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SR 01-10-2017 3B Ci ty Council Report City Council M eeting : January 10, 2017 Agenda Item: 3.B 1 of 3 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 2 of 3 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 3 of 3 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)