The office of City Attorney, as set forth in Government Code
Section 36505, is established. The City Attorney shall be appointed
by the City Council wholly on the basis of his or her qualifications.
He or she shall hold office for and during the pleasure of the City
Council.
(2152 § 1, 1990; 2813 § 1, 2012)
When a new City Council takes office following the most recent
election, there shall be a cooling-off period of 120 days, during
which time the considered replacement of an incumbent City Attorney
shall be held in abeyance. Such cooling-off period is intended as
a time for evaluation of the performance of the incumbent City Attorney
and his or her office.
(2152 § 1, 1990; 2813 § 1, 2012)
No Councilmember shall be eligible for appointment as City Attorney
until one year has elapsed after such Councilmember's term of Council
membership has ceased.
(2152 § 1, 1990; 2813 § 1, 2012)
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 herein prescribed. Any premium for such bond shall be
a proper charge against the City.
(2152 § 1, 1990; 2813 § 1, 2012)
A.
The
Assistant City Attorney shall serve as City Attorney Pro Tempore during
any temporary absence or disability of the City Attorney. In the event
that there are two Assistant City Attorneys or no incumbent occupies
such a position, the City Attorney shall file a written notice with
the City Clerk to designate the qualified assistant or other attorney
to exercise the powers and perform the duties of City Attorney. In
the event the City Attorney fails to so appoint, the City Council
shall appoint an acting City Attorney.
B.
In the
event there is no incumbent in the position of City Attorney, the
City Council shall appoint a qualified attorney to act as City Attorney
Pro Tempore or permanently.
(2152 § 1, 1990; 2813 § 1, 2012)
The City Attorney shall receive such compensation as the City
Council shall from time to time determine. In addition, the City Attorney
shall be reimbursed for all actual and necessary expenses incurred
in the performance of official duties.
(2152 § 1, 1990; 2813 § 1, 2012)
A.
The
City Attorney shall represent and defend the City; its boards and
commissions; and its officers and employees in all municipal legal
matters as required by law and directed by the City Council.
B.
Further,
the City Attorney shall perform such other duties related to municipal
affairs as may be assigned to him or her by the City Council and by
the City Manager.
(2152 § 1, 1990; 2813 § 1, 2012)
The City Attorney shall attend such meetings of the City Council
and of City boards and commissions as the City Council or the City
Manager, with approval of the City Council, shall direct.
(2152 § 1, 1990; 2813 § 1, 2012)
A.
The
removal of the City Attorney shall be effected only by a majority
vote of the whole City Council at a regular City Council meeting.
Not less than 30 days before such action can be taken, the City Attorney
shall be given a statement of deficiencies, orally, or in writing,
and an opportunity to respond.
B.
The
City Attorney may respond to the deficiencies in writing and orally
at a City Council session. At the election of the City Council, the
performance evaluation shall be held in closed session, subject only
to Brown Act requirements.
(2152 § 1, 1990; 2813 § 1, 2012)
The terms and conditions of employment of the City Attorney
shall be established by ordinance or by resolution of the City Council.
(2152 § 1, 1990; 2813 § 1, 2012)
