The city attorney shall, at the time of his appointment, be
an attorney duly admitted to practice law in the State of California,
and shall have been actually engaged in the practice of law in this
state for a period of at least four years next before his appointment.
He shall appoint and remove all such deputies and assistants as the
council may authorize, subject to the approval of the council. (1921;
1923; Charter Amendment No. 2, 1977.)
It shall be his duty when directed by the council to prosecute
on behalf of the people, all criminal cases for violations of this
Charter and of city ordinances, and to attend to all suits and other
matters to which the city is a party or in which the city may be legally
interested. He shall be in attendance at every meeting of the council,
unless excused therefrom, by the mayor or the council. He shall give
his advice or opinion in writing whenever required by the council
or other officers. He shall be under the administrative direction
of the city manager and shall be the legal advisor of all city officers;
he shall approve the forms of all bonds given to and all contracts
made with the city; he shall, when required by the council, or any
member thereof, draft all proposed ordinances for the city, and amendments
thereto; and shall do and perform all such things touching his office
as the council may require of him, and at the expiration of his term
shall surrender to his successor all books, papers and documents pertaining
to the city's business. (Charter Amendment No. 2, 1977.)
He [the city attorney] shall receive as compensation a salary
to be taxed by ordinance and unless the council shall require him
to devote all his time to the duties of his office, he shall receive
in addition thereto, such reasonable fees as the council may allow
for suits or proceedings before any court or commission in which he
has been directed by the council to act or appear.
Editor's Note: The words enclosed in brackets in
this section were added by the editor for the purpose of clarification.
The council shall have power to direct and control the prosecution
and defense of all suits and proceedings to which the city is a party
or in which it is interested, and may employ counsel to assist the
city attorney therein.
[1]
It was held in the case of Marr v. Southern California Gas
Co. et al., 198 Cal. 278, 245 P. 179, that the council has the power
to engage and pay an attorney to assist the city attorney in connection
with proceedings in which the city is interested.
