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SR 02-27-2024 5G City Council Report City Council Meeting: February 27, 2024 Agenda Item: 5.G 1 of 3 To: Mayor and City Council From: Oles Gordeev, Acting Director of Human Resources, Human Resources Department Subject: Adoption of Resolution Adopting Salary Rate for City Attorney and Approval of Modification to Employment Agreement with Douglas Sloan as City Attorney Recommended Action Staff recommends that the City Council: 1. Adopt a finding of Categorical Exemption pursuant to Section 15324 (Regulations of Working Conditions) of the CEQA Guidelines 2. Adopt a resolution of the City of Santa Monica adjusting the salary rate for City Attorney (Attachment A). 3. Approve modification to employment agreement with Douglas Sloan for service as City Attorney and authorize the Mayor to sign the modification to employment agreement on behalf of the City (Attachment B). Summary On February 13, 2024, the City Council approved an adjustment of approximately 10% to the City Attorney’s base salary. This change serves to better align the City Attorney position with duties performed. To accomplish this equity adjustment, staff recommends that the City Council adopt the attached resolution adopting a new salary rate for the City Attorney and approve the attached modification to the City Attorney’s employment agreement. Discussion On February 13, 2024, the City Council approved an adjustment of approximately 10% to the City Attorney’s base salary, from $344,580 to $380,004, effective March 10, 2024. 5.G Packet Pg. 199 2 of 3 Accordingly, staff proposes a salary change to the City Attorney position, which better aligns the position with duties performed. Attachment A presents a salary resolution adjusting the base salary for City Attorney. Attachment B presents a modification to the employment agreement with the City Attorney. Environmental Review This action does not constitute a “project” within the meaning of the California Environmental Quality Act (CEQA) because a salary resolution and modification to a personnel contract will not cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Furthermore, if this action were considered a project, it would be categorically exempt pursuant to Section 15324 (Regulations of Working Conditions) of the CEQA Guidelines, which consists of actions taken by regulatory agencies to regulate employee wages and worker conditions. Financial Impacts and Budget Actions No budget action is necessary at this time as a result of the recommended action in this report. The FY 2023-24 four-month prorated cost to the General Fund for the adjustments identified in this report is approximately $15,273 (salary plus benefits) and will be absorbed within the existing budget in the City Attorney’s Office. Future year funding is contingent on Council budget approval. Prepared By: Michael Arnoldus, Human Resources Manager Approved Forwarded to Council Attachments: A. Attachment A-Salary Resolution 5.G Packet Pg. 200 3 of 3 B. Attachment B-First Modification to Employment Agreement 5.G Packet Pg. 201 ATTACHMENT A City Council Meeting: February 27, 2024 Santa Monica, California RESOLUTION NUMBER ________(CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING A SALARY RATE FOR THE CITY ATTORNEY NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The following salary level is hereby established, effective March 10, 2024, for the indicated classification: Classification Salary Reason City Attorney $380,004/annual; Step 5 Equity Adjustment SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: Douglas Sloan City Attorney 5.G.a Packet Pg. 202 Attachment: Attachment A-Salary Resolution (6268 : City Attorney Salary Reso) FIRST MODIFICATION OF EMPLOYMENT AGREEMENT BETWEEN THE CITY OF SANTA MONICA AND DOUGLAS T. SLOAN This First Modification of Employment Agreement (“First Modification”), entered into as of ______________________ (“Execution Date”), by and between the City of Santa Monica, a California municipal corporation (“City”), and Douglas T. Sloan (“Sloan” or “Employee”), is made with reference to the following: RECITALS A. On May 10, 2022, the Santa Monica City Council appointed Sloan to the position of City Attorney of the City effective as of June 6, 2022 (“Employment Date”). B. On or about May 11, 2022, the City and Sloan entered into an Employment Agreement setting forth the terms and conditions of Sloan’s employment as the City Attorney of the City as of the Employment Date (“Original Agreement”). C. The City and Sloan wish to enter into this First Modification to increase Sloan’s salary, in order to maintain appropriate internal alignment between the salary of the City Attorney and the salary of other City officials. NOW, THEREFORE, the City and Sloan agree as follows: TERMS AND CONDITIONS 1. Section 1 of the Original Agreement, entitled “Salary,” is hereby amended to add the following sentence: Commencing as of March 10, 2024, the City agrees to pay Employee an annual base salary of $380,004, payable in installments in the same manner and at the same time as other City employees are paid. 2. Except as expressly modified by this First Modification, all other terms and conditions of the Original Agreement shall be and remain in full force and effect. 3. Electronic Signatures. Each party agrees that the transaction consisting of this Agreement may be conducted by electronic means. Each party agrees and acknowledges that it is such party’s intent, that if such party signs this First Modification using an electronic signature, it is signing, adopting, and accepting this First Modification and that signing this First Modification using an electronic signature is the legal equivalent of having placed its handwritten signature on this First Modification on paper. Each party acknowledges that it is being provided with an electronic or paper copy of this First Modification in a usable format. 5.G.b Packet Pg. 203 Attachment: Attachment B-First Modification to Employment Agreement (6268 : City Attorney Salary Reso) 4. Counterparts. This First Modification may be executed simultaneously or in any number of counterparts, including both counterparts that are executed manually on paper and counterparts that are in the form of electronic records and are executed electronically, whether digital or encrypted, each of which shall be deemed an original and together shall constitute one and the same instrument. In witness whereof, this First Modification was executed on the day and year first written above. CITY OF SANTA MONICA, a municipal corporation By: Phil Brock, Mayor Douglas T. Sloan, Employee APPROVED AS TO FORM: ATTEST: Susan Cola, Assistant City Attorney Nikima Newsome, Interim City Clerk 5.G.b Packet Pg. 204 Attachment: Attachment B-First Modification to Employment Agreement (6268 : City Attorney Salary Reso)