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HomeMy WebLinkAbout1978-12-05; City Council; 1212; CMC 2.14 adds - City Attorney established & defined1 2 3 4 5 6 7 a 9 10 11 12 n 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 121 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 2 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 2.14 ESTABLISHING THE OFFICE OF THE CITY ATTORNEY OF THE CITY OF CARLSBAD AND DEFINING THE POFlERS AND DUTIES OF THAT OFFICE. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: Title 2 of the Carlsbad Municipal Code is amended by the addition of Chapter 2.14 to read as follows: "Chapter 2.14 CITY ATTORNEY Sections : 2.14.010 2.14.020 2.14.030 2.14.040 2.14.050 2.14.060 2.14.070 2.14.080 2.14.090 2.14.100 2.14.110 2.14.120 2.14.130 2.14.140 Office created. Appointment; qualifications. Eligibility of council members for position. Compensation. Powers and duties. Council--City attorney relations. Departmental cooperation. Removal of city attorney. Limitation on removal. Agreements on employment. Resignation. Management and control of office. Employment of special counsel. Limitation upon private practice. 2.14.010 Office created. The office of the city attorney is hereby created and established. 2.14.020 Appointment; qualifications. The city attorney shall be appointed by the city council wholly on the basis of his Legal ability and experience, particularly in the municipal law field. to practice law in the State of California. The city attorney shall be an attorney-at-law licensed 2.14.030 Eligibility of council members for position. 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. L 1 2 3 4 5 6 7 8 9 LO 11 2.14.040 Compensation. 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 in the performance of his official duties. On termination of employment of the city attorney by reason of involuntary removal from service other than for willful 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 month's pay, such pay to be computed at the highest salary received by the city attorney during his service with the city. Involuntary removal from service shall include reduction in pay not applicable to all employees of the city. the chief legal officer of the city under the direction and control of the city council, except as otherwise provided in this chapter, and shall have the following powers and duties: boards and commissions or any city officer, when requested, upon all legal questions arising in the conduct of city business. requested by the city council or by the city manager. other documents or procedures affecting the legal position of the city. (4) Give his opinion upon any legal matter or question submitted to him by the city council, any board or commission of the city, the city manager, or any other city officer. (5) 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. of the city as he shall deem necessary and proper or as the city council may direct. (7) 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. (a) in which the city has an interest to the city manager and the city council. (b) Make an annual report to the City manager and the city couneil as of July 31 of each year of all pending litigation in which the city has an interest and the condition thereof and of the state of his office. hearings and court proceedings, both civil and criminal. affecting the city. committees and regulatory agencies as the city council may direct. 2.14.050 Powers and duties. The city attorney shall be (1) Advise the city council, its committees, its various (2) Prepare or revise ordinances or resolutions when so (3) Make recommendations for ordinances, resolutions or (6) Attend such meetings of other boards and commissions (8) Make the following reports: Immediately report the outcome of any litigation (9) Enforce city laws and regulations through office (10) Review and analyze all state and federal legislation (11) Appear on behalf of the city before such legislative 2. c 2.14.080 Removal of city attorney. 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 his intended removal by the city council, the city attorney shall be furnished with a written notice citing the council's action to remove him at least thirty days before the effective date of his 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 fifteen 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 from duty, but his compensation shall continue until the date of his 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, he 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 thirty-day period, at which the city attorney shall appear and be heard, with or without counsc?l. (b) Suspension pending hearing. After furnishing the city attorney with written notice of intended removal, the city council may suspend him from duty, but his compensation shall continue until his removal by action of the council passed sub- sequent to the aforesaid hearing. the city council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular (c) Discretion of council. In removing the city attorney, 1 2 3 4 5 e 'i E 5 1c 11 If 0 a- 1s 2( 21 22 22 24 2E 26 2'; 2E (12) 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. (13) Perform such other duties as may be imposed by statute, by any ordinance of the city or by other action of the city council. (14) Deliver all records, documents and property of every description in his possession belonging to his office or to the city to his successor in office. 2.14.060 Council-city attorney relations. The city attorne shall take his 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. 2.14.070 Departmental cooperation. 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 office. 3. * . 1 2 3 4 5 6 7 8 9 10 11 12 0 6 19 20 21 22 23 24 25 26 27 28 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 grounds of opposition to his removal prior to its action. 2.14.090 Limitation on removal. Notwithstanding the provision of Section 2.14.080 hereinabove set forth, the city attorney shall not be removed from office, other than for mis- conduct in office, during or within a period of ninety 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 office. ninety-day period aforementioned, the provisions of Section 2.14.08C as to the removal of the city attorney shall apply and be effective. After the expiration of the 2.14.100 Agreements on employment. 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 zity attorney delineating additional terms and conditions of smployment not inconsistent with any provisions of this chapter. 2.14.110 Resignation. The city attorney shall provide mitten notice, in the event of his resignation, to the city council at least thirty days prior to his termination date. The zity council may waive this provision at their sole discretion. 2.14.120 Management and control of office. The city sttorney shall have the management and control over his office. 2.14.130 Employment of special counsel. Whenever the city council deems it to be in the best interests of the city, it may smploy special counsel to handle particular legal matters of the zity, upon such terms as the city council shall deem proper. 2.14.140 Limitation upon private practice. The city sttorney shall not engage in the private practice of law without the consent of the city council, and then only upon such conditions 3s the city council may impose." EFFECTIVE DATE: This ordinance shall be effective thirty 3ays after its adoption, and the City Clerk shall certify to the 2doption of this ordinance and cause it to be published at least mce in the Carlsbad Journal within fifteen days after its 3doption. INTRODUCED AND FIRST READ at a regular meeting of the zarlsbad City Council held on the 21st day of November , 1978, 4. ind thereafter PASSED AND ADOPTED at a regular meeting of said Council ield on the 5th day of December , 1978 by the following Tote to wit: AYES : Councilmen Packard, Skotnicki, Anear, Lewis and NOES : None Counci lwoman Cas1 er 2TTEST : /!4?zAk/4 RONALD A. PACKARD, Mayor du lerk (SEAL) 5.