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AGENDA ITEM NO. 7.
CITY OF HAWTHORNE City Council AGENDA BILL For the meeting of 01/27/2026 Originating Department: Human Resources |
City Manager:
Department Head:
SUBJECT:
RESOLUTION NO. 8583 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HAWTHORNE, CALIFORNIA, APPOINTING DAVID L. CACERES AS THE CITY ATTORNEY, APPROVING AN EMPLOYMENT AGREEMENT, AND ADOPTING THE SALARY SCHEDULE FOR THE POSITION OF INTERIM CITY ATTORNEY AND CITY ATTORNEY
RECOMMENDED MOTION:
RECOMMENDED MOTION:
Adopt Resolution 8583 appointing David L. Caceres as the City Attorney, approving an Employment Agreement, and adopting the salary schedule for the position of Interim City Attorney and City Attorney.
Adopt Resolution 8583 appointing David L. Caceres as the City Attorney, approving an Employment Agreement, and adopting the salary schedule for the position of Interim City Attorney and City Attorney.
DISCUSSION:
David Caceres has been employed with the City since July 2024 as an Assistant City Attorney and was promoted to Senior Assistant City Attorney in July 2025. At the regular city council meeting held on November 12, 2025, Mr. Caceres was appointed as Interim City Attorney until a permanent City Attorney is appointed. The City Council now desires to appoint Mr. Caceres as the permanent City Attorney.
Mr. Caceres’ annual salary as City Attorney will continue to be $285,000 (the same as the Interim City Attorney's salary) plus fringe benefits specified in the Employment Agreement attached to the Resolution. The City will also contribute $750 to Mr. Caceres’ deferred compensation plan. With respect to other compensation and fringe benefits, such benefits are commensurate with those provided to the former City Attorney. For example, Mr. Caceres will accrue vacation leave at the rate of 8.7 hours per pay period, sick leave at the rate of 5.06 hours for each bi-weekly pay period, and will be provided with administrative leave. Mr. Caceres also agreed to waive the use of a city-owned vehicle and a vehicle allowance. In addition, the Employment Agreement includes an indemnity provision, as under the California Government Code, a public entity is required to provide for the defense of an employee or former employee in a civil action brought against that employee on account of an act or omission in the scope of their employment. Should the City request the City Attorney’s advice or cooperation on City matters after the Employment Agreement expires, the City agrees to pay the City Attorney reasonable consulting fees and costs, but only should the City request such services.
The proposed Resolution also approves the salary schedule for the position of both the Interim City Attorney and City Attorney, which is a requirement of the California Public Employees Retirement System’s (“PERS”) rules and regulations. The salary schedule is required to be formally adopted by the City Council and be made publicly available consistent with PERS regulations.
Lastly, under Government Code Section 54953(c)(3), an oral summary report must be made during an open public meeting of a recommendation for a final action on the salary, salary schedule or compensation paid in the form of fringe benefits to a “local agency executive” as defined in Government Code 3511.1. The position of City Attorney falls under this provision. Such an oral report shall be provided at the time this item is called for discussion and action.
Mr. Caceres’ annual salary as City Attorney will continue to be $285,000 (the same as the Interim City Attorney's salary) plus fringe benefits specified in the Employment Agreement attached to the Resolution. The City will also contribute $750 to Mr. Caceres’ deferred compensation plan. With respect to other compensation and fringe benefits, such benefits are commensurate with those provided to the former City Attorney. For example, Mr. Caceres will accrue vacation leave at the rate of 8.7 hours per pay period, sick leave at the rate of 5.06 hours for each bi-weekly pay period, and will be provided with administrative leave. Mr. Caceres also agreed to waive the use of a city-owned vehicle and a vehicle allowance. In addition, the Employment Agreement includes an indemnity provision, as under the California Government Code, a public entity is required to provide for the defense of an employee or former employee in a civil action brought against that employee on account of an act or omission in the scope of their employment. Should the City request the City Attorney’s advice or cooperation on City matters after the Employment Agreement expires, the City agrees to pay the City Attorney reasonable consulting fees and costs, but only should the City request such services.
The proposed Resolution also approves the salary schedule for the position of both the Interim City Attorney and City Attorney, which is a requirement of the California Public Employees Retirement System’s (“PERS”) rules and regulations. The salary schedule is required to be formally adopted by the City Council and be made publicly available consistent with PERS regulations.
Lastly, under Government Code Section 54953(c)(3), an oral summary report must be made during an open public meeting of a recommendation for a final action on the salary, salary schedule or compensation paid in the form of fringe benefits to a “local agency executive” as defined in Government Code 3511.1. The position of City Attorney falls under this provision. Such an oral report shall be provided at the time this item is called for discussion and action.
ECONOMIC DEVELOPMENT STRATEGIC PLAN:
Not applicable.
FISCAL IMPACT:
Mr. Caceres' former position as Senior Assistant City Attorney is currently unfilled. The City is currently recruiting for the lower classification position of Deputy City Attorney. Thus, it is anticipated that there will be cost savings.
NOTICING PROCEDURE:
72 hours posted notice pursuant to the Ralph M. Brown Act.