Chapter 2.06
CITY ATTORNEY

Sections:

2.06.010    Office created.

2.06.020    Appointment and qualifications.

2.06.030    Removal of the City Attorney.

2.06.040    Bond.

2.06.050    Performance of duties during absence or disability.

2.06.060    Powers and duties.

2.06.070    Attendance at meetings.

2.06.080    Compensation.

2.06.090    Severability of provisions.

2.06.010 Office created.

(A) The office of City Attorney of the City is established. The office shall consist of the City Attorney, and such attorneys and other employees as the City Council may provide for in the budget. The City Attorney shall be head of the office and be responsible for the successful performance of its functions. It shall be the duty of the City Attorney to assist the City Manager in administering the affairs of the City efficiently, economically, and harmoniously so far as may be consistent with the duties of the City Attorney as prescribed by law and the ethical rules and standards applicable to the practice of law and of the State Bar of the state of California.

(B) The City Attorney may appoint such assistant City Attorneys, deputy City Attorneys, and other employees as may be required to carry out the functions of the office of the City Attorney and they shall have such duties as may from time to time be assigned to them by the City Attorney. Any such assistants, deputies, and employees shall be members of the classified service of the City and shall be paid a salary commensurate with their classification. (Ord. 1202 § 3, 2002)

2.06.020 Appointment and qualifications.

(A) The City Council shall appoint the City Attorney who shall serve at the pleasure of the City Council.

(B) No person shall be eligible to be appointed City Attorney unless he or she shall have been admitted to practice before the supreme court of the state of California and shall have been engaged in the practice of law in the state of California for at least five years prior to his or her appointment.

(C) Residence in the City shall not be required as a condition of employment or appointment of the City Attorney.

(D) No person elected to the City Council shall, subsequent to such election, be eligible for employment or appointment as City Attorney until one year has elapsed after such person’s term on the City Council has ended. (Ord. 1202 § 3, 2002)

2.06.030 Removal of the City Attorney.

The removal of the City Attorney shall only be upon a majority vote of the full City Council, seated in a regular Council meeting. (Ord. 1202 § 3, 2002)

2.06.040 Bond.

The City Attorney may be required to furnish a corporate surety bond in an amount to be determined by the City Council, which bond shall be conditioned upon the faithful performance of the duties herein imposed upon the City Attorney. Any premium for such bond shall be a proper charge against the City. (Ord. 1202 § 3, 2002)

2.06.050 Performance of duties during absence or disability.

Upon any absence or disability of the City Attorney which precludes the performance of the duties specified herein, an assistant City Attorney or deputy City Attorney may be appointed by the City Council as the interim acting City Attorney. In the event of a vacancy in the office of City Attorney, the City Council shall appoint an interim acting City Attorney until such time as the vacancy is filled. Such interim appointment may be conditioned upon that person obtaining a corporate surety bond to ensure the faithful performance of the duties required to be performed as set forth herein. (Ord. 1202 § 3, 2002)

2.06.060 Powers and duties.

The City Attorney shall have the following powers and duties:

(A) To be the sole and exclusive legal adviser of the City, the City Council and all City agencies, authorities, boards, commissions, committees, officers, and departments pertaining to all of their functions, powers, and duties under this code, and under federal and state law. The City Attorney may retain outside counsel to attend to cases or other legal matters as the need may arise or as the City Council may direct;

(B) To initiate all proceedings in law or equity for the criminal or civil enforcement of all City ordinances and for the defense of the City in all legal actions;

(C) To attend to all civil actions and other proceedings in which the City, any officer or employee or former officer or employee is concerned or is a party by reason of an act or omission in the scope of his or her duties or in which the interests of the City may be affected. The City Attorney may reject claims against the City and may commence any action or settle any claim or action of a gross amount of $10,000 or less, exclusive of court costs. No action or claim of more than a gross amount of $10,000, exclusive of court costs, shall be commenced or settled without the prior approval of the City Council;

(D) To establish a system of claims administration to review and respond to claims against the City and to delegate authority to reject claims to a claims administrator appointed by the City Attorney;

(E) To prepare, or approve, or both, all ordinances, resolutions, agreements, bonds, deeds and other legal instruments as may be required for the proper conduct of the business of the City; and

(F) To perform such other legal services as may be required from time to time by the City Council, or requested by the City Manager or other subordinate officers, or as may be necessary to perform the foregoing functions or duties of the legal advisor of the City. (Ord. 1338 § 1, 2007; Ord. 1202 § 3, 2002)

2.06.070 Attendance at meetings.

The City Attorney, or the City Attorney’s designee, shall attend all meetings of the City Council planning commission, and of all City agencies, authorities, boards, commissions, and committees as the City Council shall direct. (Ord. 1202 § 3, 2002)

2.06.080 Compensation.

The City Attorney, assistant City Attorney, deputy City Attorney and employees of the office of the City Attorney shall receive such compensation as the City Council shall from time to time authorize in the budget. Said compensation shall be a proper charge against such funds of the City as the City Council shall designate. (Ord. 1202 § 3, 2002)

2.06.090 Severability of provisions.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, or invalid, or ineffective. (Ord. 1202 § 3, 2002)