Chapter 2.14
CITY ATTORNEY
Sections:
2.14.020 Eligibility—Appointment and term of office.
2.14.050 Council-attorney relations.
2.14.060 Attorney-city manager relations.
2.14.070 Members of the public-city attorney relations.
2.14.010 Office created.
The office of the city attorney, as set forth in Government Code Section 36505, is established. It shall consist of the city attorney and such assistants as may be authorized by the city council. The city attorney shall administer the office and be responsible for the successful performance of its functions. He/she shall serve under the direct supervision and control of the city council as its legal adviser.
The city attorney may retain or employ other attorneys, assistants, or special counsel as may be needed to take charge of any litigation or legal matters, or assist the city attorney therein; provided, that such employment or retainer shall be reported to the city council at the regular meeting thereof next following the employment or retainer. (Ord. 720 (part), 2011).
2.14.020 Eligibility—Appointment and term of office.
The city attorney shall be an active member in good standing of the California State Bar. The city attorney shall be appointed by the city council wholly on the basis of his or her qualifications following a formal request for qualification (RFQ), and interview panel process administered by the city council. The city attorney shall hold office for and during the pleasure of the city council. The oath of office will be administered by the mayor at city attorney’s first official council meeting. (Ord. 720 (part), 2011).
2.14.030 Compensation.
The city attorney shall receive such compensation and expense allowance as the city council shall from time to time determine, and such compensation shall be a proper charge against such funds of the city as the city council shall designate. (Ord. 720 (part), 2011).
2.14.040 Functions/duties.
The functions of the office of the city attorney shall be to:
A. Advise the city council and all city officers in all matters of law pertaining to their offices;
B. Furnish legal service at all meetings of the city council and planning commission except when excused or disabled, and give advice or opinions on the legality of all matters under consideration by the city council, or by any of the boards and commissions, or officers of the city;
C. Prepare and/or approve all ordinances, resolutions, agreements, contracts, and other legal instruments as shall be required for the proper conduct of the business of the city and approve the form of all contracts and agreements and bonds given to the city;
D. Provide the necessary legal services required in connection with the acquisition of land or easements on behalf of the city;
E. Subject to the general direction of the council, prosecute and defend the city, and all boards, and officers and employees in their official capacities, in all civil proceedings before judicial and quasi-judicial tribunals. The city attorney shall not compromise, settle or dismiss any action for or against the city without permission of the city council. Nor shall the city attorney commence any civil action without the permission of the city council;
F. Prosecute all violations of city ordinances; provided, that the city attorney is not required to prosecute any misdemeanor or infraction within the city arising out of a violation of state law;
G. Processing all insurance matters and damage claims against the city;
H. Rendering written legal opinions to the city council and city manager when requested;
I. Maintain all legal records electronically, providing the city clerk with a backup copy to be stored at City Hall. (Ord. 720 (part), 2011).
2.14.050 Council-attorney relations.
Individual council members may seek and obtain legal advice from the city attorney on any matters pertaining to the legal position of the city. Any such advice given to an individual council member, however, may be repeated to the entire council at any regular or special council meeting. With respect to advice to individual council members regarding potential conflicts of interest, the city attorney may render informal advice; provided, however, that it is understood that a council member is automatically protected from potential liability for conflict of interest only upon taking action which conforms to a written opinion issued by the California Fair Political Practices Commission. (Ord. 720 (part), 2011).
2.14.060 Attorney-city manager relations.
Quarterly, the city attorney and the city manager will meet and confer in good faith regarding the state of legal matters pertaining to the city. Together, they will prepare, and present the city council with a report of all activity, and a summary of all expenses related to pending legal matters. (Ord. 720 (part), 2011).
2.14.070 Members of the public-city attorney relations.
Consistent with the functions and duties of the city attorney’s office as described in Section 2.14.040, the city attorney may, but is not required to, meet or discuss any matter with individual members of the public, legal counsel, or the media. (Ord. 720 (part), 2011).
2.14.080 Bond.
The city attorney shall furnish a corporate surety bond to be determined and approved by the city council, and shall be conditioned upon the faithful performance of the duties imposed upon the city attorney as prescribed in this chapter. Any premium for such bond shall be a proper charge against the city. (Ord. 720 (part), 2011).