Title
Recommendation to Approve the Second Amendment to the Amended Employment Agreement for the City Attorney, Retroactive to the First Pay Period in January 2025.
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
On March 4, 2025, the City Council conducted the annual evaluation of City Attorney Yibin Shen. As part of the evaluation discussion, in recognition of his performance, responsibilities and comparable salaries for City Attorneys, the City Council expressed a desire to authorize an increase in the City Attorney’s salary from $307,993 to $326,473 annually, retroactive to the first pay period in January 2025. The recommendation is for the City Council to approve this increase.
BACKGROUND
Mr. Shen has been the City Attorney since May 2019 and his salary has not been adjusted, other than by the same cost of living increases received by City of Alameda (City) department heads, to reflect his performance or new responsibilities since 2022. Consistent with longstanding practice, the City maintains an individual employment agreement with its City Attorney, which establishes the terms and conditions of employment for the City Attorney. The agreement may be subject to amendments as part of the annual review process. With the assistance of a facilitator (Rick Haydon with the Municipal Resource Group), who coordinated the City Council’s collective evaluation of Mr. Shen and conducted a salary survey, the City Council completed the City Attorney’s annual evaluation during its March 4, 2025 City Council Meeting.
DISCUSSION
As part of the City Attorney’s March 4, 2025 evaluation, the City Council considered the City Attorney’s performance, responsibilities and, given the wide scope of the legal services the City Attorney provides and the wide range of programs the City Attorney oversees, comparable City Attorney salaries in California. Based thereon, City Council expressed a desire to authorize a one-time equity increase of 6% ($18,480) in the City Attorney’s annual salary, retroactive to the first pay period in January 2025. This would be the second equity adjustment the City Attorney has received during his tenure with the City. As mentioned, he has received the same cost of living salary increases and other benefits received by City department heads.
Since joining the City, the City Attorney has implemented a prosecution unit, hired and oversees a Police Auditor, and has responsibility for the Rent Program. The City of Alameda is the only Bay Area city to have a City Attorney oversee a state law prosecution unit, a police auditor, and a robust Rent Program.
An amendment to the City Attorney’s amended employment agreement has been prepared and it is now being presented to the City Council for approval, consistent with earlier City Council direction.
FINANCIAL IMPACT
Funds for this position are already included in the City Attorney’s department budget. No additional funds are required in Fiscal Year 2024-25.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is consistent with the Alameda Municipal Code.
ENVIRONMENTAL REVIEW
City Council’s approval of this amendment to the City Attorney’s amended employment agreement is not a project and is exempt from the California Environmental Quality Act (CEQA) pursuant to section 15378(b)(4) of the CEQA guidelines, as it involves governmental fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.
CLIMATE IMPACTS
There are no identifiable climate impacts or climate action opportunities associated with the subject of this report.
RECOMMENDATION
Approve the Second Amendment to the Amended Employment Agreement for the City Attorney, retroactive to the first pay period in January 2025.
Respectfully submitted,
Rick Haydon, Municipal Resource Group
Financial Impact section reviewed,
Ross McCarthy, Acting Finance Director
Exhibits:
1. Employment Agreement
2. First Amendment to Employment Agreement
3. Second Amendment to Employment Agreement