EXHIBIT A
AMENDMENT NO. 4 TO EMPLOYMENT AGREEMENT
City Attorney
This Amendment No. 4 is dated this ___________ day of ________________, 2022, between the City of Santa Rosa (“City”) and Sue Gallagher, (“City Attorney” or “employee”).
RECITALS
WHEREAS, on April 18, 2017, the City and the City Attorney entered into an Employment Agreement approved by Council by Resolution No. RES-2017-061; and WHEREAS, on June 26, 2018, the Council, by Resolution No. RES-2018-109, approved Amendment No. 1 to the Employment Agreement; and WHEREAS, on December 3, 2019, the Council, by Resolution No. RES-2019-176, approved Amendment No. 2 to the Employment Agreement; and WHEREAS, on March 15, 2022, the Council, by Resolution No. RES-2022-049, approved Amendment No. 3 to the Employment Agreement; and WHEREAS, the City Attorney’s Employment Agreement provides that, “Subject to the limitations set forth in Government Code section 3511.2, the City Attorney’s compensation shall change by the percentage of the cost of living salary adjustment, if any, paid to the City’s executive management employees for the 2018-19 fiscal year and each fiscal year thereafter. Said cost of living increases shall not exceed the annual California Consumer Price Index for Urban Wage Earners and Clerical Workers as calculated by the Department of Industrial Relations, unless expressly approved by the Santa Rosa City Council. The City Attorney’s compensation shall also change by the benefits adjustment, if any, paid to the City’s executive management employee for the 2017-18 fiscal year and each fiscal year thereafter. In addition, upon completion of an annual performance evaluation as set forth in section 5, the City Council shall consider whether to provide a merit increase in the City Attorney’s salary subject to the maximum salary range established for the City Attorney classification. Whether to provide a merit increase, and the amount of any such increase, shall be in the exclusive discretion of the City Council, and such determinations shall be final. In setting the City Attorney’s annual compensation, the Council recognizes the City Attorney’s salary should be set at a reasonable differential higher than the salaries of the attorneys whom she supervises, giving consideration for the comprehensive responsibilities of managing the City Attorney’s Office.”
AMENDMENT
NOW, THEREFORE, in consideration of the mutual benefit to be derived by the parties, it is agreed to amend the Employment Agreement for the City Attorney as follows:
1. Section 3. Salary:
The parties hereby agree to amend Section 3 Salary, to read as follows:
“3. Salary.
The City Attorney’s annual compensation, including salary and benefits, shall be fixed from time to time by ordinance adopted by the City Council as required under the City Charter. The monthly salary, effective May 8, 2022, shall be twenty-one thousand and four hundred and ninety-two dollars and thirty-two cents ($21,492.32)”
2. Section 11: Deferred Compensation – 457 Plan
The parties hereby agree to amend Section 11 Deferred Compensation – 475 Plan, to read as follows:
“11. Deferred Compensation – 457 Plan. Effective May 8, 2022, the City will increase its contribution by three percent (3%) for a total contribution amount equal to eight percent (8%) of the City Attorney’s base pay for each pay period into a 457 Deferred Compensation Program.”
3. Except as set forth herein, all other terms of the Employment Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment No. 3 as of the day and year first above written.
MAYOR CITY ATTORNEY
By: _____________________ By: _________________________ Chris Rogers Sue Gallagher
APPROVED AS TO FORM:
________________________
Chief Assistant City Attorney