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HomeMy WebLinkAboutOrd 1027ORDINANCE NO. 1027 ESTABLISHING A LEGAL DEPARTMENT SECTION 1. Chapter 3.05 is hereby added to the Municipal Code.of"the City' of Burlingame, to read as follows: "CHAPTER 3.05 CITY ATTORNEY Section 3.05. 010: Legal Department Created A legal department is hereby created which shall be under the direction of the city attorney, who shall be responsible to the city council, and shall consist of the city attorney., and such other employees as the city ' council may approve. Section 3. 05. 020: City Attorney The city attorney shall be selected and appointed by the city council on the basis of his qualifications, with special reference to his actual ex- perience in the field of municipal law and in respect to the duties of his office as hereinaftersetforth. He shall hold office at and during the pleasure of the city council. He may be suspended or removed by a four- fifths vote of the city council. The position of city attorney shall be a full-time position and the appointee shall. not be entitled to engage in private practice, nor shall he be entitled to make court appearan ces except on behalf of the city. To I� become and remain eligible for this position, the appointee shall be an attorney duly admitted and qualified to practice in the Supreme Court of the State of California, and -- - shall have been an active member in good standing of the State Bar of California for at least five years prior to his appointment. Nothing contained in this chapter shall be construed to prohibit the city council from retaining special counsel to represent the it 1 city in certain legal. matters, nor to prevent the council from retaining the services of a qualified attorney-at-law on a full or part-time basis to act as city attorney, de facto= or de jure, upon the discharge, resignation or disability of any city attorney appointed pursuant to this chapter, Section 3.05. 030; Compensation and Expenses .The city attorney shall receive such compensation and expense allowance as the city council shall, from time to time, determine, and said compensation and expenses shall be a proper charge against such funds of the: city as the city council shall designate. Section 3. 05, 040: Powers and Duties In addition to the powers and duties set forth in the Government Code of the State of California, the city attorney shall: A. Represent and advise the city council and all city officers upon all matters of law pertaining to the city and to their office. B. Frame all ordinances and resolutions required by the city council. C. Represent and appear for the city, its authorized agents, officers, and employees, in any and all actions and proceedings in which the city, or its agents, officers, or employees, in or by reason of their official capacity only, is concerned or is a party thereto. The city council shall have control of all legal proceedings, however, and shall direct and control the prosecution and defense of all actions and proceedings to which the city is a party or in which it is interested, and may employ special counsel, if it feels the interests of the city require same, to assist the city attorney, 2 or to prosecute or defend in any such action or proceeding. D. Attend allmeetings of the city council and planning commission. E. Render legal opinions or advice, in writing, when- ever requested so to do by the -council or any of the city boards, commissions, or city officers. F. Approve the form and execution of all bonds, contracts and other instruments to which the city is a party. G. Specify the minimum requirements of insurance policies and bonds required to be filed with the city, and no such policy or bond shall be deemed to satisfy legal require- ments of the city unless in conformity with such specifications or otherwise approved by the city attorney. H. Devote such time to the duties of his office, and attend such conferences, meetings, and proceedings as the council may specify from time to time, and as shall be deter- mined by the work requirements of the legal department. I. Keep on file in his office all written communications, opinions, briefs and papers used in the normal course of legal activities of this department. He shall deliver all books, records, papers, documents, and property of every descrip- tion, belonging to the City, to his successor in office. J. Act as director of the legal department, subject to the general administrative direction of the city council. Section 3.05.050: Other Personnel 3 The appointment and removal of assistants, clerical and steno- graphic personnel as are authorized to be employed in the legal department shall be governed by the provisions of the Civil Service System of the city. 3 SECTION 2. - Section 3. 52. 010(d)(2) of this Code is hereby repealed. SECTION 3. This ordinance shall be published as required by law. Mayor I, HERBERT K. WHITE, City Clerk of the City of Burlingame, do hereby cerify that the foregoing Ordinance was introduced at a regular meeting of the City Council held on the 16 dayof December, 1974, and adopted thereafter at a regular meeting of the City Council held on the 6th day of January 197 5, by the following vote: AYES: COUNCILMEN: Ayastrup—Crosby—CusickHarrison Iiangini NOES: COUNCILMEN:1VOn2 ABSENT: COUNCILMEN: mane 0 City Clerk