HomeMy WebLinkAboutAgr 2008-02-07 (Town Attorney)
Sacramento
555 Capitol Mall
9th Floor
Sacramento CA
95814-4692
tel 916.444.3900
toll free 800.403.3900
fax 916.444.8334
Oakland
1901 Harrison Street
9th Floor
Oakland CA
94612-3501
tel 510.273.8780
toll free 800.339.3030
fax 510.839.9104
Yuba City
422 Century Park Drive
Suite A
Yuba City CA
95991-5729
tel 530.674.9761
fax 530.671.0990
www.mhalaw.com
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McDonough Holland & Allen PC
Attorneys at Law
January 25, 2008
VIA CALIFORNIA OVERNIGHT
Diane Crane Iacopi
Town Clerk
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
Re: Third Amendment to Town Attorney Agreement
Dear Diane:
cc:
Thomas R. Curry
Attorney at Law
Oakland Office
510.273.8780 tel
510.839.9104 fax
tcurry@mhalaw.com
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TOWN CLERK
TOWN OF TIBURON
As requested, I have reviewed and signed the contract between the Town and its
Town Attorney. Hope things are going well with you.
Very truly yours,
TRC:ses
Enclosure
1070561 v 1 29146/0002
THIRD AMENDMENT TO TOWN ATTORNEY'S
EMPLOYMENT AGREEMENT
This AMENDMENT TO THE TOWN ATTORNEY'S EMPLOYMENT
AGREEMENT ("Amendment") is effective as of February 7,2067, by and between The Town of
Tiburon ("Town") and Ann R. Danforth ("Employee").
RECITALS
A. On December 15, 1995, the Town and Employee entered into a letter agreement
("Original Agreement") that retained Employee as Town Attorney for the Town,
beginning on January 22,1996. Employee has ably served as the Town Attorney since
that date. On March 18,1998, the Town and Employee amended the Original Agreement
by a memorandum providing for Employee's continuing as Town Attorney on a seventy-
five percent work schedule on an indefinite basis.
B. Effectively July 1, 2001, the parties entered into a new agreement that superceded and
replaced the Original Agreement and amendment ("Attorney's Agreement"). The parties
subsequently amended the Attorney's Agreement on November 16,2005 and on February 7,
2007.
C. The Town Council has conducted its 2007 performance evaluation of Employee as set forth
and is well satisfied with Employee's Performance. The Council finds that the Employee
has demonstrated legal and management skills that compare favorably to persons holding
similar positions in similar agencies.
D. The Town's policy is to offer compensation packages that are competitive with similar
employers for similar positions so as to maintain the highest quality staff to serve the public.
To continue to maintain a competitive compensation package for Employee so as to retain
Employee as Town Attorney, the Council has decided to further modify the Employee's
Agreement and compensation as set forth in this Amendment and Employee has agreed to
such modification. The Town Council accordingly has authorized the Town Manager to
execute this Agreement on behalf of the Town.
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE RECITALS AND
OF THE MUTUAL PROMISES AND CONDITIONS OF THIS AGREEMENT, IT IS
AGREED AS FOLLOWS:
1. Base Salary. Section 4.1 of the Attorney's Agreement is amended to read as follows:
Town Attorney, Am. To Employment Ag., 2-07-07
1
4.1 Base Salary. Employee shall receive a base salary of One
Hundred, Fifty-Four Thousand, Seven Hundred and Fifty-Two
Dollars ($154,752) per year. Consistent with the Town's practice,
this salary shall be retroactive to July 1, 2007, the beginning of the
fiscal year.
2. Attornev's Aereement Otherwise Unchaneed. Except as expressly modified by this
Amendment, and the previous amendments described herein, the Attorney's Agreement
between the Town and Employee shall remain in full force and effect.
IN WITNESS WHEREOF, this Amendment to the Attorney's Agreement shall be
effective as of the day and year written above.
Dated:
!-z(-or
THE TOWN OF TIBURON:
By: V/~(LuLA---
Margaret CUff
Manager, Town ofTiburon
APPROVED AS TO FORM
T~~MC~'
Allen ouPJ-
Acting Town Attorney
Holland &
EMPLOYEE
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Ann R. Danforth
Town Attorney, Am. To Employment Ag., 2-07-07
2
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
T own Council Meeting
] anuary 16, 2008
Agenda I tern: /'/ ( __ l-:!
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STAFF REPORT
To:
Mayor and Members of the Town Council
From:
Office of the Town Manager
Reviewed By:
Recommendation to Approve the Third Amendment to the Employment
~~ of the Town Attorney
Subject:
BACKGROUND
On December 5, 2007 the Town Council met in closed session to conduct its annual evaluation of
the Town Attorney. The Mayor subsequently worked with the Town Attorney and Town
Manager to determine an appropriate adjustment to her salary to reflect her continued excellent
service to the Town.
FINANCIAL IMP ACT
The Town Attorney works a part-time schedule of approximately 26 hours per week (75% of a 35
hour work week). Her contract provides that while she works on this schedule, she shall receive
750,,10 of her base salary, which is presently $144, 600. Given the Town Attorney's 75% status,
the proposed adjustment would provide a 70,,10 increase of her annual salary, taking it from its
current level of $1 08, 450 to $116, 041. This increase is recommended in order to bring her
salary more in line with city and town attorneys serving in similar capacities in other cities as
well as to recognize the quality of her work on behalf of the Town. This increase can be
absorbed within the Administrative Services Department budget.
RECOMMENDATION
Staff recommends that the Town Council:
Approve the proposed amendment to the Town Attorney's contract as provided in the
attached draft.
Exhibits:
Amendment 3 to Employment Contract
Prepared By:
Peggy Curran, Town Manager