Chapter 2.06
OFFICE OF CITY ATTORNEY
Sections:
2.06.010 DEPARTMENT CREATED.
There is hereby created the Office of the City Attorney which shall serve as the Legal Department for the City pursuant to the laws of the State of Washington and the Charter of the City of Bremerton for the purpose of representing the City in all legal matters involving the City. The office shall be managed by the City Attorney who shall serve as its director, and who shall be responsible for hiring and supervising employees of the office. The City Attorney shall oversee and manage the civil and prosecution divisions of the office. The City Attorney shall also oversee and manage the Office of Risk Management established pursuant to Chapter 2.92 BMC, the Office of Human Resources established pursuant to Chapter 2.11 BMC, and the Office of City Clerk established pursuant to Chapter 2.07 BMC. (Ord. 5350 §2 (part), 2018: Ord. 5232 §1 (part), 2013: Ord. 5075 §1, 2009: Ord. 4966 §3, 2006: Ord. 4808, Amended, 07/26/2002; Ord. 4793, Amended, 05/05/2002; Ord. 4152 §1, 1988)
2.06.020 APPOINTMENT.
The City Attorney shall be appointed by the Mayor subject to confirmation by the City Council. The resignation of the City Attorney shall be effective upon the acceptance of resignation by the Mayor. (Ord. 5350 §2 (part), 2018: Ord. 5232 §1 (part), 2013: Ord. 4808, Added, 07/26/2002)
2.06.030 DUTIES.
To accomplish the directives of the City Charter and requirements of state law, the functions of the Office of the City Attorney shall include, but not be limited to:
(a) Advise the Mayor, boards, commissions, department heads, Council and its committees, and other City officials and officers, including the rendering of formal legal opinions when so requested or when it appears to the Attorney advisable to do so.
(b) Attend all regular and special meetings of the Council, unless excused by the President of the Council.
(c) Prepare, draft, approve as to form, or supervise the preparation of ordinances, resolutions, leases, deeds, contracts and/or agreements, and such other and similar instruments as may be required by the business of the City.
(d) Represent the City in criminal prosecutions in Municipal Court and appellate courts.
(e) Represent the City in all litigation and administrative proceedings in which the City is involved either as a plaintiff or defendant, or recommend the appointment of special counsel therein.
(f) Attend meetings of the Civil Service Commission, pension boards, and other commissions, boards, or committees required by law, or as directed by the Council, or represented by the chair of such board or commission.
(g) Facilitate bond issues; provided, this shall not mean the rendering of an opinion on the validity of the bonds in any case where special bond counsel has been retained by the City or by any prospective bond buyer.
(h) On request of the Mayor or Council participate in intergovernmental relations affecting the City.
(i) Keep litigation files and records, and copies of all other official written communications, and deliver same to successors of the Office of the City Attorney.
(j) Direct or participate in proceedings for the vacation of streets, condemnation of land, land acquisition, sale of surplus properties, and related legal transactions.
(k) Prepare and administer the budget for the Office of the City Attorney.
(1) Serve as advisor and/or participant in labor negotiations and approve labor contracts as to form.
(m) Coordinate and assist in obtaining information and legal opinion from municipal research as requested by the Mayor, Council President, or Chair of the Audit Committee.
(n) Prepare and/or approve ballot measures and levies.
(o) Interpret substance, form, and applicability of the City Charter and ensure consistency of all ordinances, resolutions, and administrative rules therewith.
(p) Manage the Office of Risk Management.
(q) Manage the Office of Human Resources.
(r) Manage the Office of City Clerk. (Ord. 5350 §2 (part), 2018: Ord. 5232 §1 (part), 2013: Ord. 5075 §2, 2009: Ord. 4966 §4, 2006: Ord. 4808, Amended, 07/26/2002; Ord. 4152 §1, 1988)
2.06.040 OUTSIDE EMPLOYMENT.
The City Attorney and Assistant City Attorneys shall not engage in any legal practice outside the Office of the City Attorney that would interfere or conflict with the duties of this office. (Ord. 5350 §2 (part), 2018: Ord. 5232 §1 (part), 2013: Ord. 5029 §1, 2007: Ord. 4808, Amended, 07/26/2002; Ord. 4152 §1, 1988)