Placement: New Business
Action Requested: Motion / Vote
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City Attorney’s Annual Review
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Submitted By: Natalie Cabrera, Director, Human Resources
Strategic Plan Link: The City's Goal of a high-performing city government organization.
Executive Summary (General Business): Mr. Berrios commenced his tenure as City Attorney for the City of Port St. Lucie on July 8, 2024 and, per his employment agreement, he may receive an annual evaluation by the City Council at the Winter Workshop (which usually convenes in the second quarter of the fiscal year), or at another Council Workshop as determined by the City Council. As part of the review, the City Council has the authority to provide Mr. Berrios with a merit salary increase.
Presentation Information: Staff is available to answer any questions the Council may have.
Staff Recommendation: Move that the Council review and discuss the City Attorney’s performance and compensation, consider an increase in pay, provide an effective date for any increase, and provide direction on any additional perquisites.
Alternate Recommendations:
1. Move that the Council amend the recommendation and modify the compensation package for the City Attorney and provide an effective date.
2. Move that the Council provide staff with direction.
Background: As part of Mr. Berrios’ annual review, the City Council has the authority to provide Mr. Berrios with a merit salary increase, as a benefit, which is available to all other City employees as set forth in Section 12.12(A) of the Personnel Rules and Regulations. Included herewith, please find the recent salary study conducted with respect to the salaries of city attorneys in comparable jurisdictions. Please note, the City Attorney position is not included on the City’s pay plan as it is an appointed position. As such, there is no minimum or maximum rate established for the position.
Issues/Analysis: N/A
Financial Information: The City Attorney’s current annual salary is $261,062.88. In addition, Mr. Berrios receives a car allowance of $600.00 per month. In accordance with the terms and conditions outlined in Mr. Berrios’ employment agreement, he is scheduled to receive the same cost-of-living salary increase which is provided to all other general employees of the City. However, future increases for general employees have not yet been negotiated for 2026 and beyond. Mr. Berrios received the following salary adjustments in 2025: (1) Merit increase of 2% effective February 24, 2025, as directed by the Council during the prior annual performance review; (2) Increase of 4% effective March 8, 2025, provided to all City employees; and (3) Increase of 7% effective October 4, 2025, provided to all City employees. The Council last conducted the City Attorney’s performance review on February 24, 2025.
Special Consideration: In accordance with the First Amendment to the City Attorney’s Employment Agreement, the City Attorney receives an additional ten (10) days of vacation leave annually beyond the vacation leave accrued under the Personnel Rules and Regulations.
Location of Project: N/A
Business Impact Statement: N/A
Attachments:
1. Employment Agreement (Effective July 8, 2024);
2. First Amendment to Employment Agreement (Effective February 24, 2025);
3. FY 25/26 City Attorney Market Analysis.
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: N/A
Legal Sufficiency Review:
N/A