HomeMy WebLinkAboutMC-374
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ORDINANCE NO.
HC-374
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ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 2.20
TO THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE FOR THE
COORDINATION AND CENTRALIZATION OF MUNICIPAL LEGAL SERVICES AND
THE RETENTION OF SPECIAL COUNSEL THEREFOR IN CERTAIN INSTANCES.
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WHEREAS, the Charter of the City of San Bernardino, Section
55 (d) provides in part that "The City Attorney shall be the chief
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legal officer of the City; . . . shall represent and appear for
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the City in all legal actions brought by or against the City,
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and otherwise to do and perform all services incident to his
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position and required by statute, this Charter or general law";
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and
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WHEREAS, Charter Section 241 authorizes the Mayor and Common
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Council to employ "such legal counsel and services and other
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assistants, as may be necessary and proper for the interest and
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benefit of the City and the inhabitants thereof"; and
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WHEREAS, the Mayor and City Attorney are duly elected
officers of the City, and Section 40(x) of the Charter provides
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that, "Council shall have power to prescribe by ordinance the
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duties of all officers whose duties are not defined by this
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Charter, and to prescribe for any officer, duties other than
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herein prescribed."; and
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WHEREAS, it is necessary that Council interpret, reconcile,
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and implement the foregoing Charter provisions pursuant to the
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authority granted by Section 40(aa) of the Charter "to pass
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ordinances and to do and perform any and all other acts and things
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necessary and proper to complete execution of the powers vested
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by law or this Charter, or inherent in the municipality, or that
may be necessary or proper for the general welfare of the City or
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its inhabitants."; and
WHEREAS, special counsel may be retained in certain
instances in specialized fields of law such as bond financing,
workers compensation liability, public and property damage
liability, and water matters and other specialized fields, it is
necessary that the performance of municipal legal services and
the retention of special counsel therefor in certain instances be
coordinated and centralized through the City Attorney in order to
minimize cost, avoid duplication, provide centralized control,
assure the quality of legal services, and protect the attorney-
client privilege of the City.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2.20 is added to the San Bernardino
Municipal Code to read as follows:
"CHAPTER 2.20
SPECIAL COUNSEL SERVICES
2.20.010 Definitions.
A. 'City' shall mean the City of San Bernardino,
California.
B. 'City Attorney' shall mean the City Attorney or, in his
or her absence, the Assistant City Attorney, or in the latter's
absence, the highest ranking Deputy City Attorney available.
C. 'Council' shall mean the Mayor and Common Council as
that term is defined in Section 40 of the San Bernardino City
Charter.
D. 'Special counsel' shall mean an attorney at law licensed
to practice in the State of California who specializes in a field
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such as bond financing, workers compensation liability, public
and property damage liability, water matters or other specialized
field.
2.20.020 Coordinated legal services.
The performance of all municipal legal services shall be
coordinated, centralized and processed through the City Attorney,
subject to the provisions of this chapter. Any summons or claim
served upon the Mayor or City Clerk or other City officer shall
be transmitted to the City Attorney immediately upon receipt.
2.20.030 Requests for legal services.
Requests for the performance of legal services for the City
or any City officer or department thereof shall be directed to
the City Attorney. Requests for legal services other than oral
advice shall be made in writing.
2.20.040 Retaining special counsel.
Special counsel shall be retained by the Council pursuant to
Charter Section 241 subject to the recommendation of the City
Attorney that such counsel is necessary in instances when legal
specialization not possessed by the City Attorney is required or
when the City Attorney is unable or disqualified from performing
such legal services. Special counsel shall not be retained when
the City Attorney is willing and able to perform the legal
services as a part of the ordinary professional functions of his
or her office. The City Attorney shall advise the Mayor and
Common Council as to the experience and qualifications of
attorneys considered for retention as special counsel.
2.20.050 Scope of legal services.
The scope and cost of the legal services to be performed by
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special counsel shall be authorized and delineated by the
Council, and the scope of such services shall not be modified
except when relevant to such authorization, as determined by the
Ci ty Attorney.
2.20.060 Legal services procedures.
The product of legal services performed by special counsel
shall initially be presented to the City Attorney for review and
coordination before final submission to prevent duplication and
to enhance the quality of legal services. Special counsel shall
consult with the City Attorney concerning the legal services
prior to completion. The City Attorney and special counsel shall
be named as co-counsel in any court case or legal proceeding
instituted. Any request or directions made to special counsel
from any City officer shall be coordinated through the City
Attorney. The City Attorney shall be briefed and informed prior
to legal services being presented to or performed on behalf of
any City official or officer.
2.20.070 Outside counsel.
Any City officer requesting legal services concerning City
business from outside private or public legal counsel Cother than
special counsel retained by the Council) shall first inform the
City Attorney of such intended request for outside legal services
and shall not utilize such legal services without the approval of
the City Attorney or Council.
2.20.080 Confidentiality of matters related to prospective
or pending litigation.
The Council at a public meeting may authorize and appoint
the Mayor or not more than three members from the Council to act
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,
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as its representative or representatives, subject to coordination
with the City Attorney, in communicating or conferring with
special counsel retained in special matters or court actions.
Unless authorized or appointed by the Council to communicate or
confer with special counsel, neither the Mayor nor any member of
the Council shall confer with or give any direction to special
counsel concerning the case or court action, unless done in a
closed session held during meetings of the Council. This
provision shall not limit the right of the Mayor or any Council
member to obtain information concerning any such matter or court
action from the City Attorney.
The Council shall limit discussion of the City's position in
litigation, except as to matters which are of public record, to
closed sessions and shall keep attorney-client communications and
discussions at such closed sessions private and confidential."
SECTION 2. SEVERABILITY. If any section, subsection,
subdivision, paragraph, sentence, clause or phrase of this
ordinance or any part thereof is for any reason held to be
unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance or any part thereof.
The Council hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause or
phrase thereof, irrespective of the fact that anyone or more
sections, subsections, subdivisions, paragraphs, sentences,
clauses or phrases be declared unconstitutional.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held
regular
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on the ___~ day of
, 1984, by the following
June
vote, to wit:
AYES:
Council Members
Castaneda, Reilly, Hernandez,
Marks, Frazier, Strickler
NAYS:
None
ABSENT:
Council Member Quiel
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The foregoing ordinance is hereby ..tt ",,_,1 rl1is
day
of
June
, 1984.
Mayor of the City of San Bernardino
Approved as to form:
~~~ J)?<Jh.~f
City At orney
I hereby disapprove of the foregoing ordinance for the following reasons:
A) Said ordinance violates Sections 50 and 52 of the Charter of the City
of San Bernardino in that it Ivill do the following:
1) Inhibit the t1ayor's duty to "cause the strict enforcement of all
laws and ordinances within his jurisdiction."
2) Shall inhibit the 11ayor's duty to"dil igently observe the official
conduct of all public officers and take notice of the fidelity and
exactitude, or want thereof, with Wilich they execute their duties and
obligations."
3) Shall inhibit the Mayor's duty to exercise "general supervision over
all of the departments and public institutions of the City."
4) Shall inhibit the Mayor's duty to see that all departments and publ ic
institutions within the City are "honestly, economically, and lawfully
co nd ucted. "
5) Will inhibit the !.iayor's duty to "see that all contracts and agreemen
with the City are faithfully kept and fully performed."
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Shall inhibit the Mayor's duty and responsibility to have
"general supervision of all City officers, elected and
appointed, except councilmen."