Chapter 2.12
CITY ATTORNEY1
Sections:
2.12.010 Duties.
2.12.020 Compensation.
2.12.030 Full-time employment status – Private practice prohibited that would conflict with city interests.
2.12.040 Assistant city attorney – Office created – Duties.
2.12.045 Acting city attorney – Office created – Duties.
2.12.050 Repealed.
2.12.010 Duties.
The city attorney shall advise authorities and officers on all legal matters pertaining to the business of the city and shall approve all ordinances as to form. He shall represent the city in all actions brought by or against the city, or against city officials in their official capacity. He shall perform such other duties as the city council by ordinance may direct. Included in the foregoing and in addition thereto, the city attorney shall:
A. Attend all meetings of the city council, including regular, special and interim meetings, as well as all regular meetings of the planning commission and board of adjustment of the city;
B. Attend meetings, upon request, of all other official boards and commissions of the city, as well as all committees of the city council;
C. Maintain an office in space furnished by the city in the city hall building during regular business hours Monday through Friday, except during those periods of time when the presence of either himself or his assistant is required out of the office in the performance of official legal business for the city;
D. Answer inquiries from citizens for information concerning city matters;
E. Consult interested officials and officers concerning, and prepare all resolutions, ordinances, petitions, contracts, leases, easements, deeds, notices and other legal documents, and suggest legislation, where the responsibility for preparation is upon the city, or requested by city officials; examine and approve or suggest changes in all such instruments when the duty of preparation rests upon others than the city;
F. Advise the council, boards, commissions, department heads and other city officials and officers, rendering formal legal opinions when requested, or when it appears to the attorney necessary or advisable;
G. Prosecute in the court of criminal jurisdiction, and on appeal in appellate courts, all alleged violations of city ordinances, and actions to recover licenses, penalties and forfeitures. Advise the proper officials and officers on the filing of complaints therefor;
H. Prosecute and/or defend, in courts of original jurisdiction, and on appeal, all civil actions brought by or against the city, or against officials, officers and employees in their official capacity, including condemnation proceedings. Participate in consultations concerning settlement of claims against the city, or its officials, officers and employees in their official capacities; provided, that where insurance counsel also defends the city, the main burden of such actions may be left to such counsel. See to the ultimate enforcement of all judgments and decrees rendered in favor of the city in any action or suit;
I. Participate in the expedition of bond issues, providing this shall not require an opinion of the validity of the bonds in any case where special bond counsel is retained by the city or any prospective bond buyer;
J. On request, participate in and consult concerning intergovernmental relations in which the city is concerned;
K. Perform such other duties as may be required by the laws of the state.
Provided, however, the duties of the city attorney as prescribed in this section shall not prohibit the employment of special counsel to assist the city attorney in unusual cases of a specialized nature, when such employment is authorized by the city council. (1957 code § 1.05.010.)
2.12.020 Compensation.
As compensation for the services required by state laws and city ordinances to be performed by the city attorney, he shall receive a salary in such amount as the city council may from time to time establish by ordinance. (1957 code § 1.05.020.)
2.12.030 Full-time employment status – Private practice prohibited that would conflict with city interests.
The city attorney and the assistant city attorney shall be full-time city employees and shall not be authorized to engage in the practice of law that would conflict with the interests of the city.
A conflict of interest in an outside position or personal services shall be set forth in city policy as follows:
If an employee is considering creating, accepting or has accepted an outside position or provides personal service, he/she shall submit information on the outside position and a list of client names to the appropriate department head and personnel director to determine a potential conflict of interest. A determination of potential violations shall be made by the appropriate department head in consultation with the personnel director with the final approval of the mayor. In the case where a department head is considering creating, accepting or has accepted an outside position or provides personal services, he/she shall submit information on the outside position and a list of client names, doing business as (dba) and nature of business for final approval to the mayor, deputy mayor and the chairperson of the finance committee to determine a potential conflict of interest. Citizens of Auburn shall be provided with information on outside positions and/or client names upon request. (Ord. 6191 § 3, 2008; Ord. 4721 § 1, 1995; Ord. 3600 § 1, 1981; 1957 code § 1.05.030.)
2.12.040 Assistant city attorney – Office created – Duties.
There is created the office of assistant city attorney, which office shall be filled by the appointment of the mayor. The assistant city attorney shall, under the direction of the city attorney, assist, and when necessary substitute for the city attorney, in the performance of the duties of city attorney set forth in ACC 2.12.010, and shall assist the city attorney in his presence at such times as he may desire. The primary responsibility of the performance of the duties of the office of city attorney shall, however, rest upon the city attorney, and the utilization of the assistant city attorney by the city attorney shall be subject to periodic review by the city council. The assistant city attorney shall be paid such salary as the city council shall prescribe from time to time by ordinance. (Ord. 2908 § 1, 1976; 1957 code § 1.05.040.)
2.12.045 Acting city attorney – Office created – Duties.
There is created the office of acting city attorney, which office shall be filled by the appointment of the mayor. The acting city attorney shall assist and when necessary substitute for the city attorney in the performance of the duties of the city attorney set forth in ACC 2.12.010, and shall assist the city attorney in his presence at such times as he may desire. The acting city attorney may engage in the private practice of law and perform duties outside the scope of duties of acting city attorney and shall be paid for such time expended while acting in the capacity as acting city attorney at that rate that is contractually agreed to by the city. (Ord. 4187 § 1, 1986.)
2.12.050 Change from elective to appointive office.
Repealed by Ord. 5635. (1957 code § 1.05.050.)
For statutory provisions authorizing the appointment of a city attorney in a code city, see RCW 35A.12.020.