DATE: January 8, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Human Resources Department
TITLE: RESOLUTION APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF OCEANSIDE AND TED S. BURKE JR.
RECOMMENDATION
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Staff recommends that the City Council adopt a resolution approving an employment agreement between the City of Oceanside and Ted S. Burke Jr., to serve as City Attorney.
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BACKGROUND AND ANALYSIS
The proposed employment agreement is intended to define and clarify the terms and conditions of the City Attorney’s employment with the City. The principal features of the agreement are as follows:
1. Consistent with the provisions of Government Code Section 36506 the term of the employment is at will and “during the pleasure of the City Council.” The agreement clearly states that Mr. Burke Jr., has no property right in the job and no expectancy of any particular duration of employment.
2. The agreement establishes the annual base salary for the City Attorney at the rate of $275,000. In addition, the agreement also specifies the negotiated fringe benefits, including a car allowance of $500 per month.
3. The law requires that the compensation of a city attorney be established by resolution adopted at a public meeting.
The agreement has been approved and executed by Mr. Burke Jr.
COMMISSION OR COMMITTEE REPORT
Does not apply.
CITY ATTORNEY’S ANALYSIS
The employment agreement and resolution have been reviewed by the former City Attorney, Mr. John Mullen, and approved as to form.
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Prepared by: Robert O’Brien, Deputy City Manager
Submitted by: Jonathan Borrego, City Manager
ATTACHMENTS:
1. Staff Report
2. Resolution and Employment Agreement