The office of city attorney of the City of Escondido is hereby
created.
The city attorney shall be an attorney-at-law, licensed to practice
law in this state.
The council shall appoint a city attorney, who shall hold office
during the pleasure of the council or for such term as may be provided
by an employment agreement between the city and the city attorney.
(Ord. No. 92-49, § 1)
(a) Subject
to the provisions of any employment agreement which may be in effect
between the city and the city attorney, removal of the city attorney
shall be accomplished in accordance with the provisions of this section.
(b) The
removal of the city attorney shall be only upon a three-fifths (3/5)
majority vote of the whole council, subject, however, to the provisions
of this section.
(c) In
case of his or her intended removal by the council, the city attorney
shall be furnished with a written notice stating the council's intention
to remove him or her and the reason therefor, at least 30 days before
the effective date of his or her removal.
(d) Within
seven days after the delivery to the city attorney of such notice,
he or she may, by written notification to the city clerk, request
a hearing before the council.
(e) Thereafter,
the council shall fix a time for the hearing (which shall be held
at its usual meeting place, but before the expiration of the 30 day
period) at which the city attorney shall appear and be heard, with
or without counsel.
(f) After
furnishing the city attorney with written notice, of intended removal,
the council may suspend him or her from duty, but his or her compensation
shall continue until his or her removal by resolution of the council
passed subsequent to the aforesaid hearing.
(g) In
removing the city attorney, the council shall use its uncontrolled
discretion, and its action shall be final and shall not depend upon
any particular showing or degree of proof at the hearing, the purpose
of which is to allow the city attorney to present to the council his
or her grounds of opposition to his or her removal prior to its action.
(Ord. No. 81-59, § 4, 8-12-81; Ord. No. 92-49, § 1, 12-2-92)
The city attorney shall receive such compensation as the council
shall determine.
The city attorney shall have the following prescribed duties:
(a) Advise
the city officials in all legal matters pertaining to city business.
(b) Frame
all ordinances and resolutions required by the council.
(c) Perform
other legal services required from time to time by the council.
Cross references—City attorney to assist city manager in administering the affairs of the city, § 2-4; duty to approve bond of applicant to move building or structure, § 6-326; duty to approve form of insurance policy of persons licensed to own or operate community antenna television, § 8-11; duty to approve bond of an applicant for private patrol service license, § 21-20; duty to bring civil action to abate nuisances in trailer parks, § 29-5.
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The city attorney shall have the management and control over
his or her office.
(Code 1957, §§ 1313.12—1313.14)