SR 01-24-2017 3G
Ci ty Council
Report
City Council Meeting : January 24, 2017
Agenda Item: 3.G
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To: Mayor and City Council
From: Donna Peter, Director , Human Resources Department
Subject: Agreement with Seltzer Fontaine and Beckwith, Legal Search Consultants, for
City Attorney Executive Recruitment
Recommended Action
Staff recommends that the Cit y Council ratify the agreement with Seltzer Fontaine and
Beckwith , a California -based legal search firm, to provide executive recruitment services
in the search for a new City Attorney.
Executive Summary
The City Attorney serves as the chief legal advis or and head of the legal branch of the
City government. It is a high -profile position that is appointed by the City Council. As
such, staff recommended engaging an executive recruitment firm to conduct a
nationwide search to identify candidates to fill th e vacancy that occurred when the
incumbent City Attorney retired in December. Seltzer Fontaine and Beckwith Legal
Search Consultants were selected to provide executive search and recruitment services
for an amount not to exceed $55,000.
Background
In Se ptember of 2016 the City Attorney Marsha Moutrie announced her intention to
retire December 30, 2016. Subsequently, the Council directed staff to engage in a
nationwide search to recruit candidates for the position.
Discussion
The City contracts with ex ecutive search firms to assist with identifying candidates for
high -level management vacancies that require customized recruitment strategies and
approaches. Executive search firms assist in the creation of a recruitment profile which
details the desired q ualifications and characteristics for the position. The firm then uses
professional contacts, relationships, industry -specific and non -traditional outreach to
find qualified candidates. Once an applicant pool is created, the firm assesses and
evaluates ca ndidates, verifies degrees and certifications, monitors news sources,
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conducts preliminary interviews, and checks references. The top qualified candidates
are then interviewed by the hiring authority that makes the final selection.
The selection of the b est qualified recruitment firm to assist with the executive recruiting
process of the City Attorney is inextricably intertwined with employment matters. It is
well established that employment matters are appropriately held in closed session
pursuant to Go vt. Code Section 54957(b)(1). Moreover, a professional service
agreement of $80,000 or less falls within the administrative authority granted under
Santa Monica Municipal Code Section 2.24 .073(d ). Thus, approval of the PSA with
Seltzer Fontaine Beckwith in the amount of $55,000 is within the administrative authority
of the Manager.
Although the City staff believes that the retention of Seltzer Fontaine Beckwith has been
in compliance with applicable law, staff recently received a complaint from a membe r of
the public that the retention of the legal recruiter was not in open session. Not as a
matter of error, but as a ma tter of transparency, this item has been placed on the
Consent Calendar for ratification of the award of the professional service agreem ent to
Seltzer Fontaine Beckwith as the best qualified firm to assist with the executive
recruiting process for the position of the City Attorney.
Financial Impacts and Budget Actions
The agreement with Seltzer Fontaine Beckwith is for an amount not to ex ceed $55,000.
Funds are available in the FY 2016 -17 budget in the Office of the City Attorney . The
agreement will be charged to account 01231.555060 .
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Prepared By: Donna Peter, Director
Approved
Forwarded to Council
Attachments:
A. Seltzer Fontaine Beckwith Agreement
B. Seltzer Fontaine Beckwith Oaks Form
Reference:
Agreement No. 10420
(CCS)