HomeMy WebLinkAboutResolution 2017-143 N.C.S. 09/18/2017Resolution No. 2017 -143 N.C.S.
of the City of Petaluma, California
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA
APPROVING THE FIRST AMENDMENT TO THE FIRST RESTATED AT -WILL
AGREEMENT FOR EMPLOYMENT OF CITY ATTORNEY AND AUTHORIZING
THE MAYOR TO EXECUTE THE AGREEMENT
WHEREAS, CITY and City Attorney (the Parties) entered into an At -Will Agreement
(Agreement) for Employment of City Attorney dated July 1, 2013; and,
WHEREAS, the Agreement has been restated one time, to: increase annual
Compensation; provide for reduction of annual sell -back of unused administrative leave; and to
establish an expiration date for the term of the Agreement; and
WHEREAS, the Parties desire to amend the Agreement to require the City Attorney to
pick -up a three (3) percent share of the City's cost of PERS retirement benefits, and to increase
the Attorney's base wage by three (3) percent, to $198,707.60; and
WHEREAS, the PERS pick -up and base wage adjustment shall only be effective upon
adoption of a contract amendment with Ca1PERS; and
WHEREAS, the City Council and City Attorney Eric Danly agree to the changes in the
terms of Employment, Compensation, and Benefits relating to the position of City Attorney as
set forth in the First Amendment to the First Restated At -Will Agreement for Employment of
City Attorney attached and incorporated herein as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Petaluma hereby approves the First Amendment to the First Restated At -Will Agreement for
Employment of City Attorney, attached as Exhibit A and incorporated herein by reference.
BE IT FURTHER RESOLVED that the City Council of the City of Petaluma hereby
authorizes the Mayor to execute said Amendment.
Under the power and authority conferred upon this Council by the Charter of said City
Resolution No. 2017 -143 N.C.S.
Page 1
EXHIBIT A
FIRST AMENDMENT TO THE FIRST RESTATED AT -WILL
AGREEMENT FOR EMPLOYMENT OF CITY ATTORNEY
This Amendment is made and entered into this day of September 2017, by and between the City
of Petaluma, California, a charter city, ( "the CITY ") and Eric Danly ( "City Attorney "). The City and the
City Attorney do hereby agree to amend the First Restated At -Will Agreement for Employment of City
Attorney ( "Agreement ") in accordance with the following:
Paragraph (a) of Section 5, "Compensation," is amended to read as follows:
5. Compensation:
a. The City agrees to pay City Attorney an annual base salary of $192,920.00, payable in
installments at the same time that the other employees of the CITY are paid. Effective the first
payroll following the adoption of a contract amendment with CalPERS and concurrent with City
Attorney paying an additional three percent (3 %) towards PERS retirement, City Attorney shall
receive a 3% base wage increase and shall be paid an annual base salary of $198,707.60.
2. Section 11, "Retirement," is amended to read as follows:
H. Retirement:
a. City has previously enrolled City Attorney into the California Public Retirement System
(PERS). City agrees to make all the appropriate contributions on City Attorney's behalf, for the
employer share_ required, and to contribute on behalf of City Attorney seven percent (7 %) of
City Attorney's base salary in accordance with Section 5 of the Agreement, as amended from
time to time, into the City of Petaluma 401 (A) Government Money Purchase Plan and Trust. City
Attorney shall pay the entire contribution for the PERS employee share required. Effective the
first payroll following the adoption of a contract amendment with CalPERS, City Attorney shall
pay an additional three percent (3 %) towards PERS retirement. The parties shall work
collaboratively to expedite formal adoption of a contract amendment with CalPERS to reflect
this cost - sharing agreement under which the employee is paying a portion of the employer
contribution to PERS.
Except as otherwise amended hereby, all other terms of the Agreement remain unchanged and in full
force and effect.
CITY ATTORNEY
By:
Eric Danly, City Attorney
DATED:
ATTEST:
Claire Cooper, City Clerk
CITY
By:
David Glass, Mayor
DATED:
Resolution No. 2017 -143 N.C.S. Page 2
APPROVED AS TO FORM:
Lisa Tennenbaum
Assistant City Attorney
Resolution No. 2017 -143 N.C.S. Page 3