SR 02-27-2024 5G
City Council
Report
City Council Meeting: February 27, 2024
Agenda Item: 5.G
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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.
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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
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B. Attachment B-First Modification to Employment Agreement
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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
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Packet Pg. 204 Attachment: Attachment B-First Modification to Employment Agreement (6268 : City Attorney Salary Reso)