Title
Recommendation to Approve Amended Employment Agreement for the City Attorney. (Human Resources 2510)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
On June 15, 2021, the City Council conducted the annual evaluation of City Attorney Yibin Shen. As part of the evaluation, the City Council authorized certain modifications to the City Attorney’s employment agreement, including: 1) aligning cost of living adjustments to be consistent with the rest of the City of Alameda’s (City) executive management team; 2) permitting maximum vacation accrual at 600 hours, and permitting annual cash out of 80 hours of unused vacation after the City Attorney first takes 80 hours of vacation within 12 months prior.
BACKGROUND
Mr. Shen has been the City Attorney since May 2019. 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 updating and modification as part of the annual review process. The City Council completed the City Attorney’s annual evaluation during its June 15, 2021 City Council Meeting.
DISCUSSION
As part of the City Attorney’s June 15, 2021 evaluation, the City Council directed the following amendments to the City Attorney’s employment agreement:
1. Effective July 1, 2021, the City Attorney’s annual cost of living adjustment, if any, will be provided in the same manner as provided to the rest of the City’s executive management team.
2. Effective July 1, 2021, the City Attorney’s maximum vacation accrual will be increased from 400 hours to 600 hours.
3. On an annual basis, the City Attorney will be permitted to cash 80 hours of unused vacation time, after first taking 80 hours of vacation time in the previous 12 months.
Human Resources staff prepared appropriate amendments to the City Attorney’s employment agreement and it is now presented to the City Council for final 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 2021-22.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is consistent with the Alameda Municipal Code.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment. This action is not a project pursuant to Public Resources Code section 21065 and CEQA Guidelines section 15378.
CLIMATE IMPACT
There are no identifiable climate impacts or climate action opportunities associated with the subject of this report.
RECOMMENDATION
Approve Amended Employment Agreement for City Attorney Yibin Shen.
Respectfully submitted,
Nancy Bronstein, Human Resources Director
Financial Impact section reviewed,
Annie To, Finance Director
Exhibit:
1. City Attorney Employment Agreement