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HomeMy WebLinkAbout05-07-2013 b2 appointed cofficials eval and compensationcounctL âqenÒa pepont Meeting Date May 7.2013 Itêm Nuhhêr B2 FROM: Prepared By: CITY OF SAN LUIS OBISPO Mayor Jan Howell-Marx Monica Irons, Director of Human Resources SUBJECT: APPOINTED OFFICIALS, EVALUATIONSAND COMPENSATION RECOMMENDATION 1. Adopt a resolution adjusting the salary of the City Attorney. 2. Authorize the Mayor to execute amended contract of employment with the City Attorney. DISCUSSION Background In 1999 Council began following a structured process to annually evaluate the job performance of its two appointed officials, the City Manager and City Attomey. The process is facilitated by a consultant who collects input on the appointed officials' performance in the areas of Council-City Manager or Council-City Attorney relationship, legal advocacy (City Attorney only), leadership, community relations, financial management (City Manager only), and progress to major goals. The consultant summarizes input for Council from the appointed officials' direct reports. The consultant then interviews each Council member and drafts the performance evaluation documents prior to meeting with Council as a whole to ftnalize. Council also reviews and approves goals for each appointed official during this annual process. Appointed Officials' goals are linked to Major City Goals established by Council as part of the City's comprehensive financial planning process. The overall process takes approximately six weeks to complete and provides appointed officials with constructive feedback that guides individual and organizational performance. Compensation Considerations The Management Pay for Performance System was developed and adopted by Council in 1996. The system was designed to recognize and reward excellent performance by unrepresented management employees, including appointed officials, and to encourage continuous improvement, sustained high performance, and achievement of goals. Based on performance evaluation ratings, an employee may be eligible for a pay for performance increase that moves an individual's salary within an established salary range, until the individual's salary reaches the top of the range. This differs from the "step" system used with other employee groups, where employees move through the salary range in fixed "steps" based on time in grade (typically at one-year intervals). This year, the Council recognized the difficulty in evaluating compensation for appointed officials solely within the parameters of the pay for performance system. Appointed officials are differently situated from other management employees in that they are hired by, and serve at the will of, the City Council. Moreover, the City Manager and City Attorney are the only City employees for whom compensation is individually negotiated and agreed upon in Employment Contracts between B2-1 Appoi nted Officials' Evaluations and Compensation Page 2 the City and each appointed official. Thus, in addition to performance criteria, after considering comparison city and local agency data, Council determined that an increase in compensation from 5160,446 to $168,000 annually was appropriate for the City Attorney. This increase is within the pre-existing salary range for City Attorney that has a maximum of $175,240 annually. No other changes to the City Attorney's compensation, or that of the City Manager, were requested or recommended at this time. A slight wording change in the City Attorney's employment contract is recommended as indicated in Attachment 2. This change is intended to permit the Council flexibility in its consideration of multiple factors relevant to compensation, specifically including market comparisons. FISCAL IMPACT The proposed compensation adjustment for the City Attorney can be accommodated with the City Attorney 2012-13 budget. If approved, adjustments to the 2013 -15 financial plan will be made accordingly. ATTACHMENTS 1. Resolution - Citv salarv adiustment 2. Amended City Attorne]¡ Employment Contract - with markup 3. Amended Citv Attorne)¡ Emplo)¡ment Contract - Final B2-2 Attachment I Page 1 of2 RESOLUTION NO.(2013 SERTES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ADJUSTING COMPENSATION FOR THE CITY ATTORNEY WHEREAS, on January I, 20L0 the City Council approved a contract of employment appointing Christine Dietrick to the position of City Attorney; and V/HEREAS, the City Council conducted a performance evaluation on March 27, 2013, in accordance with the Appointed Officials' Performance Process as modified in December of 2011; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Effective April 11, 2013, the City Attorney's salary shall be increased from $13,37I per month to $14,000 per month or $168,000 annually. SECTION 2. All other compensation and benefits afforded the City Attomey under Management Compensation Resolution No. 10315 (2011 Series) and the City Attorney Emplo¡irnent Agreement as amended, not superseded by the above, shall remain in full force and effect. SECTION 3 Attorney annually. The City Council shall evaluate the performance of the City On motion of Council Member, seconded by Council Member, and on the following roll call vote: AYES: NOES: ABSENT: B2-3 Page2 of2 Resolution No. (2013 Series) Page2 The foregoing Resolution was adopted this 7th day of May,2013. MAYOR JAN MARX ATTEST: MAEVE KENNEDY GRIMES, CITY CLERK APPROVED AS TO FORM: ANDREA VISVESHWARA, ASSISTANT CITY ATTORNEY B2-4 ATTACHMENT 2 AMENDED CONTRACT OF EMPLOYMENT WITH J. CHRISTINE DIETRICK CITY ATTORNEY THIS CONTRACT is amended this 61çl1h day of @ 2013 by and between the CITY OF SAN LUIS OBISPO, State of California (hereinafter referred to as "C|TY"), 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 othenruise interfere with the right of the COUNCIL to terminate the services of CHRISTINE DIETRICK at any time, 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 othenryise 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. T:\Council Agenda ReportsV0l3\2013-05-07\Appointed Officials Evaluations and Compensation (hons)\ATTACHMENT 2 - AmendedCAConhact.docx Page I 82-5 Section 2. Du and Salarv. A. CITY agrees to employ CHRISTINE DIETRICK as full-time CITY ATTORNEY of the City to perform the functions and duties specified in the 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, an stefr.in€rannual base salary of $a-55SO0l$31Q00 payable in installments at the same time as the other management employees of the CITY are paid. ln 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 Compensation Resolution (Resolution No. 10036 (2008 Series) and any successors. C. Notwithstanding Section 2(B), CHRISTINE DIETRICK agrees that she will not receive any across the board salary increases (e.9. "cost of living" increases) from Janu ary 1 , 2012 through December 31, 2013 pursuant to the Reduction in Management Compensation Resolution, Resolution No. 3015 (2011 Series). Section 3. Benefits. ln 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 the Reduction in Management Compensation Resolution, Resolution No.301 5 ( 2011 Series). Section 4. Performance Evaluation. A. By April 30,2010, COUNCIL and CHRISTINE DIETRICK shall establish mutually agreeable written goals, performance objectives, and priorities forthe 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 I with the adopted Appointed Officials Evaluation Process, best manaqement 'f:\,Co¡ncil Agenda Reports\2013t20 t3-05-O?"Appoiuted Officials llvaluations and Compeusation (hons)\AT'l'ACHMIIN'I 2 AmendedCACorìtract.docx Page2 2 B2-6 practices, and informed bv comparison aqencv data Pay fer Pedermanee System, er any sueeesser systems Section 5. Outside Activities. Gonduct 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 req u i re me nts rega rd i ng confl icts-of-i nterest. 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, grou ps 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. T:\Council AgeDda ReportsV0l3U0t3-05-O?\'Appointed Officials Evaluations and Compensation (hons)\ATTACHMIIN'I 2 Àmerrdecf CACortract.docx Page 3 J B2-7 Section 9. lndemnification. ln 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 othen¡vise arising out of an alleged act or omission occurring in the 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 Gonditions of Emplovment 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 Pav 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 or CHRISTINE DIETRICK provides written consent to the reduction. Notwithstanding the above, CHRISTINE DIETRICK expressly agrees to the reduction of compensation, salary, and financial benefits as set forth in the Reduction in Management Compensation Resolution (Resolution No. (2011 Series)) Section 12. Termination and Severance Pav. A. ln 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 othenruise 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 T:\Council Ägenda Reports\2O13\2013-05-07\Appoirrted Officials Bvaluations ancl Compensation (tlons)\ATTACHMEN'I 2 - AmerrdetiCACorìtract.docx Page 4 4 B2-8 Powers lnsurance 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 lnsurance Authority's Memorandum of Liability Coverage in effect at the time of termination. B. ln 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. (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. Resisnation ln 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. lt is the intent of the COUNC¡L 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. lf any provision of this CONTRACT conflicts with the Charter, the Charter shall control. T:\Council Agencla Reports\20ì3U0t3-05-07"Appoirfed Officials Evaluations and Compensation (llons)\ATTÂCHMllN'l 2 - Amended CAContracl.docx Page 5 5 B2-9 D. lf 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. lN WITNESS WHEREOF, CITY and EMPLOYEE have executed this Contract on the day and year first set forth above. J. CHRISTINE DIETR¡CK DATE JAN MARX, MAYOR DATE ATTEST: MAEVE KENNEDY-GRIMES CITY CLERK DATE APPROVED AS TO FORM ANDREA VISVESHWARA ASSISTANT CITY ATTORNEY T:\Council Agenda ReporLs\2013V013-05-O7\Appointed Officials Bvaluations and Compensation (honsIATTACHMENI 2 - AmerrdedCACottract.docx Page 6 6 B2-10 ATTACHMENT 3 AMENDED CONTRACT OF EMPLOYMENT WITH J. CHRISTINE DIETRICK CITY ATTORNEY THIS CONTRACT is amended this 7th day of May, 2013 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 any time, 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 othenruise 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. T:\Council Agenda Reports\2013U013-05-07\Appoinied Officials llvaluaticrns ancl Compensation (h'ons)\ATTACHMIIN'I 3 - Amend etlCACorrtractF'inal.clocx Page I 1 B2-11 ATTACHMENT 3 Section 2. Duties and Salary. A. CITY agrees to employ CHRIST¡NE DIETRICK as full-time CITY ATTORNEY of the City to perform the functions and duties specified in the 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, an annual base salary of $168,000 payable in installments at the same time as the other management employees of the CITY are paid. ln 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 Compensation Resolution (Resolution No. 10036 (2008 Series) and any successors. C. Notwithstanding Section 2(B), CHRISTINE DIETRICK agrees that she will not receive any across the board salary increases (e.9. "cost of living" increases) from January 1,2012 through December 31,2013 pursuant to the Reduction in Management Compensation Resolution, Resolution No. 3015 (2011 Series). Section 3. Benefits. ln 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 the Reduction in Management Compensation Resolution, Resolution No.301 5 (2011Series). Section 4. Pe ce 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 T:\Council r\genda Reports\2013\2013-0-s-07\Appointed Officials Evaluations and Compensalion (lttns)\ATT,{CHMEN'I 3 - y'rrnendedCÀConlractF'inal.rlocx Page 2 2 B2-12 ATTACHMENT 3 with the adopted Appointed Officials Evaluation Process, best management practices, and informed by comparison agency data.. Section 5. Outside Activities, Gonduct 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 req u i re m e nts re ga rd i n g co nfl icts-of-i nte rest. 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. 'I:\Council r{gencla Reports\zO1 3\20 t3-05-07\Appoirted Officials Evaluations and Compensation (lrons)\ATTACHMEN'I I - AmendedCAContraclF'inal.clocx Page 1 J B2-13 ATTACHMENT 3 Section 9. lndemnification. ln 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 othenvise arising out of an alleged act or omission occurring in the 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 a Conditions of Emolovment. 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 Pav 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 or CHRISTINE DIETRICK provides written consent to the reduction. Notwithstanding the above, CHRISTINE DIETRICK expressly agrees to the reduction of compensation, salary, and financial benefits as set forth in the Reduction in Management Compensation Resolution (Resolution No. (2011Series)) Section 12. Termination and Severance Pay. A. ln 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 Tl'Council Àgenda ReportsV0l3\2013-05-07\',Appointed Officials Evaluaticrns and Compensation (hons)\ATTA.CHMIIN'I 3 - AmerrdedCiAContractl inal.clocx Page 4 4 B2-14 ATTACHMENT 3 Powers lnsurance 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 lnsurance Authority's Memorandum of Liability Coverage in effect at the time of termination. B. ln 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. (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. Resiqnation. ln 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 padies. B. This CONTRACT shall be binding upon and inure to the benefit of the heirs at law and executors of the parties. C. lt 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. lf any provision of this CONTRACT conflicts with the Charter, the Charter shall control. T:\Cor.rncil Agenda Reports\2013U013-05-07\Appointed Officials llvaluations ancl Compeusalion (h'ons)\ATTACHN{llNl'l - ¡\merrdetl CAContractl inal.clocx Page 5 5 B2-15 ATTACHMENT 3 D. lf 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. lN WITNESS WHEREOF, CITY and EMPLOYEE have executed this Contract on the day and year first set forth above. J. CHRISTINE DIETRICK DATE JAN MARX, MAYOR DATE ATTEST: MAEVE KENNEDY GRIMES CITY CLERK DATE APPROVED AS TO FORM ANDREA VISVESHWARA ASSISTANT CITY ATTORNEY T:\Council Agencla ReportsUOl3V0l3-05-O7"Appointed Offici¡ls llvaluations and Compelsation (L'cTnsIATTACHMENI 3 - Ameud etlCACorrtractF'inal.docx Page 6 6 B2-16 SrEw JENrclNs ArrozuNEY COLTNCIL MEETING ITEM NO (:7"*¿/y. :!-,oo, G '€*tot* {'9/am*ry, 1336 Morro Street, San Luis Obispo CA 93401 Phone: (805) 541-5763 FAX: (805) 547-1608 l|l4ay 7,2013 Jan Marx, Mayor John Ashbaugh, Kathy Smith, Dan Carpenter, Council Members San Luis Obispo City Hall Re: Contemplated 57,220 pay increase for the position of City Attorney Dear Mayor and Council Members I want to preface this note with the observation that the current City Attorney is competent and professional. This letter is not about the current occupant of the job, but about the lack of wisdom in raising the pay of any management officer of our City government at a time when rank and file city employees, city police, and city firefighters have incurred very significant cuts in their compensation. The City Attorney is such a management position. To increase the salary of a significant position, like the City Attomey, or the City Manager, sets a very bad example for the other women and men who served our residents with significantly less pay for the same job this year that they received last year. The compensation received by the City Attorney is already appreciably higher than the median salary paid to attorneys throughout the state of California [$ I 3 9, 1 52 annually] . On a per capita basis the current salary also is questionable. The residents of Santa Maria, a city with a population of 1 00,200 each pay $ 1 .86 for the services of their City Attorney. The City of San Luis Obispo, with 45,525 residents could be presumed to have somewhat fewer legal issues for the City Attorney to handle than our sister city to the south (with over twice the population). Yet if the Council decides to raise the City Attorney's pay to $167,220 the salary paid for that public ofhce by each man, woman and child living in SLO will amount to $3.68 for that City Offìcer's services: Very close to Double what the residents of Santa Maria pay for an equal or greater level of service. The position is currently wellpaid, and arguably overpaid given the wide variety of competent attomeys available to perform the job at $20,000 to $30,000 less than the current salary is set at. As representatives of this City's residents, set a better example for the rest of the employees who work for the City. Decline the urge to raise the salary S tew