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HomeMy WebLinkAbout12/15/2009, C3 - APPOINTMENT OF CITY ATTORNEY council. MmmgDa 12-15-09 acEnaa wpat hem Nuba C3 CITY OF SAN LUIS OBISPO FROM: Dave Romero,Mayor Andrew Carter, Vice Mayor Prepared By: Monica Irons, Human Resources Director' SUBJECT: APPOINTMENT OF CITY ATTORNEY RECOMMENDATION 1. Appoint J. Christine Dietrick as City Attorney. 2. Approve contract of employment with Ms. Dietrick and authorize the Mayor to sign. 3. Authorize the Director of Finance and Information Technology to adjust appropriate accounts to reflect the compensation changes. DISCUSSION Background On November 9, 2009 City Attorney Jonathan Lowell announced he had accepted an offer of employment to be the City Attorney of the City of Pleasanton, California. Mr. Lowell has been San Luis Obispo's City Attorney since 2003. He hired Assistant City Attorney, Christine Dietrick in 2005, and they have worked closely together in providing legal services to the City Council and City organization. During this time, Mr. Lowell mentored Ms. Dietrick, offering her opportunities to broaden her background and act as City Attorney in his absence. The Council met in closed session on November 17,2009 to discuss the city manager and city attorney recruitments and directed staff to initiate an internal recruitment for City Attorney. Ms. Dietrick applied for the City Attorney position.and was interviewed by four department heads and the Council on December 2, 2009. The City Council unanimously agreed to appoint Ms. Dietrick effective January 1, 2010. Ms. Dietrick came to the City with excellent credentials having served as contract Assistant City Attorney for the City of Pismo Beach and contract Deputy City Attorney for the City of Morro Bay. She also spent six years in private practice, obtaining extensive litigation experience. Ms. Dietrick obtained her Juris Doctor degree from Northeastern University School of Law in Boston, Massachusetts and graduated Phi Beta Kappa with a Bachelor of Arts degree in English Literature from the University of Redlands in Redlands, California. In addition to her strong credentials and experience, Ms. Dietrick is very involved in the community and professional organizations. She is the President-elect of the Women Lawyers Association of San Luis Obispo County, a founding member of the Anti-Defamation League Advisory Board of San Luis Obispo County, a trainer for County Law Enforcement Crisis � 3 - 1 City Manager Recruitment Agreement Page 2 Intervention, a member of the San Luis Obispo County Bar Association, and is actively involved with the League of California Cities City Attorneys Department. The appointment is an example of the City's succession planning efforts and will provide for a smooth transition as Lowell's last day of employment with the City is December 31, 2009. Lowell and Ms. Dietrick have been working on a transition plan that includes using contract counsel as necessary to ensure coverage until the office is once again fully staffed. Terms and Conditions of Employment The employment contract is attached and sets forth the terms and conditions of the City Attorney appointment. It includes the following: 1. Annual salary of$155,000. 2. Health and welfare benefits consistent with other appointed officials. 3. Mutually agreeable written goals and performance objectives will be established. 4. A severance benefit consistent with industry standards. FISCAL IMPACT There is a positive fiscal impact as Ms. Dietrick's salary is less than currently budgeted. ATTACHMENT Employment Contract GAAgenda reports\2009\City Attomey Contract\CAR-City AttomeyContmct.doc 7j `� ATTACHMENT CONTRACT OF EMPLOYMENT WITH J. CHRISTINE DIETRICK CITY ATTORNEY THIS CONTRACT is entered into this 15th day of December, 2009 by and between the CITY OF SAN LUIS OBISPO, State of California (hereinafter referred to as "CITY"), and J. CHRISTINE DIETRICK, a contract employee (hereinafter referred to as " CHRISTINE DIETRICK"); WITNESSETH: WHEREAS, Charter Section 703 provides that the SAN LUIS OBISPO CITY COUNCIL (hereinafter referred to as "COUNCIL") is responsible for the appointment and removal of the CITY ATTORNEY, and WHEREAS, the COUNCIL, on behalf of the CITY acknowledges and accepts the responsibility for supervision of the CITY ATTORNEY; and WHEREAS, the COUNCIL is desirous of appointing a CITY ATTORNEY and wishes to set the terms and conditions of said employment; and WHEREAS, CHRISTINE DIETRICK desires to accept the position of CITY ATTORNEY consistent with certain terms and conditions of said employment, as set forth in this CONTRACT. NOW, THEREFORE, the parties do mutually agree as follows: Section 1. Effective Date. A. The appointment of CHRISTINE DIETRICK is effective January 1, 2010. B. Nothing in this Contract shall prevent, limit or otherwise interfere with the right of the COUNCIL to terminate the services of CHRISTINE DIETRICK at anytime, subject only to San Luis Obispo CITY Charter Section 709 and the provisions set forth in Section 12 of this Contract. C. Nothing in this Contract shall prevent, limit or otherwise interfere with the right of CHRISTINE DIETRICK to resign at any time from her position with the CITY, subject only to the provision set forth in Section 13 of this Contract. Section 2. Duties and Salary. A. CITY agrees to employ CHRISTINE DIETRICK as full-time CITY ATTORNEY of the City to perform the functions and duties specified in the �3 -3 ATTACHMENT Charter and Municipal Code and to perform such other legally permissible and proper duties and functions as the COUNCIL may from time to time assign. B. COUNCIL agrees to pay CHRISTINE.DIETRICK, for her services rendered pursuant hereto, a starting annual base salary of $155,000 payable in installments at the same time as the other management employees of the CITY are paid. In addition, COUNCIL agrees to increase said base salary by the cost- of-living adjustment approved by the COUNCIL for all CITY management employees under the Management Pay-for-Performance System (Resolution No. 10036 (2008 Series) and any successors. Section 3. Benefits. In addition to the salary set forth in Section 2 of this CONTRACT, CHRISTINE DIETRICK shall be entitled to a car allowance of$250 per month, a City contribution of 3.5% of salary to a 401(a) supplemental retirement plan and the same benefits as those offered by the CITY to the CITY ATTORNEY, in accordance with Resolution No. 10036 (2008 Series) and successors. Section 4. Performance Evaluation. A. By April 30; 2010, COUNCIL and CHRISTINE DIETRICK shall establish mutually agreeable written goals, performance objectives, and priorities for the performance period ending March 30, 2011. Further, Council shall conduct an "interim" evaluation by October 29, 2010. An annual formal Council evaluation will be conducted in March of 2011 in accordance with the City's Appointed Official Evaluation Process. Consistent with the schedule outlined above, based on the Appointed Officials Evaluation Process, and subject to performance as assessed by the COUNCIL, the CITY ATTORNEY compensation shall be reviewed by COUNCIL in April 2011 consistent.with the Management Pay-for-Performance System in place at that time. B. Each calendar year thereafter, COUNCIL shall review and evaluate the performance and compensation of CHRISTINE DIETRICK in accordance with the adopted Appointed Officials Evaluation Process and adopted Management Pay-for-Performance System, or any successor systems. Section 5. Outside Activities. Conduct and Behavior. A. CHRISTINE DIETRICK shall not engage in teaching, consulting or other non-CITY connected business without the prior approval of COUNCIL. B. CHRISTINE DIETRICK shall comply with all local and state requirements regarding conflicts-of-interest. 2 ' ATTACHMENT Section 6. Dues and Subscriptions. COUNCIL agrees to budget for and to pay for professional dues and subscriptions of CHRISTINE DIETRICK necessary for her continuation and full participation in national, regional, state, and local associations, and organizations necessary and desirable for her continued professional participation, growth, and advancement, and for the good of the CITY. Section 7.. Professional_Development. A. COUNCIL hereby agrees to budget for and to pay for travel and subsistence expenses of CHRISTINE DIETRICK for professional and official travel, meetings, and occasions adequate to continue the professional development of CHRISTINE DIETRICK and to adequately pursue necessary official functions for the CITY, including but not limited to the League of California Cities Annual Conference, League of California Cities City Attorneys Department Conference, and such other national, regional, state, and local governmental organizations, groups and/or committees. B. COUNCIL also agrees to budget for and to pay for travel and subsistence expenses of CHRISTINE DIETRICK for short courses, institutes, and seminars that are necessary for her professional development and for the good of the CITY. C. Other professional development may be agreed upon from time to time between the COUNCIL and CHRISTINE DIETRICK. Section 8. General Expenses. COUNCIL recognizes that certain expenses of a non-personal and job- affiliated nature are incurred by the CITY ATTORNEY, and hereby agrees to authorize the Finance Director to reimburse or to pay said general and reasonable expenses, consistent with CITY policies, upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits. Section 9. Indemnification. In addition to that required under state and local law, CITY shall defend, save harmless, and indemnify CHRISTINE DIETRICK against any claims, demands, causes of actions, losses, damages, expenses (including but not limited to attorney's fees as may be authorized against public entities or officers consistent with state law) or liability of any kind whether stated in or arising from tort, professional liability or any other legal action or equitable theory, whether groundless or otherwise arising out of an alleged act or omission occurring in the C3 -5 3 ATTACHMENT performance of CHRISTINE DIETRICK'S duties as CITY ATTORNEY to the fullest extent permitted by law. CITY may compromise and settle any such claim or suit, and shall pay the amount of any settlement or judgment rendered thereon. Section 10. Other Terms and Conditions of Employment. The COUNCIL, in consultation with CHRISTINE DIETRICK, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of CHRISTINE DIETRICK, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this CONTRACT, the CITY Charter or any other law. Section 11. No Reduction of Pay and/or Benefits. COUNCIL shall not at any time during the term of this CONTRACT, reduce the salary, compensation or other financial benefits of CHRISTINE DIETRICK, except to the degree of such a reduction across-the-board for all employees of the CITY. Section 12. Termination and Severance Pay. A. In the event CHRISTINE DIETRICK'S employment is terminated by the COUNCIL, or she resigns at the request of a majority of the COUNCIL during such time that she is otherwise willing and able to perform the duties of CITY ATTORNEY, the COUNCIL agrees to pay her a lump sum cash payment equal to nine (9) months compensation (salary and all appointed officials fringe benefits). Additionally, CITY shall extend to CHRISTINE DIETRICK the right to continue and purchase at her expense health insurance pursuant to the terms and condition of the Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA) or any successor legal requirement. CHRISTINE DIETRICK is the CITY ATTORNEY for the purposes of the benefits under the California Joint Powers Insurance Authority of which the CITY is a member. Any associated severance benefit as a result of termination shall be in accordance with the terms and conditions of the California Joint Powers Insurance Authority's Memorandum of Liability Coverage in effect at the time of termination. B. In the event that CHRISTINE DIETRICK is terminated for "good cause" the COUNCIL shall have no obligation to pay the lump sum severance payment mentioned above. For the purpose of this CONTRACT, "good cause" shall mean any of the following: (1) Malfeasance, dishonesty for personal gain, willful violation of law, corrupt misconduct, or conviction of any felony. (2) Conviction of a misdemeanor arising directly out of CHRISTINE DIETRICK's duties pursuant to this Agreement. C3 -0 4 ATTACHMENT (3) Willful abandonment of duties outlined in this Agreement. "Good cause" shall not mean a mere loss of support or confidence by a majority of the COUNCIL. C. Any termination of employment shall be done consistent with limitations established in the City Charter Section 709. Additionally, the CITY shall provide a minimum of 30 days prior written notice to CHRISTINE DIETRICK of the intent to terminate this Agreement. Section 13. Resignation. In the event CHRISTINE DIETRICK voluntarily resigns her position with the CITY, she shall give the COUNCIL at least two (2) months advance written notice. Section 14. General Provisions. A. The text herein shall constitute the entire CONTRACT between the parties. B. This CONTRACT shall be binding upon and inure to the benefit of the heirs at law and executors of the parties. C. It is the intent of the COUNCIL that this CONTRACT and the appointment of CHRISTINE DIETRICK as CITY ATTORNEY are in accordance with the requirements and provisions of the Charter. Wherever possible, the provisions of this CONTRACT shall be construed in a manner consistent with the Charter. If any provision of this CONTRACT conflicts with the Charter, the Charter shall control. D. If any provision, or any portion thereof, contained in this CONTRACT is held unconstitutional, invalid or unenforceable, the remainder of this CONTRACT, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. IN WITNESS WHEREOF, CITY and EMPLOYEE have executed this Contract on the day and year first set forth above. J. CHRISTINE DIETRICK DATE 5 ATTACHMENT DAVID F. ROMERO, MAYOR DATE ATTEST: ELAINA CANO DATE CITY CLERK APPAQVED AS TO FORM: P. LOWELL City Attorney 6