Title
Recommendation to Approve Agreement Appointing Yibin Shen as City Attorney Effective May 13, 2019. (Human Resources 2510)
Body
To: Honorable Mayor and Members of the City Council
From: Eric Levitt, City Manager
EXECUTIVE SUMMARY
On March 19, 2019, the City Council unanimously approved appointing Yibin Shen as City Attorney. This appointment was done at a special meeting that had been posted on the regular City Council meeting agenda. An employment contract containing the terms of that appointment including salary and other forms of compensation was approved along with the appointment. Subsequent to the contract being approved, the City determined that the employment contract summary needs to be orally read at the meeting and is placing on the agenda to meet this provision in full compliance with Government Code Sections 54953(c)(3) and 54956(b).
Approval of an employment contract detailing salary and compensation can only be approved as part of a regular meeting and must include an oral report with a summary of the salary or compensation paid in the form of fringe benefits during the open meeting in which the final action is to be taken.
As a result, staff is requesting the City Council to consider the appointment of Mr. Shen again. This will assure the appointment is fully compliant with all requirements set forth in Government Code.
BACKGROUND
In October 2018, the City of Alameda (City) entered into a contract with Roberts Consulting for the recruitment of a new City Attorney. A recruitment strategy was developed and the recruitment was opened at the end of October 2018. A total of 15 applications were received. The top four candidates were invited to interview with the City Council. At the conclusion of the interviews, Mr. Shen was identified as the top candidate.
Mr. Shen is currently the Chief Deputy City Attorney for the City of Santa Monica. In his role as Chief Deputy City Attorney for the City of Santa Monica, Mr. Shen oversees the Code Enforcement and Municipal Divisions, supervises ten attorneys and five support staff, leads the City’s regulatory prosecutorial efforts, and provides legal advice on a wide range of topics, including First Amendment, tenant protections, law enforcement, homelessness, land use, environmental protection, sustainability, conflicts, and the Brown Act. Prior to working for the City of Santa Monica, Mr. Shen worked in private practice.
DISCUSSION
Staff is recommending the City Council approve the proposed employment agreement, a copy of which is attached.
The proposed agreement includes:
• An annual salary of $247,000
• A contribution to deferred compensation of $6,000 annually
• A relocation allowance of $16,000
• A transportation allowance of $500 a month
• Other benefits including health insurance, leave accruals and holiday pay
Mr. Shen will start with the City on May 13, 2019.
FINANCIAL IMPACT
Sufficient funds for this position are available in the City Attorney’s Department budget in the General Fund. No additional funds are required in Fiscal Year 2018-19. The full compensation will be included in the upcoming biennial Budget.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is in conformance with the Alameda Municipal Code and all policy documents.
ENVIRONMENTAL REVIEW
This activity is not a project and is exempt from the California Environmental Quality Act (CEQA) pursuant to section 15378(b)(4) of the CEQA Guidelines
RECOMMENDATION
Approve agreement appointing Yibin Shen as City Attorney.
Respectfully submitted,
Nancy Bronstein, Human Resources Director
Financial Impact session reviewed,
Elena Adair, Finance Director
Exhibit:
1. Contract