Staff Report.Amendment to TA Agreement
PREPARED BY: Lisa Velasco
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: 11/16/2021 ITEM NO: 18
DATE: November 10, 2021
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
RECOMMENDATION:
Approve an amendment to the Employment Agreement (Attachment 1) between the Town of
Los Gatos and the Town Attorney.
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. In accordance with the agreement
terms for Town Attorney Robert Schultz, the Town Council completed the evaluation for his
eighth year in the position, from December 2020 through December 2021.
The discussion of the performance review was conducted in Closed Session meetings that took
place on October 5, October 19, and November 1. Based upon the satisfactory completion of
PAGE 2 OF 2 SUBJECT: Approve an Amendment to the Town Attorney Employment Agreement DATE: November 10, 2021
DISCUSSION (continued):
the performance review, Council authorized a two-percent (2%) salary increase, which is
equivalent to a new salary of $249,900 annually. The performance review and salary increase
authorization is based on past performance and occurred prior to the resignation notice
provided by the Town Attorney. The salary increase is authorized to be effective in the pay
period that includes October 1, 2021.
The Employment Agreement also provides authorization for the Town Attorney to receive the
same benefits as Town Management employees. Pending receipt of Council authority to
provide an additional one-time eight (8) hour floating holiday (not subject to cash out) to be
used by June 30, 2022 for unrepresented Management employees, the same holiday should be
provided to the Town Attorney.
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 two-percent (2%) to
$249,900 annually, effective in the pay period that includes October 1, 2021. Pending receipt
of Council authority to provide a floating holiday to unrepresented Management employees,
the same holiday should be provided to the Town Attorney.
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 FY
2021/22 Operating Budget forecast included an anticipation of increases in Town salaries and
benefits, therefore, a budget adjustment is not necessary. The anticipated impact for the
remainder of the 2021/22 is $4,937.
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