01 Staff Report - Mayor to Sign Amendments on Behalf of TowntpW N 0
DATE:
TO:
FROM:
SUBJECT
MEETING DATE: 9/17107
ITEM NO.
COUNCIL AGENDA REPORT
September 13, 2007
MAYOR AND TOWN COUNCIL
RUMI PORTILLO, HUMAN RESOURCES DIRECTO
ADOPT RESOLUTION AMENDING THE AGREEMENT BETWEEN THE
TOWN OF LOS GATOS AND THE TOWN ATTORNEY AND AUTHORIZING
THE MAYOR TO SIGN AMENDMENT ON BEHALF OF TOWN
RECOMMENDATION:
Adopt resolution of the Town Council of the Town of Los Gatos amending agreement between the Town
of Los Gatos and the Town Attorney and authorizing the Mayor to sign amendment on behalf of Town.
DISCUSSION:
The Town Council approved an agreement with the Town Attorney, effective April 7, 1997, which
provides for an annual performance evaluation and possible salary adjustments. A review of the Town
Attorney's performance has been completed and the following salary adjustment is deemed appropriate:
The annual base salary shall be increased by 3%, from $166,147 to $171,132, effective June 18, 2007;
and
A performance bonus of 2% of base salary is awarded, payable as a lump sum or as a deposit to the
employee deferred compensation account.
A recent audit conducted by the Public Employees Retirement System ("PERS") recommended that the
Town Attorney's contract specify that any bonus or incentive award be paid for superior performance in
accordance with a structured evaluation plan with identified performance goals and objectives. That
would ensure that a bonus awarded to the Town Attorney be treated for retirement purposes consistent
with bonuses awarded to all other management staff, who may qualify to receive bonuses based on
similar language in the Management Compensation Plan. The attached amendment includes the
recommended language.
ENVIRONMENTAL ASSESSMENTS:
Is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
Funding for an increase in the Town Attorney's compensation is available in the FY 2007-2008 adopted
budget.
Attachment: Resolution of the Town Council of the Town of Los Gatos amending agreement between the
Town of Los Gatos and the Town Attorney and authorizing the Mayor to sign amendment on
behalf of Town
PREPARED BY: Rumi Portillo, Human Resources Director
Reviewed by: Interim Town Manager Clerk Administrator finance Community Dev
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND TOWN ATTORNEY AND
AUTHORIZING THE MAYOR TO SIGN AMENDMENT ON BEHALF OF THE TOWN OF LOS GATOS
WHEREAS, an Agreement between the Town of Los Gatos and the Town Attorney, Orry Korb,
was approved by the Town Council on April 7, 1997; and
WHEREAS, the Agreement provides that the Town Council shall evaluate the Attorney's
performance annually and may adjust the base salary or provide a one-time, lump sum payment or some
combination of both, based upon an assessment of the Attorney's performance; and
WHEREAS, after completing a review of the Town Attorney's performance between July 1, 2006
and July 1, 2007, the Town Council has determined the Town Attorney's salary will be increased by 3% from
S 166,147 to S 171,132, retroactive to June 18, 2007; and
WHEREAS, a recent audit conducted by the Public Employees Retirement System ("PERS")
recommended that the Town Attorney's contract specify that any bonus or incentive award be paid for superior
performance in accordance with a structured evaluation plan with identified performance goals and objectives.
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of
California that the Town of Los Gatos amend the Agreement with the Town Attorney (a copy of which is
attached and incorporated herein).
BE IT FURTHER RESOLVED, that the Mayor is authorized and hereby directed to execute said
Amendment to the Agreement in the name and behalf of the Town of Los Gatos.
PASSED AND ADOPTED at a meeting of the Town Council of the Town of Los Gatos,
California, held on the day of , 2007 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N'.A1MGR\AdminWorkPil&2007 Council Reports\Town Attorney 2007 Agreement Resolution.doe
AMENDMENT TO THE TOWN ATTORNEY AGREEMENT
This Amendment to Town Agreement AGR is entered into this day of
September 2007, and is effective as of June 18, 2007, by and between the Town of Los Gatos, a
municipal corporation ("Town") and Orry Korb.
RECITALS:
WHEREAS, Town and Orry Korb executed an Agreement approved on April 7, 1997;
and
WHEREAS, the Town Council evaluated Orry Korb's performance for the period
between July 1, 2006 and July 1, 2007, and determined the Town Attorney compensation shall be
adjusted.
WHEREAS, a recent audit conducted by the Public Employees Retirement System
("PERS") recommended that the Town Attorney's contract specify that any bonus or incentive
award be paid for superior performance in accordance with a structure evaluation plan with
identified performance goals and objectives to ensure that a bonus awarded to the Town Attorney
be treated for retirement purposes consistent with bonuses awarded to all other management
staff.
IT IS THEREFORE AGREED by the parties as follows:
1. Item 4 of the Agreement is amended to read as follows:
4. Compensation.
(a) Effective June 18, 2007, annual base salary shall be one hundred seventy-
one thousand one hundred thirty two dollars ($171,132) ("Base Salary"), in
installments at the same time as other employees of Town are paid; and a
performance bonus of two percent of Base Salary is awarded, payable as a
lump sum in cash or as a deposit to the employee deferred compensation
account.
(c) Any bonus or incentive award paid for superior performance shall be
awarded in accordance with a structured evaluation plan with identified
performance goals and objectives.
2. The terms and conditions of the Agreement, except as herein amended, shall remain
in full force and effect.
Town Attorney Agreement Amendment 2007-08.rtf
Amendement to the Town Attorney Contract
Effective June 18, 2007
IN WITNESS WHEREOF, the parties have executed this Amendment to the Town
Attorney Agreement on the date written above.
TOWN OF LOS GATOS
BY:
Joe Pirzynski, Mayor
BY:
Orry Korb, Town Attorney
Town Attorney Agreement Amendment 2007-08.rtf