SR-021208-1J~~~
c;cyo, City Council Report
Santa Monica
City Council Meeting: February 12, 2008
Agenda Item: 1'-S
To: Mayor and City Council
From: Karen Bancroft, Director of Human Resources
Subject: Employment Agreement with Assistant City Attorney Joseph Lawrence
Recommended Action
This report requests that Council authorize the City Attorney to execute an employment
agreement with the Assistant City Attorney, Joseph Lawrence.
Executive Summary
The Assistant City Attorney is currently listed as a participant of the Executive Pay Plan.
The attached employment agreement sets forth the terms and conditions of
employment of the Assistant City Attorney, as were previously provided to him under
the Executive Pay Plan, retroactively, to FY2005-2006, establishes a five percent
(5.0%) differential between the base salary of the Assistant City Attorney and the top
salary step established for Deputy Attorney III and, retroactively, to FY2005-2006,
corrects an error that was made in the calculation of the Assistant City Attorney's
compensation. The retroactive compensation from the beginning of FY2005-2006 is
approximately $60,000. The increase in the Assistant City Attorney's total
compensation for the remainder of FY2007-2008 is approximately $14,000.
Discussion
The position of Assistant City Attorney is in the unclassified service and serves at the
pleasure of the City Attorney. The establishment of a separate employment agreement
rather than having the Assistant City Attorney listed as a participant of the Executive
Pay Plan is therefore appropriate. The separate employment agreement is retroactive
to the beginning of FY2005-2006 and sets forth the compensation and other benefits
and privileges of employment. Under the terms of the employment agreement, the
Assistant City Attorney will continue to have the benefits and privileges as set forth in
the Executive Pay Plan Resolution, as it may be amended from time to time. The
employment agreement also contains a severance pay provision should the City
Attorney terminate the Assistant City Attorney's employment with the City as long as the
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termination is not the result of willful misconduct or conviction of a crime involving moral
turpitude.
Financial Impacts & Budget Actions
The total cost of the employment agreement for FY2007-2008 is approximately
$74,000. Provision has been made in the FY2007-2008 budget to accommodate this
expenditure and no appropriation is necessary.
Prepared by:
Karen Bancroft, Director of Human Resources
Approved:
Director, Human (Re~'ources
Forwarded to Council:
~~/~/^
mont Ewell ,_,
ity Manager
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EMPLOYMENT AGREEMENT
This Employment Agreement ("Agreement"), retroactive to FY2005-2006, by and
between the CITY OF SANTA MONICA ("City") and JOSEPH LAWRENCE ("Employee'), is
made with reference to the following:
RECITALS
A. The position of Assistant City Attorney is in the unclassified service and serves at the
pleasure of the City Attorney.
B. Prior to Fiscal Year 2005-2006, the Employee's compensation and benefits and
privileges of employment were set forth in the Executive Pay Plan as amended from time to time
by Resolutions adopted by City Council.
C. Retroactive to the beginning of Fiscal Year 2005-2006, the Employee's
compensation and other benefits and privileges of employment shall be as set forth in this
Agreement with the City.
NOW, THEREFORE, City and Employee agree as follows:
1. Wages. Retroactive to the beginning of Fiscal Year 2005-2006, the salary of the
Employee shall be set at a level that provides a five percent (5%) differential between the
Employee's base salary and that established for a Deputy Attorney III salary step 5 pursuant to
the Memorandum of Understanding (MOU) between the City and the Public Attorneys Union
(PAU). An additional six hundred-twenty five dollars ($625) per month shall then be included
and added to this amount to establish the Employee's base salary. In addition, the employee
shall receive the same supervisor's bonus payment that an employee assigned as Chief Deputy
of a division pursuant to the MOU between the City and PAU is eligible to receive. Starting as
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of Fiscal Year 2006-2007, the employee's base salary shall be automatically adjusted in the
same percentage as any cost of living adjustments granted to employees covered by the MOU
between the City and PAU. In addition, as of January 1, 2007, the Employee shall also receive
a pay increase of $400 per month as provided pursuant to the MOU between the City and the
PAU.
Any cash-out(s) and other similar payments (included but not limited to payments for
accrued sick leave and management incentive pay) Employee received in accordance with the
benefits and privileges of employment as set forth in the Executive Pay Plan between July 1,
2005 and the execution of this Agreement shall be adjusted and paid to Employee to conform to
the terms of this Agreement.
All retroactive payments provided for in this Section shall be paid to Employee within ten
(10) days of approval of the Agreement by the City Council. Employee's prospective
compensation shall be set to conform to the terms of this Agreement upon the approval of the
Agreement by City Council.
2. Benefits. Except for wages, which shall be as described in Subsection 1 of this
contract, the Employee shall have the benefits and privileges of employment as set forth in the
Executive Pay Plan Resolution, as it may be amended from time to time including but not limited
to any payments made by the City that may occur for deferred compensation, performance,
management leave or other purposes. In the event a "benefit" provided by the Executive Pay
Plan Resolution is rolled into the base pay of, or otherwise paid to, participants in the Executive
Pay Plan (EPP), that benefit will also be rolled into the base pay of the Employee, either as a
flat dollar amount or a percentage of pay, whichever conforms with what was done for the EPP
participants, not withstanding the terms of Section 1 above.
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3. Severance Pav. The City shall pay the Employee severance pay in an amount equal
to six (6) months of the Employee's base monthly salary and supervisor's bonus upon his
termination by the City. This severance pay shall be in addition to all accrued leave and other
compensation that is subject to cash-out upon separation from City service. For the purposes of
this Section, "termination by the City" means action by the City Attorney to terminate the
Employee's employment with the City. Severance pay required to be paid by this Section shall
be paid within ten (10) calendar days of termination by the City. Severance pay shall not be
required pursuant to this Section if the termination of the Employee was the result of willful
misconduct or conviction of a crime involving moral turpitude.
4. Duration of Agreement. This Agreement shall be retroactive to the beginning of FY2005-
2006 and shall continue in full force and effect until modified by the City Attorney and Employee
in writing, or until such time as Employee's employment with. the City terminates. Upon the
termination of Employee's employment, he shall be paid all accrued benefits that are subject to
cash-out per State law or the terms of the Executive Pay Plan in effect at the time of separation.
Except for termination as a result of willful misconduct or conviction of a crime involving moral
turpitude, Employee upon separation from City employment shall receive any other benefits and
privileges, including any retirement benefits and privileges, as are provided to a participant in
the Executive Pay Plan who terminates employment with City.
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IN WITNESS WHEREOF, this Agreement was executed on the date and year first above
written.
DATED:
DATED:
EMPLOYEE:
JOSEPH LAWRENCE
CITY OF SANTA MONICA
~~
M SHA J ES M~TRIE
CI YATTO NEY
APPROVED AS TO FORM:
MARSHA JONES MOUTRIE
CITY ATTORNEY
(Employment Agreement.Joe Lawrence.FY2005-2006)
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Reference Contract
No. 8890 (CCS).