Chapter 2.13
CITY ATTORNEY
Sections:
2.13.010 Powers and duties.
The city attorney shall be the legal counsel of the city government under the direction and control of the city council, except as otherwise provided in this chapter. He/she shall be responsible for the efficient administration of the legal affairs of the city that are under his/her control. In addition to his/her general powers as the legal counsel, and not as a limitation thereon, it shall be his/her duty and have the power to:
A. Represent and advise the city council and all city officers in all matters of law pertaining to their offices;
B. Represent and appear for the city in any or all actions or proceedings in which the city is concerned or is a party, including the prosecution of violations of this municipal code and ordinances enacted by the city council, and represent and appear for any city officer or employee, or former city officer or employee, in any or all actions and proceedings in which any such officer or employee is concerned or is a party for any act arising out of his/her employment or by reason of his/her official capacity provided the interest of the city in such action or proceeding is not adversely affected;
C. Attend all regular meetings of the city council, unless excused, and give his/her advice or opinion in writing whenever requested to do so by the city council or by any of the boards or officers of the city;
D. Approve the form of all contracts in the amount of $10,000 or more made by and all bonds given to the city, endorsing his/her approval thereon in writing;
E. Review any and all proposed ordinances or resolutions for the city and amendments thereto;
F. Join in amicus briefs if there is no cost to the city;
G. Surrender to his/her successor all books, papers, files and documents pertaining to the city’s affairs;
H. The city council shall have control of all legal business and proceedings and city attorney may employ other attorneys to take charge of any litigation or matter to assist the city attorney therein;
I. Recommend to the city council for adoption such measures and ordinances as he/she deems necessary or proper;
J. Be responsible for all activities and services of the city attorney’s office and exercise purchasing authority as set forth in the purchasing policy adopted by city council;
K. Appoint and remove those employees of the city attorney’s office allocated by the city council through the annual city budget as necessary and appropriate to assist the city attorney in performance of the duties and responsibilities of the office;
L. The city attorney shall take orders, directions and instructions from the city council only when sitting in a duly held meeting of the council, and no individual council member shall give any order or instruction to the city attorney;
M. Perform such other duties and exercise such other powers as may be delegated to him or her from time to time by the city council. [Ord. 19-1462 § 2, 2019.]
2.13.020 Appointment.
The city attorney shall be appointed by the city council solely on the basis of his/her legal qualifications and ability. He/she shall be an attorney admitted to practice in the state of California and shall have been in actual practice for at least eight years preceding his/her employment. [Ord. 19-1462 § 2, 2019.]
2.13.030 Compensation.
The city attorney shall receive such salary, benefits and compensation for his or her services as the city council shall from time to time prescribe by resolution. 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. [Ord. 19-1462 § 2, 2019.]