The Department of Law shall consist of a City Attorney, and
such assistants, deputies, or clerks as the City Council may prescribe.
The City Attorney shall be an attorney-at-law, duly licensed
to practice in all the courts of California and prior to appointment
must have engaged in the practice of law in the State of California
for at least five years. Deputy City Attorneys shall be fully licensed
attorneys-at-law at the time of their appointment.
(Amended Election 10/13/53 effective 3/16/54; Amended Election 11/8/94 effective 5/22/95)
The City Council shall appoint the City Attorney, and the City
Attorney shall appoint all other members of the Department.
The City Attorney shall be the legal advisor of and attorney
and counsel for the City and for all officers, boards and departments
thereof in all matters relating to their official duties. The City
Attorney shall conduct and carry on all suits, actions, and proceedings
in behalf of or against the City, including prosecution on behalf
of the people of all criminal cases arising from violations of the
ordinances of the City; provided, however, that where there is a contractual
duty on the part of an insurance carrier for the City to defend actions
against the City, then the defense of said actions may be conducted
as provided in said contract of insurance. The City Attorney shall
prepare or approve as to form all contracts, bonds and other legal
instruments to which the City is a party, and shall endorse on each
the City Attorney's approval as to form and correctness thereof or
evidence such approval as to form in separate writings to be filed
and preserved with the records of the City Council.
(Amended Election 4/12/55 effective 5/12/55; Amended Election 10/12/71 effective 12/6/71; Amended Election 11/8/94 effective 5/22/95)
The City Attorney shall maintain custody and control, for the
period prescribed by general law in bound indexed books of records,
of all written opinions given by the City Attorney to any officer
or board and registers of all briefs and transcripts used in causes
in which the City Attorney appears in behalf of the City and of all
actions and proceedings under the City Attorney's charge. All such
books, registers and records shall be the property of the City. The
City Attorney shall deliver all such property to the successor in
office, who shall prepare receipts in duplicate therefor, one of which
shall be filed with the City Clerk.
(Amended Election 10/12/71 effective 12/6/71; Amended Election 11/8/94 effective 5/22/95)
The City Attorney shall conduct no private law practice.
(Added Election 10/12/71 effective 12/6/71)
The City Attorney shall not retain or employ outside counsel,
except as hereinabove provided, without the approval of the City Council.
(Added Election 10/12/71 effective 12/6/71)
