Title
City Attorney Appointment and Contract
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FileID
File ID: 2026-00528
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Location
Location: Citywide
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Recommendation
Recommendation: Adopt a Resolution: 1) appointing the City Attorney; 2) approving an increase to the City Attorney salary range; 3) setting the City Attorney’s compensation at $355,000, 4) approving the City Attorney contract; and 5) authorizing the City Manager or designee to make minor changes or adjustments to Exhibit A in order to correct omissions and errors.
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Contact
Contact: Jennifer Wilkinson, Administrative Officer, (916) 808-5295, jwilkinson@cityofsacramento.org, Department of Human Resources
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Presenter
Presenter: Jennifer Wilkinson, Administrative Officer, (916) 808-5295, jwilkinson@cityofsacramento.org, Department of Human Resources
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Attachments
Attachments:
1-Description/Analysis
2-Salary Schedule (Redline)
3-Resolution
4-Exhibit A - Salary Schedule
5-Exhibit B - City Attorney Employment Contract
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Description/Analysis
IssueDetail
Issue Detail: Effective October 28, 2025, the City Council appointed Gustavo Martinez to serve as Interim City Attorney while a recruitment was conducted to fill the City Attorney position on a permanent basis. The executive search process has now concluded, and the City Council selected Mr. Martinez as the City Attorney for the City of Sacramento effective January 27, 2026. Mr. Martinez’s salary will increase consistent with the Resolution on February 7, 2026, to coincide with the start of a pay period.
As part of this appointment, Council action is required to establish the City Attorney’s compensation and will approve an employment contract. In addition, the City Attorney salary range must be updated on the City’s Salary Schedule to reflect the approved compensation structure.
Salary Schedule Update
The proposed action includes an update to the Citywide Salary Schedule to increase the maximum annual salary for the City Attorney classification to $355,000. Concurrent with adoption of the updated salary schedule, the City Council is setting the City Attorney’s annual salary at $355,000. Pursuant to California Code of Regulations § 570.5, the City Council is required to adopt the City’s Salary Schedule at a public meeting whenever salary ranges are established or modified. Publicly adopted salary schedules are relied upon by the California Public Employees’ Retirement System to determine compensation earnable for retirement purposes. Council action is therefore required to implement this change, ensure transparency, and maintain compliance with § 570.5. The specific changes to the City’s salary schedule are presented in two versions: a red-lined version of changes to the Salary Schedule as Attachment 2 and a clean copy of the Salary Schedule is included as Exhibit A (Attachment 4) to the Resolution.
Government Code § 54953
Government Code § 54953 requires that prior to taking final action, the legislative body orally report a summary of the recommendation for final action on salaries, salary schedules, or compensation paid in the form of fringe benefits for a local agency executive during the open meeting at which the action is taken. The City Attorney meets the definition of a local agency executive under Government Code § 3511.1(d) because the position is not subject to the Meyers-Milias-Brown Act. Accordingly, a summary of the proposed compensation and salary schedule adjustment for the City Attorney must be orally reported prior to final Council action.
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PolicyConsiderations
Policy Considerations: The City Council alone is vested with the authority to appoint a City Attorney and establish the salary associated with the position. The City Council must also publicly adopt any change to the City’s Salary Schedule pursuant to California Code of Regulations § 570.5 to ensure transparency and compliance with California Public Employees’ Retirement System requirements.
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EconomicImpacts
Economic Impacts: None.
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EnvironmentalConsiderations
Environmental Considerations:
California Environmental Quality Act (CEQA): This action is not a project that is subject to CEQA because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines §15378(b)(5)).
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Sustainability
Sustainability: Not applicable.
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Commission/Committee Action
Commission/Committee Action: Not applicable.
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RationaleforRecommendation
Rationale for Recommendation: Approval of this action formalizes the City Council’s appointment of the City Attorney, establishes the authorized salary range through adoption of the updated salary schedule in compliance with California Code of Regulations § 570.5, ensures compliance with Government Code § 54953, and approves an employment agreement consistent with City Charter authority and past practice for charter officers.
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FinancialConsiderations
Financial Considerations: The City Attorney position is an existing budgeted full-time equivalent position and funding is available in the current budget for the City Attorney’s Office. The new salary range maximum and Mr. Martinez’s annual salary are $355,000. Mr. Martinez’s benefit package is the same as that of other appointed officers.
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LocalBusinessEnterprise
Local Business Enterprise (LBE): Not applicable.
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