REPORT TO COUNCIL
SUBJECT
Title
Approve the Appointment of the City Attorney and Approve the Employment Agreement
Report
BACKGROUND
The City Council started the recruitment and selection process in December 2023 to seek a new City Attorney to replace outgoing City Attorney, John Nagel. The process has now concluded, and the City Council is asked: 1) to appoint a specific City Attorney candidate, and 2) to approve an employment agreement for services which outlines the compensation and terms of employment.
EXISTING POLICY
City of Sunnyvale City Charter Section 900 provides that the City Attorney shall be appointed by the City Council. Entering into a contract is consistent with City of Sunnyvale Charter Section 900.
ENVIRONMENTAL REVIEW
Appointment of a City Attorney is not a “project” with the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
DISCUSSION
The City Council retained Peckham & McKenney to manage the recruitment and selection process for the City Attorney position. The application deadline was March 17, 2024 and interviews with the most qualified candidates were conducted on April 18, 2024. From this interview process the City Council determined to move forward with the background check for a current City employee and the current Interim City Attorney, Rebecca Moon.
Discussions regarding terms and conditions of employment were completed with the final candidate resulting in the attached employment agreement.
FISCAL IMPACT
The current funding budgeted for the City Attorney position will cover the compensation costs detailed in the employment agreement.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the NOVA Workforce Services reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
ALTERNATIVES
ACTION #1: APPOINTMENT OF THE CITY ATTORNEY
1. Appoint Rebecca Moon as City Attorney.
2. Do not appoint Rebecca Moon as City Attorney and direct staff on further action.
ACTION #2: APPROVAL OF THE EMPLOYMENT AGREEMENT
3. Approve an employment agreement with Rebecca Moon as outlined in Attachment 1 to the report and authorize the Mayor to execute the agreement.
4. Approve a revised employment agreement with Rebecca Moon as determined by a majority of the City Council and authorize the Mayor to execute the revised agreement.
STAFF RECOMMENDATION
Recommendation
Staff makes no recommendation. This report is developed to facilitate conversation for the public hearing and action by the City Council.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $250 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
A check or “Y” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract
_x_ Labor or personal employment contract
___ General policy and legislative actions
Staff
Prepared by: Tina Murphy, Director of Human Resources
Reviewed and Approved by: Sarah Johnson-Rios, Acting City Manager
ATTACHMENTS
1. City Attorney Employment Agreement