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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 19


Meeting Date: June 12, 2007

Subject/Title: Amendment Number 2 to Employment Agreement between the City of Brentwood and Damien Brower, City Attorney

Prepared by: Karen Chew, Assistant City Manager

Submitted by: Robert Taylor, Mayor


RECOMMENDATION
Adopt a resolution approving, and authorizing the Mayor to execute, Amendment Number 2 to the Employment Agreement between the City of Brentwood and Damien Brower, City Attorney.

PREVIOUS ACTION
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 October 10, 2006, the City Council approved Amendment Number One to the Employment Agreement between the City of Brentwood and the City Attorney to establish payment of salary to the City Attorney based on the eighty-fifth (85th) percentile of Brentwood’s survey cities effective July 1 2006 and to provide for an adjustment from Step A of the salary range to Step B on February 1, 2007.

BACKGROUND
Pursuant to the terms and conditions of the Agreement, the City Council conducted a performance evaluation in May, 2007. As a result of that performance evaluation, Council found that the City Attorney met performance standards and instructed staff to return with an amendment to the Agreement.

The amendment provides for an increase from Step B to Step C of the City Attorney salary range effective February 1, 2008.

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

FISCAL IMPACT
This salary increase effective February 1, 2008 has been included in the budget.

Attachments:
Resolution
Amendment No. 2 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 TWO TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF BRENTWOOD (“CITY”) AND DAMIEN BROWER (“CITY ATTORNEY”)

WHEREAS, on July 12, 2005, the City and City Attorney executed that certain agreement known as Employment Agreement between the City and City Attorney (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, on October 10, 2006, the City and City Attorney executed Amendment Number 1 to the Agreement to expressly include the City Attorney within the provisions of the eighty-fifth (85th) percentile policy for employee compensation; and

WHEREAS, Section 12 of the Agreement, as amended, requires an annual performance evaluation review and a discussion of the City Attorney’s overall compensation package and salary, and

WHEREAS, the City Council has met and completed a performance evaluation of the City Attorney pursuant to Section 12 of the Agreement, found that the City Attorney met performance standards and desires to amend the Agreement to provide for a salary adjustment from Step B to Step C of the City Attorney salary range effective February 1, 2008.

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

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on June 12, 2007, by the following vote:





AMENDMENT NO. 2
TO EMPLOYMENT AGREEMENT BETWEEN
CITY OF BRENTWOOD AND THE CITY ATTORNEY

THIS AMENDMENT NO. 2 is entered into on _________________, 2007 and amends 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 October 10, 2006, the parties executed Amendment No. 1 to the Agreement to expressly include the Employee within the provisions of the City’s eighty-fifth (85th) percentile policy for employee compensation.

B. Section 12 of the Agreement, as amended, requires an annual performance evaluation review and a discussion of the Employee’s overall compensation package and salary.

C. The City Council has met and completed a performance evaluation of Employee pursuant to Section 12 of the Agreement, found that Employee met performance standards and desires to amend the Agreement as it relates to Employee’s Compensation.

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

1. That the third paragraph of Section 3 A ii of the Agreement is amended in its entirety to read as follows:

“On February 1, 2008, Employer shall provide Employee an increase to Step C of the adjusted City Attorney pay scale. Additional Step increases will be considered as part of Section 12 (Performance Evaluation) on an annual basis until the attainment of Step E.”

2. This Amendment No. 2 shall be effective as of February 1, 2008.

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



CITY OF BRENTWOOD EMPLOYEE



Robert Taylor, Mayor Damien B. Brower

ATTEST:


Margaret Wimberly, City Clerk
 

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