HomeMy WebLinkAbout42-City Attorney
.'
_crrQ OF SAN BERNARDIC - REQUEQr FOR COUNCIL AC'CbN
From:
R~lph H. prin!t!C'D.-AOMIM. OFF. Subject: City Attorney Transition
C~ty Attorney .
city Attorney 1981 APR 24 PH 41 03 .Af~
April 24, 1987 /,.-
Dept:
Date:
Synopsis of Previous Council action:
On April 20, 1987, the Mayor and Common Council adopted a
motion requesting the City Attorney to provide a legal
opinion in writing delineating a plan of transition with
dates and times.
Recommended motion:
None.
M?~g
Signature
Contect person: Ralph H. Prince Phone: 5255
Supporting deta attached: N/A Werd: N/A
FUNDING REQUIREMENTS: Amount: N/A
Source: (ACCT. NO.)
(ACCT. OESCRIPTION)
Flnence: N/A
Council Notes:
n.Gtl2
Agenda Item No.
~L.
t
. CIT~OF SAN BERNARDIIO - REQUEQ- FOR COUNCIL AC-Q)N
STAFF REPORT
The original transition plans were not implemented because
Mr. Penman caused morale problems in the office of the City
Attorney. The Senior Assistant City Attorney will leave at
the end of April, the Assistant City Attorney may remain
until the end of May, one legal secretary resigned effective
April 9, 1987, another legal secretary resigned effective
April 22, 1987, and another secretary will resign effective
at the end of May, 1987.
The retention of the entire staff of the City Attorney during
the transition would have been the best program for the City
of San Bernardino. However, because of such morale problems,
it became obvious that the original plan was untenable and
would have created further disruption in the office.
The City Attorney is utilizing temporary services to perform
the duties of two legal secretarial positions, and will use
the present legal staff to perform legal services. The
Redevelopment Agency has already received approval to utilize
temporary private legal services during the month of May,
1987, which is more feasible than the City Attorney hiring an
attorney for a period of thirty days.
Mr. Penman has requested that the City Council retain him as
special counsel in order that he may attend closed sessions
of the Mayor and Common Council concerning pending and
prospective litigation. A far more prudent course of action
would be for him to consult with Risk Management and review
the pending litigation files. I am in support of this review
of litigation files by Mr. Penman provided he pledges strict
confidentiality concerning those files.
The San Bernardino Code and case law only permits the hiring
of outside counsel when "legal specialization not possessed
by the City Attorney is required or when the City Attorney is
unable or disqualified from performing such services." San
Bernardino Municipal Code Section 2.20.040. The approval of
his request would not only violate the law, but would
establish a precedent for the hiring of outside special
counsel for other than the authorized reasons. Moreover, I
perceive no benefit to be achieved from this unusual
proposal.
This office will remain cooperative with Mr. Penman in the
briefing of cases and other pending matters during the last
two weeks in May.
75-0264
4/24/87