Title
Recommendation to Approve First Amendment to the City’s Attorney Employment Agreement Granting Three Additional Administrative Leave Days Consistent with the Same Being Previously Granted to Other Executive Management Employees. (Human Resources 10023040)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
The City Attorney currently operates pursuant to an employment agreement dated June 19, 2022 setting forth terms and conditions of employment. On November 15, 2022, the City Council approved amendments to the Executive Management Compensation (EXME) Plan which granted three additional Administrative Leave days to EXME members, consistent with the same being granted to other bargaining groups, including Management and Confidential Employees Association (MCEA) and Electric Utility Professionals of Alameda (EUPA). As indicated in the November 15, 2022 Staff Report, because the City Attorney is not a member of EXME, the City Council must take separate affirmative action to grant the same benefit to the City Attorney. City Council indicated a desire to do so during its evaluation of the City Attorney on October 3, 2023.
BACKGROUND
The City Attorney currently operates pursuant to an employment agreement dated June 19, 2022 setting forth terms and conditions of employment. On November 15, 2022, the City Council approved amendments to the EXME Plan which granted three additional Administrative Leave days to EXME members, consistent with the same being granted to other bargaining groups, including MCEA and EUPA. While the City Attorney receives many of the same benefits granted to EXME members (e.g., medical, dental and PERS retirement benefits), because the City Attorney is not a member of EXME, the Council must take separate affirmative action to grant the same leave benefit to the City Attorney.
DISCUSSION
During the City Council’s evaluation of the City Attorney on October 3, 2023, City Council expressed a desire to grant the same leave benefit to the City Attorney, which was previously granted to EXME members on November 15, 2022. Staff now presents the attached First Amendment to Employment Agreement to effectuate City Council’s direction.
ALTERNATIVES
• Approve First Amendment to the City’s Attorney Employment Agreement.
• Modify the First Amendment to the City’s Attorney Employment Agreement.
FINANCIAL IMPACT
Funds for this position are already included in the City Attorney’s department budget. No additional funds are required in Fiscal Year 2023-24.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is consistent with the City of Alameda’s policies and Alameda Municipal Code.
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, because it involves the governmental fiscal activities which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.
CLIMATE IMPACT
There are no identifiable climate impacts or climate action opportunities associated with the subject of this report.
RECOMMENDATION
Approve First Amendment to the City’s Attorney Employment Agreement granting three additional administrative leave days consistent with the same being previously granted to other executive management employees.
Respectfully submitted,
Jessica Romeo, Human Resources Director
Financial Impact section reviewed,
Margaret O’Brien, Finance Director
Exhibits:
1. City Attorney Employment Agreement
2. First Amendment to Employment Agreement