Chapter 2.20
CITY ATTORNEY
Sections:
2.20.010 Appointment – Qualifications.
2.20.020 Compensation – Reimbursement of expenses.
2.20.040 Limitation upon private practice.
2.20.060 Employees exempt from merit system.
2.20.070 Relations between city attorney, city council, city manager, and other city officials.
2.20.080 Employment of special counsel.
2.20.090 Temporary city attorney.
Prior legislation: Ords. 6 and 884 and Code 1997 § 2-34.
2.20.010 Appointment – Qualifications.
The city attorney shall be appointed by the city council wholly on the basis of his or her legal ability and experience, particularly in the municipal law field. Admission to the State Bar of California shall be a prerequisite to appointment as city attorney.
No person elected or appointed as a councilmember of the city shall, subsequent to such election or appointment, be eligible for appointment as city attorney until one year has elapsed after such councilmember shall have ceased to be a member of the city council. (Ord. 1085 § 1 (Exh. A))
2.20.020 Compensation – Reimbursement of expenses.
The city attorney shall be reimbursed for all sums necessarily incurred or paid by him or her in the performance of his or her duties or incurred when traveling on business pertaining to the city under direction of the city council. Reimbursement shall only be made pursuant to city policies and procedures. (Ord. 1085 § 1 (Exh. A))
2.20.030 Removal from office.
A. The removal of the city attorney shall be only upon a three-member vote of the entire city council in a regular city council meeting, subject to the other provisions of this section. The city attorney shall be furnished with a written notice stating the city council’s intention to remove him or her and the reason therefor, at least 30 days prior to the city council meeting at which the removal of the city attorney is placed on the agenda.
B. After furnishing the city attorney with written notice of intended removal, the city council may suspend him or her from duty, but his or her compensation shall continue until his or her removal by resolution of the city council passed subsequent to such hearing.
C. Notwithstanding the provisions of this chapter, the city attorney shall not be removed from office during or within a period of 90 days next succeeding any general municipal election held in the city at which election a member of the city council is elected. The purpose of this provision is to allow any newly elected member of the city council or a reorganized city council to observe the actions and ability of the city attorney in the performance of the powers and duties of his or her office. After the expiration of such 90-day period, the provisions of this section as to the removal of the city attorney shall apply and be effective.
D. The city attorney shall give not less than 30 days’ notice prior to the effective date of his or her resignation; provided, that this 30-day period may be waived by a four-fifths vote of the city council. (Ord. 1085 § 1 (Exh. A))
2.20.040 Limitation upon private practice.
The city attorney shall not engage in the private practice of law without the consent of the city council, and then only upon such conditions as the city council may impose. (Ord. 1085 § 1 (Exh. A))
2.20.050 Powers and duties.
The city attorney shall be the chief legal officer of the city under the direction and control of the city council, except as otherwise provided in this chapter, and shall have the following powers and duties:
A. Advise the city council, its committees, its various boards and commissions, any city officer and all employees, when requested, upon all legal questions arising in the conduct of city business.
B. Prepare or revise ordinances or resolutions when so requested by the city council or by the city manager.
C. Draft and recommend ordinances, resolutions or other documents or procedures affecting the legal position of the city.
D. Give his or her legal opinion upon any legal matter or question submitted to the city attorney by the city council, any member thereof, any board or commission of the city, the city manager, any other city officer or city employee.
E. Attend all city council meetings in their entirety unless excused by the council, for the purpose of giving the city council any legal advice requested by its members.
F. Attend such meetings of other boards and commissions of the city as he shall deem necessary and proper or as the city council may direct.
G. Prepare for execution, or approve as to form, all contracts and instruments to which the city is a party and approve as to form and for filing all bonds and insurance policies submitted to the city.
H. Approve, deny, adjust, settle, compromise or submit to arbitration, any action, causes of action, accounts, debts, claims, demands, disputes or matters in favor of or against the city, or in which the city is concerned as a debtor or creditor, and where payments for such adjustment, settlement or compromise fall within the limits set forth by resolution of the city council. In all other such matters, the city attorney shall submit to the recommendation of the city council for action to be taken.
I. Make the following reports:
1. Immediately report the outcome of any litigation in which the city has an interest to the city manager and the city council.
2. Immediately report to the city council and the city manager all settlements or other actions entered into pursuant to the provisions of subsection (H) of this section.
3. Make an annual report, to the city manager and the city council, as of September 30th of each year of all pending litigation in which the city has an interest and the condition thereof.
J. Provide information and advice to the public concerning city laws and regulations.
K. Enforce city laws and regulations through office hearings and court proceedings, both civil and criminal.
L. Review and analyze all state and federal legislation affecting the city.
M. Appear on behalf of the city before such legislative committees and regulatory agencies as the city council may direct.
N. Represent the city in legal actions to which the city is a party and for which other arrangements for legal counsel have not been made.
O. Perform such other duties as may be imposed by statute, by any ordinance of the city or by other action of the city council.
P. Issue administrative citations in accordance with the procedures and regulations set forth in this title.
Q. Collect attorney’s fees where authorized by law or contract including fees incurred by other employees of the city attorney’s office. Such fees shall be set by separate resolution of the city council. (Ord. 1085 § 1 (Exh. A))
2.20.060 Employees exempt from merit system.
The city attorney and all professional employees of his or her office shall be exempt from the merit system. All employees of the office of the city attorney shall be appointed by the city attorney and shall serve at the pleasure of the city attorney. (Ord. 1085 § 1 (Exh. A))
2.20.070 Relations between city attorney, city council, city manager, and other city officials.
The city council and its members shall deal with the city attorney only when sitting in a duly held meeting of the city council, except for the purposes of inquiry. The city manager, as the representative of the city council, shall have the right and the power to direct the activities of the city attorney with respect to job priorities.
Budget control of the city attorney’s office shall be with the city manager as the finance officer of the city.
It shall be the duty of all subordinate officers and the city clerk and city manager to assist the city attorney in carrying out his or her functions so far as may be consistent with their duties as prescribed by law and ordinances of the city. (Ord. 1085 § 1 (Exh. A))
2.20.080 Employment of special counsel.
Whenever the city council deems it to be in the best interests of the city, it may employ special counsel to handle particular legal matters of the city, upon such terms as the city council shall deem proper. (Ord. 1085 § 1 (Exh. A))
2.20.090 Temporary city attorney.
Whenever the office of city attorney shall be vacant, the city council may appoint a temporary city attorney pending appointment and qualification of a city attorney. (Ord. 1085 § 1 (Exh. A))