The office of the City Attorney is created and established.
(Ord. 1212 § 1, 1978)
The City Attorney shall be appointed by the City Council wholly
on the basis of his or her legal ability and experience, particularly
in the municipal law field. The City Attorney shall be an attorney-at-law
licensed to practice law in the state.
(Ord. 1212 § 1, 1978)
No member of the City Council shall be eligible for appointment
as City Attorney until one year has elapsed after such council member
has ceased to be a member of the City Council.
(Ord. 1212 § 1, 1978)
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 by him or her in the performance of
his or her official duties.
On termination of employment of the City Attorney by reason
of involuntary removal from service other than for wilful misconduct
in office, the City Attorney shall receive cash severance pay in a
lump sum equal to one month's pay for each of the first three years
of continuous service or fraction thereof as City Attorney, not to
exceed a total of three months' pay, such pay to be computed at the
highest salary received by the City Attorney during his or her service
with the city. Involuntary removal from service shall include reduction
in pay not applicable to all employees of the city.
(Ord. 1212 § 1, 1978)
The City Attorney shall be the chief legal officer of the city
under the direction and control of the City Council. The City Attorney
will also act as the legal counsel for the municipal water district
(district), and report directly to the Board of Directors. Except
as otherwise provided in this chapter, the City Attorney shall have
the following responsibilities for both the city and district:
A.
Advise
the City Council, its committees, its various boards and commissions
or any city officer, when requested, upon all legal questions arising
in the conduct of city business;
B.
Prepare
or revise ordinances or resolutions when so requested by the City
Council or by the City Manager;
C.
Make
recommendations for ordinances, resolutions or other documents or
procedures affecting the legal position of the city;
D.
Give
his or her opinion upon any legal matter or question submitted to
him or her by the City Council, any board or commission of the city,
the City Manager, or any other city officer;
E.
Attend
all City Council meetings, unless excused by the City Council, for
the purpose of giving the City Council any legal advice requested
by its members;
F.
Attend
such meetings of other boards and commissions of the city as he or
she shall deem necessary and proper or as the City Council may direct;
G.
Prepare
for execution, or approve as to form, all contracts and instruments
to which the city is a party, and approve as to form and for filing
all bonds and insurance policies submitted to the city;
H.
Make
the following reports:
1.
Immediately
report the outcome of any litigation in which the city has an interest
to the City Manager and the City Council;
2.
Make
an annual report to the City Manager and the City Council as of July
31st of each year of all pending litigation in which the city has
an interest and the condition thereof and of the state of his or her
office;
I.
Enforce
city laws and regulations through office hearings and court proceedings,
both civil and criminal;
J.
Review
and analyze all state and federal legislation affecting the city;
K.
Appear
on behalf of the city before such legislative committees and regulatory
agencies as the City Council may direct;
L.
Represent
the city in all legal actions to which the city is a party and for
which other arrangements for legal counsel have not been made;
M.
Perform
such other duties as may be imposed by statute, by any ordinance of
the city or by other action of the City Council;
N.
Deliver
all records, documents and property of every description in his or
her possession belonging to the City Attorney's office or to the city
to his or her successor in office.
(Ord. 1212 § 1, 1978; Ord. NS-160 § 2, 1991)
The City Attorney shall take his or her orders and instructions
from the City Council only when sitting in a duly convened meeting
of the City Council, and no individual council member shall give any
orders or instructions to the City Attorney. However, any council
member may, as an individual, request pertinent information on municipal
affairs from the City Attorney. These requests will be answered promptly.
(Ord. 1212 § 1, 1978)
It shall be the duty of all subordinate officers and the City
Clerk, City Treasurer and City Manager to assist the City Attorney
in carrying out the functions of his or her office.
(Ord. 1212 § 1, 1978)
The removal of the City Attorney shall be effected only by a
majority vote of the whole City Council as then constituted, convened
in a regular council meeting. In case of the City Attorney's intended
removal by the City Council, the City Attorney shall be furnished
with a written notice citing the council's action to remove him or
her at least 30 days before the effective date of his or her removal.
If the City Attorney so requests, the City Council shall provide in
writing reasons for the removal, which shall be provided the City
Attorney within seven days after the receipt of such request from
the City Attorney, and at least 15 days prior to the effective date
of such removal. After furnishing the City Attorney with written notice
of removal, the City Council may suspend him or her from duty, but
the City Attorney's compensation shall continue until the date of
his or her removal has been established by action of the council.
The removal of the City Attorney is subject to the following subsections:
A.
Hearing.
Within seven days after the delivery to the City Attorney of such
notice of intention to remove, the City Attorney may, by written notification
to the City Clerk, request a hearing before the City Council. Thereafter,
the City 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.
B.
Suspension
Pending Hearing. After furnishing the City Attorney with written notice
of intended removal, the City Council may suspend him or her from
duty, but the City Attorney's compensation shall continue until his
or her removal by action of the council passed subsequent to the aforesaid
hearing.
C.
Discretion
of Council. In removing the City Attorney, the City 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 City Council his or her grounds of opposition to his
or her removal prior to its action.
(Ord. 1212 § 1, 1978)
Notwithstanding the provision of Section 2.14.080, the City Attorney shall not be removed from office, other than for misconduct in office, during or within a period of 90 days next succeeding any general or special municipal election held in the city, at which election a member of the City Council is elected or when a new City Council Member is appointed. The purpose of this provision is to allow any newly elected or appointed member of the City Council or a reorganized City Council to observe the actions and ability of the City Attorney in the performance of the powers and duties of his or her office. After the expiration of this 90-day period, the provisions of Section 2.14.080 as to the removal of the City Attorney shall apply and be effective.
(Ord. 1212 § 1, 1978)
Nothing in this chapter shall be construed as a limitation on
the power or authority of the City Council to enter into any supplemental
agreement with the City Attorney delineating additional terms and
conditions of employment not inconsistent with any provisions of this
chapter.
(Ord. 1212 § 1, 1978)
The City Attorney shall provide written notice, in the event
of his or her resignation, to the City Council at least 30 days prior
to his or her termination date. The City Council may waive this provision
at its sole discretion.
(Ord. 1212 § 1, 1978)
The City Attorney shall have the management and control over
his or her office subject to all applicable personnel ordinances,
rules and regulations.
(Ord. 1212 § 1, 1978; Ord. NS-793 § 4, 2006)
Whenever the City Council deems it to be in the best interests
of the city, it may employ special counsel to handle particular legal
matters of the city, upon such terms as the City Council shall deem
proper.
(Ord. 1212 § 1, 1978)
The City Attorney shall not engage in the private practice of
law without the consent of the City Council, and then only upon such
conditions as the City Council may impose.
(Ord. 1212 § 1, 1978)
