SR 01-10-2017 3B
Ci ty Council
Report
City Council M eeting : January 10, 2017
Agenda Item: 3.B
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To: Mayor and City Council
From: Donna Peter, Director , Human Resources Department
Subject: Appointment of Interim City Attorney and Approval of Employment Agreement
and Side Letter Modifying the Public Attorney's Union Memorandum of
Understanding
Recom mended Action
Staff recommends that the City Council :
1. A dopt the employment agreement appointing Joseph Lawren ce as the interim
City Attorney; and
2. A dopt the side letter modifying the Public Attorney ’s Union Memorandum of
Understanding.
Executive Summary
A t the December 6, 2016 Council meeting, Council announced the appointment of
Joseph Lawrence as interim City Attorney effective December 31, 2016. Staff
recommends that as part of the appointment to the position that Council, approve the
salary and the Em ployment Agreement. Attached is also a side letter with the Public
Attorneys Union (PAU) providing a bonus for the Chief Deputy City Attorney who will be
leading the new Code Enforcement uni t in the City Attorney’s Office.
Background
Former City Attorney Marsha Jones Moutrie retired effective December 30, 2016 , after
22 years in the position. While the City, in conjunction with an outside recruitment firm,
has begun its search for a new permanent City Attorney, Council met in closed session
on December 6 , 2016 , and agreed to appoint current Assistant City Attorney, Mr.
Lawrence, as interim City Attorney.
Discussion
The Council and Mr. Lawrence have reached an agreement regarding salary. Mr.
Lawrence shall receive a salary of $26,024 per month during hi s term as interim City
Attorney. His benefits as the interim City Attorney shall be the same as those within the
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Executive Pay Plan group which includes department heads. He currently receives
those benefits as Assistant City Attorney. The appointment s hall be effective December
31, 2016. Staff recommends adoption of the attached Employment Agreement to
formalize the appointment.
As a result of organizational and staffing changes within the City Attorney’s Office, a
Code Enforcement work unit was form ed effective September 27, 2016 . The addition
was necessary to address the highly specialized legal issues that have resulted from an
increase in Code Enforcement issues in the City. The Chief Deputy, who functions as
the lead supervisor of staff within each division, will receive a supervisor's assignment
bonus of 5% in recognition of their supervisory duties within the highly specialized
division. The Chief Deputies within the other, larger divisions of the department will
continue to receive the 10% s upervisory bonus. All Chief Deputies report directly to the
City Attorney.
Financial Impacts and Budget Actions
The salary for the City Attorney position, which is $26,024 per month , is included in the
FY 2016 -17 Adopted Budget . The cost for the 5% supe rvisory assignment bonus for
the Code Enforcement Chief Deputy is approximately $11,000 for FY 2016 -17 . The
budget appropriation for this change will be included in the FY 2016 -17 Midyear Budget
for Council approval.
Prepared By: Donna Peter, Director
Ap proved
Forwarded to Council
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Attachments:
A. PAU Side Letter Code Enf. Bonus 12 -2016
B. Lawrence Employment Ageement
SIDE LETTER OF AGREEMENT BETWEEN
THE CITY OF SANTA MONICA AND
THE PUBLIC ATTORNEYS UNION
The City of Santa Monica (the “City ”) and the Public Attorneys Union (“PAU”) hereby agree
that , effective September 27, 2016, a n employee assigned as the Chief of the Code
Enforcement division, which is a supervisory assignment in the City Attorney’s Office . The
employee shall be assigned to lead and supervise staff within the division and received a 5%
supervisory bonus i n recognition of the additional manageme nt -level job duties that this
special assignment entails.
Article II. Compensation, Section 2.02, Salaries, subsection (D), shall be replaced with
the following:
An employee assigned as Chief Deputy of a division shall receive Management Incentive Pay
as compensation earnable for the special work assignment and for the unique nature of their
job, which includes managing the Division and supervisorial duties, perfor med during normal
work hours. Management Incentive Pay as compensation earnable is defined in California
Government Code §20636(c) and 2 California Code of Regulations §571 and shall be equal to
an additional amount of their annual base salary per year. T he Chief Deputies assigned to the
Civil, Criminal and Municipal Divisions shall receive an additional 10% of their annual base
salary per year and the Chief Deputy assigned to the Code Enforcement division shall receive
an additional 5% of their annual bas e salary per year. This Management Incentive Pay will be
paid on a bi -weekly basis.
IN WITNESS WHEREOF, the parties hereto have caused this Side Letter Agreement to
be executed this ___ day of _____________2017 .
ATTEST:
______________________________
DENISE ANDERSON -WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
JOSEPH LAWRENCE
Interim City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
Ci ty Manager
LOCAL 1109
By: ______________________________
Reference:
Agreement No. 10404
(CCS)