Staff Report.Amendment to TA Agreement
PREPARED BY: Salina Flores
Human Resources Director
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/06/2022 ITEM NO: 10
DATE: November 15, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Approve an Amendment to the Employment Agreement Between the Town
of Los Gatos and the Town Attorney, and Authorize Salary and Benefits
Budget Adjustments in the Amount of $3,872 from Available General Fund
Capital/Special Projects Reserve.
RECOMMENDATION:
Approve an Amendment to the employment agreement (Attachment 1) between the Town of
Los Gatos and the Town Attorney and authorize salary and benefits budget adjustments in the
amount of $3,872 from available General Fund Capital/Special Projects Reserve.
BACKGROUND:
As an appointee of the Town Council, the Town Attorney is employed under an Employment
Agreement (Attachment 2) specifying the terms and conditions of employment. The terms and
conditions of employment include items such as base pay, basic and optional benefits, covered
expenses, parameters for an annual performance review, and conditions for
termination/severability. Senate Bill 1436 requires an oral summary at a Council meeting when
a recommendation is made related to modifying the salary, salary schedule, or fringe benefits
of any person employed under an Employment Agreement with a local agency.
DISCUSSION:
As outlined in the Employment Agreement, the Town Attorney’s performance and
compensation is reviewed annually in conjunction with a performance evaluation. The review
of the Employment Agreement is conducted to ensure legal compliance and to provide for any
adjustments in the terms and conditions of employment.
PAGE 2 OF 2 SUBJECT: Approve an Amendment to the Employment Agreement Between the Town of Los Gatos and the Town Attorney, and Authorize Salary and Benefits Budget Adjustments in the Amount of $3,872 from Available General Fund Capital/Special Projects Reserve DATE: November 15, 2022
DISCUSSION (Continued):
In accordance with the agreement terms for Town Attorney Gabrielle Whelan, the Town
Council completed the evaluation for her first six months in the position, from May 2022
through November 2022.
The discussion of the performance review was conducted in Closed Session meetings that took
place on September 6, October 18, and November 1. Based upon the satisfactory completion
of the performance review, Council authorized a one and a half percent (1.5%) salary increase,
which is equivalent to a new salary of $253,649 annually. The salary increase is authorized to
be effective in the pay period that includes November 15, 2022. The Town Attorney would also
have the new Council adopted Juneteenth holiday.
CONCLUSION:
Based upon the satisfactory completion of the performance review in Closed Session, it is
recommended that the Town Attorney’s annual base salary increase one and a half percent
(1.5%) to $253,649 annually, effective in the pay period that includes November 15, 2022.
FISCAL IMPACT:
Funding to support the Town Attorney’s salary and benefits is authorized in the annual budget
each fiscal year along with all other Town employee compensation and benefits. The
anticipated fiscal impact for the remainder of the fiscal year is $3,872. The requested budget
adjustment in the amount of $3,872 from available General Fund Capital/Special Project
Reserve will provide funding for the additional salary and benefit cost for Fiscal Year (FY)
2022/23. Funding to support the FY 2023/24 ongoing cost each year will be incorporated into
the proposed future year budgets for Council approval.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Amendment to the Employment Agreement – Town Attorney
2. Employment Agreement - Town Attorney
3. Salary Schedule for Town Council and Management