Chapter 2.24
CITY ATTORNEY

Sections:

2.24.010    Position to be appointive when.

2.24.020    Appointment by mayor – Approval required.

2.24.030    Powers and duties designated – Scope.

2.24.010 Position to be appointive when.

Commencing with the expiration of the present term of office, the position of city attorney shall be made appointive, as provided by RCW 35.24.020. (Ord. 1536 § 1, 1967).

2.24.020 Appointment by mayor – Approval required.

The city attorney shall be appointed by the mayor, subject to the approval by majority vote of the city council. (Ord. 1536 § 2, 1967).

2.24.030 Powers and duties designated – Scope.

Pursuant to RCW 35.24.110, laws of the state of Washington, the duties of the city attorney shall be as follows:

A. Advise the city authorities and officers in all legal matters pertaining to the business of the city;

B. Approve all ordinances as to form;

C. Represent the city in all actions brought by or against the city or against city officials in their official capacity, subject to the provisions of paragraphs F and G hereof;

D. Attend all regularly scheduled meetings of the city council, and any special meetings upon the request of the mayor or the city council;

E. Prosecute all criminal cases in which the city is a party in the various district courts of Skagit County;

F. Defend all actions in the various district courts of Skagit County, in which the city or its official or officials are a party, unless the city’s insurer owes a defense;

G. Participate and cooperate with the counsel for the city’s insurer in all claims against the city in any court, subject to paragraph J hereof. In addition, the city attorney shall have primary responsibility for the defense of such cases until defense counsel engaged by the city’s insurer shall have appeared therein;

H. Draft such documents as may from time to time be required in the ordinary course of city business, such as, but not necessarily limited to:

1. Resolutions,

2. Deeds,

3. Easements,

4. Ordinances and amendments thereof,

5. Notices;

I. Examine all conveyances of real property or interests therein made by the city, and it shall be the duty of the proper officials to refer such documents to the city attorney prior to delivery;

J. Answer inquiries from citizens for information concerning city matters;

K. Perform such other duties as may be required by law or may from time to time be requested by the mayor or city council; provided, however, that for all matters requiring appearance in superior court or any appellate courts the city attorney shall be compensated in addition to his regular salary and allowances at a rate based upon and not to exceed (unless by special resolution) the minimum fee schedule adopted by the bar association of the county wherein the appearances are made; and provided further, that when the city attorney is called upon to perform unusual, extraordinary or particularly complex and/or time-consuming duties, additional compensation shall be paid him based upon mutual agreement with a majority of the council and with regard to the time required and the Skagit County Bar Association minimum fee schedule then in effect.

Nothing herein contained shall be construed to prohibit the private practice of law by the city attorney, nor as prohibition against the use of special counsel to assist the city attorney when authorized by the city council. (Ord. 1564 § 1, 1968).