HomeMy WebLinkAbout05-07-2013 b2 appointed cofficials eval and compensationcounctL
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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
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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
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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:
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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
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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.
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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
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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.
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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
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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.
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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
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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.
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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
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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.
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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
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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.
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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
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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