Ordinance chapter · Lincoln, California

CHAPTER 2.17 - CITY ATTORNEY

2.17.010 - Office established.#

(1) The Office of City Attorney is established. The office of the city attorney shall consist of the city attorney and such assistance as may be authorized by the council. The city attorney shall administer the office and be responsible for the successful performance of its duties. He or she shall serve under the direct supervision and control of the city council as its legal advisor.

(2) The city attorney may retain or employ other attorneys, assistants or special counsel as may be needed to take charge of any litigation or legal matters, or assist the city attorney therein; provided, however, that such employment or retainer shall be reported to the city council at the soonest possible regular meeting following the employment or retainer.

(Ord. No. 975B, § 5, 9-25-2018)

2.17.020 - Compensation.#

The city attorney shall receive such compensation and expense allowance as the city council shall from time to time determine, and such compensation shall be a proper charge against such funds of the city as the city council shall designate.

(Ord. No. 975B, § 5, 9-25-2018)

2.17.030 - Appointment and removal.#

The city attorney shall be appointed by the affirmative vote of at least a majority of the city council solely on the basis of executive and administrative qualifications. The city attorney may not be removed from office, except for cause, during the first 90 days of a term of office of a councilmember.

(Ord. No. 975B, § 5, 9-25-2018)

2.17.040 - Duties of the office of the city attorney.#

The duties of the office of the city attorney shall be to:

(1) Advise the council, all city officers and department heads in all matters of law pertaining to their offices or departments;

(2) Provide legal services at all meetings of the council and planning commission, except when excused or disabled, and give advice or opinions on the legality of all matters under consideration by the council, or by any of the boards, commissions or officers of the city;

(3) Prepare and/or approve all ordinances, resolutions, agreements, contracts and other legal instruments as shall be required for the proper conduct of the business of the city and approve the form of all contracts, agreements and bonds given to the city;

(4) Prosecute on behalf of the people cases for violations of city ordinances;

(5) Defend all civil litigation filed against the city, and prosecute civil litigation advancing the interests of the city, as authorized by city council;

(6) With the concurrence of the city manager, settle or compromise claims or litigation filed against the city in the amount of $35,000.00 or less. The city attorney shall report the settlement of any such claims or litigation to the city council as soon as practicable following the final resolution of the settlement; and

(7) Perform such other legal tasks as may be required by the council or as may be necessary to complete the performance of these duties.

(Ord. No. 975B, § 5, 9-25-2018)