Chapter 2.06


2.06.010    Duties of the city attorney.

2.06.020    Compensation.

2.06.030    Assistant city attorney.

2.06.040    Extraordinary legal services.

2.06.045    Reimbursement for costs.

2.06.050    Appointment by mayor—Statutory authority.

2.06.060    Removal conditions.

2.06.070    Appointment or removal to be in writing.

*    Prior ordinance history: Ord. 700 §§ 1—4.

2.06.010 Duties of the city attorney.

The city attorney shall advise the city of all legal matters pertaining to the business of the city and shall represent the city in all actions brought by or against the city, or against city officials in their official capacity. The city attorney 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 city council meetings on the second and fourth Mondays of each month;

(b)    Attend workshop or special meetings upon request of the mayor or council;

(c)    Draft and sign all ordinances, resolutions and legal documents as requested by the mayor or council;

(d)    Consult with and provide legal advice to the mayor, city clerk, city treasurer, city council members, public works director, police chief, police officers, fire chief and chairman of boards and commissions;

(e)    Approve contract and agreement content from drafts submitted by department heads;

(f)    Prosecute all violations of city ordinances in district court;

(g)    May initiate proceedings to enforce city ordinances. After any actions properly commenced, the city attorney will prosecute the case;

(h)    Submit to the city, on a monthly basis, at the agreed upon rate, a billing to the city for legal services. Such billing shall report total time spend on court cases, total time spent on other city matters, and a listing of all cases referred to the city attorney’s office and the outcome of each case;

(i)    Perform such other duties as may be required by the laws of the state of Washington. (Ord. 743 § 1, 1986).

2.06.020 Compensation.

The compensation for the city attorney shall be at a monthly rate agreed upon by the city and the attorney. (Ord. 743 § 2, 1986).

2.06.030 Assistant city attorney.

The city attorney shall have the option to appoint an assistant city attorney to assist in representing the city in the duties of the city attorney. Such assistant must be licensed by the state of Washington. Compensation for the assistant attorney shall be at the expense of the city attorney. (Ord. 743 § 3, 1986).

2.06.040 Extraordinary legal services.

(a)    Because of the great variance from year to year in the amount of litigation in which the city is involved and the difficulty in providing fair compensation for such services within a predetermined salary; and because the city attorney is asked to perform from time to time tasks not ordinarily performed by the city attorney, the nature of which are not beforehand known; and because the office of the city attorney is not a full-time position, it is in the best interest of the city and its city attorney to define which legal services of the city attorney are understood to be “extraordinary.” The following tasks shall be considered as “extraordinary legal services”:

(1)    Legal services in the representation of the City of Othello or a City Official in his or her official capacity, in all litigation in all courts, and before all administrative hearing tribunes in which the City or a

City Official in his or her official capacity is directly interested, with the specific exception of the prosecution of violations of City ordinances, in the District Courts of Adams County, Washington.

(2)    Such other specific duties as the City Council may direct prior to the actual performance of the legal services by the City Attorney.

(3)    Process foreclosures on delinquent L.I.D.’s as necessary, assist the City Treasurer in these matters, and represent the City regarding L.I.D. foreclosures.

(b)    The city attorney shall be compensated at an hourly rate agreed upon by the city and the attorney, in addition to the established monthly rate, for time spent in the performance of all extraordinary legal services. However, the city council retains the right of review of bills submitted by the city attorney for extraordinary legal services, and their determination as to whether any amount is properly payable under the existing contract is final. (Ord. 743 § 4, 1986).

2.06.045 Reimbursement for costs.

The city attorney shall be reimbursed for reasonable and necessary mileage expenses and court filing fees. Such costs shall be considered in addition to the contract price. However, the city attorney shall be financially responsible for all other expenses incurred while representing the city. Such expenses shall include, but are not limited to, supplies, telephone, travel, organization dues, seminar fees, secretarial assistance, rent, utilities and all other expenses to operate a law office. (Ord. 743 § 5, 1986).

2.06.050 Appointment by mayor—Statutory authority.

The office of city attorney of the city of Othello, Washington, is hereby changed from an elective to an appointive office. The office shall be filled by appointment by the mayor, subject to confirmation by a majority vote of the city council, as provided by RCW 35.23.021. (Ord. 716 § 1, 1985).

2.06.060 Removal conditions.

The city attorney may be removed or discharged by the mayor, and shall be, to confirmation by a majority vote of the city council. (Ord. 716 § 2, 1985).

2.06.070 Appointment or removal to be in writing.

Every appointment or removal, in addition to the requirements set forth in Sections 2.06.050 and 2.06.060, must be in writing, signed by the mayor, and filed with the city clerk. (Ord. 716 § 3, 1985).