City Council Report 915 I Street, 1 st Floor Sacramento, CA
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1 City Council Report 915 I Street, 1 st Floor Sacramento, CA File ID: March 6, 2018 Discussion Item 19 Title: City Attorney Appointment and Contract Location: Citywide Recommendation: Pass a Resolution: 1) appointing the City Attorney; 2) setting the City Attorney s compensation, and 3) approving the City Attorney contract. Contact: Shelley Banks-Robinson, Interim Director, (916) , Department of Human Resources Presenter: Shelley Banks-Robinson, Interim Director, (916) , Department of Human Resources Attachments: 1-Description/Analysis 2-Resolution 3-Contract Matthew Ruyak, Interim City Attorney Mindy Cuppy, City Clerk John Colville, City Treasurer Howard Chan, City Manager Page 1 of 10
2 File ID: Discussion Item 19 Description/Analysis Issue Detail: Effective September 2, 2017, the City Council appointed Matthew Ruyak, Interim City Attorney. Mr. Ruyak was to serve as Interim City Attorney until a recruitment for a permanent City Attorney was completed. The executive search process is completed and the City Council has made a selection. Policy Considerations: The City Council alone is vested with the authority to appoint a City Attorney and establish the salary associated with the position. Economic Impacts: None Environmental Considerations: Under the California Environmental Quality Act (CEQA) guidelines, continuing administrative activities do not constitute a project and are therefore exempt from review. Sustainability: Not applicable Commission/Committee Action: None Rationale for Recommendation: The existing City Attorney position has been vacant since September Since that time, the position was filled by the Interim City Attorney. After an extensive recruitment and interview process, the City Council has selected Susana Alcala Wood as the preferred candidate for City Attorney for the City of Sacramento. Financial Considerations: The City Attorney position is an existing budgeted full-time equivalent position and funding is available in the current budget for the City Attorney s Office. Ms. Alcala Wood s annual salary will be $249,961 which is within the City s current salary schedule pay range of $177,350-$266,025. Ms. Alcala Wood s benefit package is the same as for other charter officers and management employees. Local Business Enterprise (LBE): Not Applicable Background: On June 23, 2015, after a competitive RFP process for Executive Recruitment Services (P ), Council approved Ralph Andersen as one of four firms to conduct as needed executive recruitments for the City of Sacramento. The agreement with Ralph Andersen was then brought back to council again on September 6, 2016, and January 9, 2018, for approval to increase that contract to a total not to exceed of $200,000. The cost for nationwide executive recruitment for City Attorney was approved for an amount not to exceed $32,500. City of Sacramento March 6, 2018 powered by Legistar Page 2 of 10
3 File ID: Discussion Item 19 The recruitment process for the City Attorney was aggressive and comprehensive and included advertising in government and management publications and websites. A brochure prepared in collaboration with the City was distributed to referral sources and potential candidates via and mailings. Personal contacts were made with strong potential candidates. The response to the recruitment process was good and included candidates with a variety of relevant backgrounds. The City Council ultimately interviewed 6 candidates and asked 2 to return for further discussions. The Consultant conducted reference checks on the preferred candidate (Susana Alcala Wood) where they spoke directly with his supervisors, subordinates, colleagues/peers to assess her skills/abilities from those she had worked closely with. Contacts were made with references from both her current position (Assistant City Attorney for City of Stockton), and from her past positions (City Attorney for City of Modesto and Supervising Deputy City Attorney for City of Sacramento) and included supervisors (elected officials, board members, etc.) and those who have reported directly to Ms. Alcala Wood, both past and present. Impressions received from this broad array of references were shared with Mayor/Council. Additionally, a background check was conducted (through Ralph Andersen & Associates and an independent third party to facilitate background screening) to include the candidate s credit history, criminal/civil court searches, driving record, verification of education, and Lexis-Nexis newspaper article search. According to the Consultant, the recruitment process used is a typical process employed by cities in California in conducting executive recruitments for City Attorneys particularly in large, urban cities. On March 19, 2018, the City Council is appointing Susan Alcala Wood as City Attorney of the City of Sacramento. The City Council agreed to memorialize Ms. Alcala Wood s employment terms with a contract. The City of Sacramento has entered into employment agreements with prior City Attorneys; however, it is common practice among cities, counties and special districts. The term of the contract is three years and includes a severance clause which provides for payment of six months salary and medical benefits (COBRA) in the event it is exercised. City of Sacramento March 6, 2018 powered by Legistar Page 3 of 10
4 RESOLUTION NO. Adopted by the Sacramento City Council March 6, 2018 City Attorney Appointment BACKGROUND A. On February 13, 2018, the City Council of the City of Sacramento appointed Susana Alcala Wood as City Attorney; and B. The City Council is charged with setting the level of compensation for Charter Officers, including the City Attorney. BASED ON THE FACTS SET FOR IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS: Section 1. Section 2. Section 3. Effective March 19, 2018, Susana Alcala Wood is appointed as the City Attorney of the City of Sacramento. Effective March 19, 2018, the salary of the City Attorney of the City of Sacramento is $249,961 per year. The Employment Agreement (City Attorney) between Susan Alcala Wood and the City of Sacramento, attached as Exhibit A, is approved. The Mayor is authorized to sign the agreement on behalf of the City. Page 4 of 10
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10 13. Notices. Notices pursuant to this Agreement shall be given by depositing such notice in the custody of the United States postal service, postage prepaid, addressed as follows: To City: City Clerk, City of Sacramento 915 I Street Sacramento, CA To Employee: Susana Alcala Wood Alternatively, any notice required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice at the date such notice is given. Notice shall be deemed given as of the date of personal service or on the third day after deposit of such written notice with the United States postal service. The parties have executed this Agreement the day and year first written above. CITY OF SACRAMENTO By: Darrell Steinberg, Mayor Attest: Mindy Cuppy City Clerk Page 5 of 5 Page 10 of 10
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