City Attorney Performance Evaluation Committee

City Attorney Evaluation Committee City Hall – Conference Room 302A 10 N. Division Street Wednesday, September 27, 2011 1:30 P.M. Commissioners Present: Mayor Susan Baldwin, Comm. Sullivan and Comm. Fulton Commissioners Absent: None Others Present: Eileen Wicklund and Susan Bedsole Call to Order: The meeting was called to order at 1:37 P.M. Public Comment: There was none. Minutes: Comm. Sullivan moved for the approval of the September 7 and September 19, 2011, meetings, Comm. Fulton supported. All yes, motion carried. Discussion: Mayor Baldwin indicated the committee needed to review all of the information presented and make a recommendation to the City Commission. Comm. Sullivan responded she felt they had enough information to make a recommendation and that most of the information was positive. Mayor Baldwin discussed the results. Manager Results Mayor Baldwin said the results from this group are particularly important and they are very positive overall. Big Group Results Mayor Baldwin discussed the results of each question. Comm. Sullivan was disappointed in the number of responses. Mayor Baldwin asked if Big Group received the same packet as the City Commission. Ms. Wicklund indicated they did not, they only received the survey. Mayor Baldwin stated all of the comments were positive. Boards and Commissions Results Mayor Baldwin commented that it was expected that not as many people would reply. 1 Comm. Sullivan asked about some of the comments made by a member of either the LCC or LAC. She also commented that Ms. Wicklund does a very good job explaining in complex in laymen’s terms. City Commission Results Comm. Sullivan explained her “not enough information” selections. Comm. Sullivan commented on her belief that all commissioners receive the same information. Ms. Wicklund explained how she decided whether e-mails were sent to the entire commission, or only sent back to the original requestor. Comm. Sullivan requested more information on what other similar communities are doing when discussing certain subjects. Ms. Wicklund provided several examples of where that type of information was provided. Comm. Sullivan asked what the comment regarding updating commission on legal issues facing cities in Michigan pertained to. Mayor Baldwin responded she was referring to the major issues in the state, not every small issue. She would like to see a report similar to updates provided previously. For example, the change in law regarding the “two inch” rule in sidewalks, primarily the issues presented by the Michigan Municipal League. Ms. Wicklund indicated she would begin providing that type of information. General Discussion Comm. Sullivan asked if the results would be sent to the full commission. Ms. Wicklund suggested you could give them a brief synopsis. Contract Discussion Mayor Baldwin asked what changes Ms. Wicklund wanted to see in the contract. Comm. Sullivan asked why the six month severance pay was requested. Ms. Wicklund responded that with the turnover of commission every two years, her position is very susceptible to an every changing group of people. Therefore, since there is a possible shift, the six months provides a little more protection. Ms. Wicklund discussed the handouts she provided. Mayor Baldwin asked for an explanation of the ICMA option. Ms. Wicklund stated it would increase the amount the City contributed to the 457 account. Mayor Baldwin asked for clarification on step increases. Mayor Baldwin summarized the options provided by the City Attorney. 2 Ms. Wicklund indicated the committee could select one or more of the options. Comm. Sullivan asked if the ICMA benefit was selected, how that affected the City budget. Ms. Wicklund explained with the ICMA payments, there would be a corresponding reduction in FICA. Comm. Sullivan asked if the changes were made, how this would impact the current budget. Ms. Wicklund said she constantly looks for ways to save money, so her budget won’t be negatively impacted. Comm. Sullivan stated she was not comfortable with a car allotment, based on the type of work. She was in favor of a base salary increase. Comm. Fulton agreed that area would probably be discussed the most. She further stated she really appreciated a list of options. Comm. Sullivan asked if there was one option that was more helpful, personally. Mayor Baldwin asked if yearly increases had ever been included in the city attorney’s contract. Ms. Wicklund suggested something similar to the County where the administrator received an average of all other salary increases. Comm. Sullivan asked about the retiree health benefit request. Comm. Sullivan suggested the base salary be raised to $107,000 and increasing the ICMA contribution. Comm. Fulton felt the value of the city attorney position was high, and the base salary should be increased to $116,000 over the next three years and also increasing the ICMA contribution. Ms. Wicklund responded stating she wants the decision to be unanimous and is hesitant to have that large of an increase. She suggested splitting it between the base salary and ICMA may be more palatable. Mayor Baldwin said any type of raise will be seen as a “percentage” increase. Therefore, the ICMA option would be preferable to her. She suggests a base salary increase to $109,500 and an increase from 3.5% to 7% contribution to ICMA. She continued stating it would be a difficult sell. Comm. Sullivan said she could comfortably justify the increase to $108,000 base, with 6% ICMA contribution, but would consider other suggestions. Mayor Baldwin summarized the suggestions at a base salary of $107,000, with a 6.5% ICMA contribution, and a yearly increase equal to the average cost of living increase all other employees have received. Comm. Sullivan stated there needed to be justification. Mayor Baldwin asked if everyone was okay with the six month severance. 3 Mayor Baldwin suggested a memo be sent to the full commission explaining the process and all of the changes and several handouts. Adjournment: The meeting adjourned at 4:03 p.m. SEB 4