Chapter 2.10
LEGAL DEPARTMENT –
CITY ATTORNEY
Sections:
2.10.020 Legal department created.
2.10.030 Duties and responsibilities of department.
2.10.040 City attorney designated.
2.10.050 Duties of city attorney.
2.10.060 Acting city attorney – Office created – Duties.
2.10.010 Purpose.
The purpose of this chapter is to provide for a legal department, designate the city attorney, and establish the duties and responsibilities of the department. (Ord. 1486 § 1, 2002; Ord. 1400 § 1, 1999).
2.10.020 Legal department created.
There is established in the city a department known as the legal department which shall be under the direction of the city attorney, subject to the supervision of the mayor and/or city administrator. (Ord. 1486 § 1, 2002; Ord. 1400 § 1, 1999).
2.10.030 Duties and responsibilities of department.
The legal department shall perform the following duties and responsibilities for the city:
A. The department provides legal counsel to city officials, other departments, commissions and boards;
B. The department represents the city, city officials, and employees acting in their official capacity, in district, superior and appeals courts and other legal proceedings in which the city is involved;
C. The department provides prosecution responsibilities in municipal court;
D. The department prepares legal documents, ordinances and resolutions pertaining to city business and legal advice or assistance on issues related to labor law;
E. The department shall be responsible for the oversight of the risk management program for the city. (Ord. 1486 § 1, 2002; Ord. 1400 § 1, 1999).
2.10.040 City attorney designated.
The city attorney shall be appointed by the mayor, subject to the approval by majority vote of the city council. The city attorney shall serve at the pleasure of the mayor. (Ord. 1643 § 2, 2007; Ord. 1486 § 1, 2002; Ord. 1400 § 1, 1999).
2.10.050 Duties of city attorney.
The city attorney shall advise authorities and officers on all legal matters pertaining to the business of the city and shall approve all ordinances as to form. The city attorney 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 serve as the city’s representative to the Cities Insurance Association of Washington. The city attorney shall perform such other duties as the mayor, city administrator or city council, by ordinance, shall direct. Included in the foregoing and in addition thereto, the city attorney shall:
A. Attend all meetings of the city council, including regular, special, and interim meetings;
B. Answer inquiries from citizens for information concerning city matters;
C. Consult interested officials and officers concerning, and prepare, all resolutions, ordinances, petitions, contracts, leases, easements, deeds, notices, and other legal documents, and suggested legislation, where the responsibility for preparation is upon the city, or requested by city officials; examine and approve or suggest changes in all such instruments when the duty of preparation rests upon others than the city;
D. Advise the council, boards, commissions, department heads and other city officials and officers, rendering formal legal opinions when requested, or when it appears to the attorney necessary or advisable;
E. Prosecute in the court of criminal jurisdiction, and on appeal in appellate courts, all alleged violations of city ordinances, and actions to recover licenses, penalties and forfeitures; advise the proper officials and officers on the filing of complaints therefor;
F. Prosecute and/or defend, in courts of original jurisdiction, and on appeal, all civil actions brought by or against the city, or against officials, officers and employees in their official capacity, including condemnation proceedings; participate in consultations concerning settlement of claims against the city, or its officials, officers and employees in their official capacities; provided that where insurance counsel also defends the city, the main burden of such actions may be left to such counsel; see to the ultimate enforcement of all judgments and decrees rendered in favor of the city in any action or suit;
G. Participate in the expedition of bond issues, providing this shall not require an opinion of the validity of the bonds in any case where special bond counsel is retained by the city or any prospective bond buyer;
H. On request, participate in and consult concerning intergovernmental relations in which the city is concerned;
I. Perform such other duties as may be required by the laws of the state; provided, however, the duties of the city attorney as prescribed in this section shall not prohibit the employment of special counsel to assist the city attorney in unusual cases of a specialized nature, when such employment is authorized by the city council;
J. Be responsible for the management and supervision of department staff, budgets, and operations. (Ord. 1486 § 1, 2002; Ord. 1400 § 1, 1999).
2.10.060 Acting city attorney – Office created – Duties.
There is created the office of acting city attorney, which office shall be filled by the appointment of the mayor. The acting city attorney shall assist and when necessary substitute for the city attorney in the performance of the duties of the city attorney set forth in BMC 2.10.050, and shall assist the city attorney in his presence at such times as he may desire. The acting city attorney may engage in the private practice of law and perform duties outside the scope of duties of acting city attorney and shall be paid for such time expended while acting in the capacity as acting city attorney at that rate that is contractually agreed to by the city. (Ord. 1486 § 1, 2002; Ord. 1400 § 1, 1999).