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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 16


Meeting Date: October 10, 2006

Subject/Title: Approve Amendment Number 1 to Employment Agreement between the City of Brentwood and Damien Brower, City Attorney

Prepared by: Karen Chew, Assistant City Manager

Submitted by: Brian Swisher, Mayor


RECOMMENDATION
Approve Amendment Number 1 to the Employment Agreement between the City of Brentwood and Damien Brower, City Attorney, and authorize the Mayor to execute the same.

PREVIOUS ACTION
On May 27, 2003, the City Council adopted Resolution 2877, ratifying amendments to the Memorandum of Understanding between the City and recognized bargaining units, department heads, Brentwood Police Lieutenants and Mid-Managers for Fiscal Years 2003-2008. These amendments authorized salary adjustments for benchmark classifications based upon the eighty-fifth (85th) percentile of Brentwood’s salary survey cities (the “Policy”).

On July 12, 2005, the City of Brentwood and Damien Brower executed an employment agreement establishing Damien Brower as the Brentwood City Attorney (the “Agreement”).

On July 25, 2006, the City Council approved Amendment Number One to the Employment Agreement between the City of Brentwood and the City Manager to expressly include the City Manager within the provisions of the Policy.

BACKGROUND
Pursuant to the terms and conditions of the Agreement, the City Council conducted a performance evaluation in August, 2006. As a result of that performance evaluation, Council instructed staff to return with an amendment to the Agreement.

The amendment establishes payment to the City Attorney based on the eighty-fifth (85th) percentile of Brentwood’s survey cities. This is consistent with the policy adopted in 2003 applicable to the bargaining units and employee groups, and the amendment to the City Manager’s agreement adopted in July 2006.

Any amendments to the Citywide eighty-fifth (85th) percentile policy shall also apply to the City Manager and the City Attorney.

All other provisions of the Agreement will remain in full force and effect.

FISCAL IMPACT
Adoption of this contract amendment will require a General Fund budget increase that will be included in the mid-year budget.

Attachment:
Resolution
Amendment No. 1 to Employment Agreement
Between City of Brentwood and the City Attorney

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NUMBER ONE TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF BRENTWOOD (“CITY”) AND DAMIEN BROWER

WHEREAS, on July 12, 2005, the City and Damien Brower executed that certain agreement known as Employment Agreement between the City and Damien Brower (hereinafter “Agreement”) to provide certain employment services described in the Agreement, commencing on August 8, 2005 and continuing until terminated by either party; and

WHEREAS, the Agreement, Section 3, required an annual performance evaluation review and a discussion of the City Attorney’s overall compensation package and salary, and,

WHEREAS, in 2003, the City established a policy of paying City employees at the eighty-fifth (85th) percentile of survey cities, and

WHEREAS, in July of 2006, the City Council adopted Amendment Number One to the Employment Agreement between the City and the City Manager to include the City Manager within the provisions of the eighty-fifth (85th) percentile policy, and

WHEREAS, the parties agree to alter the Agreement to expressly include the City Attorney within the provisions of the eighty-fifth (85th) percentile policy.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood approves Amendment One to the Employment Agreement between the City of Brentwood and Damien Brower and authorizes the Mayor to execute same.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on October 10, 2006, by the following vote:





AMENDMENT NO. 1
TO EMPLOYMENT AGREEMENT BETWEEN
CITY OF BRENTWOOD AND THE CITY ATTORNEY

THIS AMENDMENT NO. 1 is entered into on _________________, 2006 and effective August 1, 2006, amending the Employment Agreement dated July 12, 2005 (the “Agreement”), by and between the City of Brentwood, a municipal corporation of the State of California (“City” or “Employer”), and Damien B. Brower, (“Employee”) (collectively, the “Parties”).

RECITALS
A. On May 27, 2003, the City Council adopted Resolution 2877 ratifying the amendments to the Memorandums of Understanding (“MOU”) between the City and recognized bargaining units, department heads, Police Lieutenants and Mid-Managers for Fiscal Years 2003-2008.

B. The MOU included a policy of paying benchmark classifications of represented employees at the eighty-fifth (85th) percentile of certain survey cities.

C. The Parties desire to alter the Agreement to include the Employee within the provisions of the eighty-fifth (85th) percentile pay policy.

NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Employee agree as follows:

1. Section 3 A (Base Salary) of the Agreement is amended in its entirety to read as follows:

“A. Base Salary.

i. Defined. Base Salary consists of the Employee’s salary plus deferred compensation.

ii. Payment. As of August 1, 2006, Employer shall pay Employee a Base Salary at the eighty-fifth (85th) percentile for City Attorneys of the following list of cities: Antioch, Benicia, Livermore, Manteca, Pittsburg, Pleasant Hill, Pleasanton, Tracy, and Vacaville (“Survey Cities”). The City Attorney pay scale shall be adjusted to reflect the eighty-fifth (85th) percentile for City Attorneys of the Survey Cities. The salary will be set at Step A of the adjusted City Attorney pay scale and paid in installments at the same time that the other management employees of Employer are paid.

To calculate the eighty-fifth (85th) percentile, salary and deferred compensation amounts will be added together and the eighty-fifth (85th) percentile determined from those total amounts. For the purposes of calculating the eighty-fifth (85th) percentile, if a position is vacant in a Survey City, the rate that will be used will be that of the last filled position.

On February 1, 2007, Employer shall provide Employee an increase to Step B of the adjusted City Attorney pay scale. Additional Step increases will be considered as part of Section 12 (Performance Evaluation) on an annual basis thereafter until the attainment of Step E.

iii. Distribution of Base Salary. Employee can distribute his Base Salary between salary and deferred compensation as he chooses, so long as such distribution conforms to all applicable State and Federal laws and regulations.”

2. Section 3 D of the Agreement is amended in its entirety to read as follows:

“D. Reserved.”

3. Section 6 B of the Agreement is amended in its entirety to read as follows:

“B. Employee shall be allowed to participate in the City’s deferred compensation plan.”

4. Section 12 of the Agreement is amended in its entirety to read as follows:

“Section 12: Performance Evaluation

A. Annual Review. Employer’s City Council (“City Council”) shall annually review and complete a performance evaluation of Employee no later than July 1 of each year. Should a majority of the City Council determine that Employee’s performance meets standards, then the City’s Human Resource Director is authorized to adjust the Base Salary in the manner described in Section 3 A to match the then eighty-fifth (85th) percentile for City Attorneys of the Survey Cities as of July 1 of the then current year. Should the City Council not complete an evaluation by July 1 of a given year, then the Employee’s performance for the prior year will be deemed to meet the performance standards for the purposes of this section and the Base Salary will be adjusted as described in this section. The City Council will consider additional Step increases on the adjusted City Attorney pay scale as part of the annual review process until the attainment of Step E. In addition to these provisions, the Employer may adjust other elements of Employee’s compensation package following the performance evaluation.

B. City Council Policy Amendments. Any amendments to the Citywide eighty-fifth (85th) percentile policy (the “Policy”) shall also apply to Employee. Should the City Council repeal the Policy for all City employees, then prior to July 1 of the year that the Policy is repealed, the Employee and Employer shall negotiate any adjustments to Employee’s base salary and compensation package.”

5. All other provisions of the Agreement will remain in full force and effect.

CITY OF BRENTWOOD EMPLOYEE



Brian Swisher, Mayor Damien B. Brower

ATTEST:


Margaret Wimberly, City Clerk
 

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