Report Prepared by: Suzanne Fierro, Human Resources Manager
Title
SUBJECT: Adoption of a Resolution Approving a Second Amendment to City Attorney Employment Agreement Extending the Term for One Month to Allow for Finalization of a Renewed Employment Agreement
REPORT IN BRIEF
Considers adopting a Resolution approving a one-month extension of the City Attorney Employment Agreement to allow additional time to finalize a renewed employment agreement.
RECOMMENDATION
City Council - Adopt a motion:
A. Adopting Resolution 2026-70, a Resolution of the City Council of the City of Merced, California, approving a second amendment to the City Attorney employment agreement extending the term for one month to allow for finalization of a renewed employment agreement; and
B. Approving the Second Amendment to the City Attorney Employment Agreement, extending its term for one month.
Body
ALTERNATIVES
1. Approved, as recommended by staff; or
2. Approve, subject to other than recommended by staff; or,
3. Refer to staff for reconsideration of specific items; or,
4. Continue to a future meeting
5. Deny.
AUTHORITY
Charter of the City of Merced, Sections 200, 300, and 600.
CITY COUNCIL PRIORITIES
Continuity of Services
DISCUSSION
The City Attorney serves as the chief legal advisor to the City Council, City Manager, and City departments and is responsible for providing legal advice and representation on matters affecting the City. The City Attorney also oversees the City's legal affairs, including litigation, preparation and review of ordinances, resolutions, contracts, and other legal documents, and provides guidance to ensure compliance with applicable federal, state, and local laws.
On December 5, 2023, the City Council unanimously approved a three-year Employment Agreement with City Attorney Craig J. Cornwell. The Agreement is
scheduled to expire on December 5, 2026.
On June 9, 2025, the City Council approved a First Amendment to the Employment Agreement incorporating the City Attorney's premium pay and vehicle allowance into his base salary.
The City Council and City Attorney are currently negotiating the terms of a new employment agreement. To provide sufficient time to complete these discussions and finalize the agreement, a one-month extension of the existing Employment Agreement is proposed.
The proposed Second Amendment would extend the current Agreement through January 3, 2027, allowing the parties additional time to finalize a renewed agreement for consideration and approval by the City Council. Except for the extension of the term, all other provisions of the existing Employment Agreement would remain unchanged.
Approval of the proposed Second Amendment would ensure continuity with the City's in-house legal services while the parties complete negotiations.
ATTACHMENTS
1. Resolution 2026-70
2. Second Amendment to City Attorney Employment Agreement
3. First Amendment to City Attorney Employment Agreement
4. City Attorney Employment Agreement