HomeMy WebLinkAboutNB2-Council Office
Cll · OF SAN BERNARD[ 0 - REQU: 3T FOR COUNCIL At. . ION
From: Councilman Jack Strickler
Subject: Policy on Providing an Opinion
Dept: Council Office
Date: December 31, 1986
Synopsis of Previous Council action:
Subject and dates of attached correspondence.
Recommended motion:
To discuss the hiring of an outside attorney to furnish the Mayor
and Council with an opinion when necessary.
~ \\.'"'~ .~ ~~ 't.LJ
Si lure
Contact person:
Phil Arvizo
Phone:
5168
Supporting data attached:
Yes
Ward:
N/A
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
75-0262
NEW BUSINESS
Agenda Item No.
JOHN K. VAN DE KAMP
Attorney General
'In iJF (_ -
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1985 Dfe (g
AM
State of California
DEPARTMENT OF JUSTICE
~: 59 15]5 K STREET. SUITE 51l
SACRAMENTO 958]4
(9)(;) 445-95,5,5
P. O. Box 944255
Sacramento 94244-2550
December 24, 1986
Mr. Jack Strickler
Senior Council Member
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Dear Mr. Strickler:
This is in reply to your December 17 request for "an op1n1on
regarding the proper representation our City Attorney is to
provide to the Common Council".
The opinion function of the Attorney General is limited to
providing opinions to state officials, district attorneys (and
county counsels) and city prosecutors (limited) to criminal law
questions). I have attached materials which explain the Attorney
General's opinion functions. Since the Attorney General has no
authority to provide opinions to city officials on civil law
questions I must respectfully decline your request.
It may be of some interest to know that this office is preparing
an opinion on the question whether a county counsel has a duty to
provide a legal opinion to an individual school trustee (Op. No.
86-404) requested by the County Counsel of Solano County.
Sincerely,
JOHN K. VAN DE KAMP
ne~~
ACK WINKLER
Assistant Attorney General
Opinion Unit
JW: lrh
Attach.
r~
1
GOVERNMENT CODE
~ 12519. Opinions
The Attorney General shall give his opinion in writing to the
Legislature or either house thereof, and to the Governor, the Secre-
~ary of State, Controller, Treasurer, State Lands Commission, Super-
mtendent of Public Instruction, any state agency prohibited by law
from employing legal counsel other than the Attorney General, and
any district attorney when required, upon any question of law relat-
ing to their respective offices.
The. Attorney General shall give his opinion in writing to a city
prosecutmg attorney when required, upon any question of law relat-
ing to crmlinal matters.
ATTORNEY GENERAL'S OPINIONS
(VOLUMB 64
FOREWORD
State budget constraints have caused substantial reductions in the Opinion
Unit staff. To better utilize limited staff in the performance of our opinion
responsibilities under Government Code section 125'19 the following practices
(some of long standing and some new) have been implemented:
(1) All reque;ts for opinions must be in writing and relate to the re-
quester's official duties.
~ (2) Requests submitted by or on behalf of anyone not entitled to an
opinion under section 125'19 will be declined.
(3) The opinion request must be sufficiently specific to permit precise
legal analysis and the questions may be reframed to state more precisely the
legal issues presented. Opinions will not be issued to resolve factual questions.
(4) Requests will be declined when the questions:
(a) are at issue in pending litigation;
(b) call for interpretation of proposed constitutional amendments,
statutes or regulations before their enactment; or
(c) call for the interpretation of local charters, ordinances or regula-
tions.
(5') Requests submitted by local legal officers and by state officers having
full time public legal counsel to advise them must be accompanied by a full
legal analysis and conclusions on the questions presented.
(6) The issues presented must have sufficient significance to justify the
expense of preparing an opinion. Informal responses will be provided on opinion
requests when appropriate.
February I, 1982
GEORGE DEUKMEJIAN
Attorney General of the State of California
'.
AlTORNEY GENERAL'S OPINIONS
[VOLUME 66
FOREWORD
Many questions have been asked concerning the nature and extenr of the At-
torney General's responsibility to provide legal opinions. The following analysis
was prepared to answer many of these questions.
A. THE STATIlTES
.
(1) Anicle V. section 13. of the California Constitution designates the Attor.
ney General as .. the chief law officet of the State." The specific responsibility to
provide legal opinions is set forth in Governmenr Code section 12519 as follows:
. 'The Anorney General shall give his opinion in wriung to the Legisla.
ture or either house thereof. and to the Governor, the Secretary of State. Con-
troller, Treasurer, State lands Commission, Superinrendenr of Public
Instruction, any state agency prohibited by law from employing legal counsel
other than the Attorney General, and any district attorney when required.
upon any question of law relating to their respective offices.
"The Attorney General shall give his opinion in writing to a city prosecut-
ing attorney when required, upon any question of law relating to criminal
.maners. "
(2) Responsibility to provide legal opinions is imposed on other public law-
yers by other statutes. (See Gov. Code. SS 26520 [district attorney), 26529, 27642,
27645. 27647 [countY counsel) and 41801 (city attorney).) A review of these sta-
tutes makes it dear that the Legislature has apportioned the responsibility for provid-
ing legal opinions to public officials among public lawyers at both the state and
IocaI leveb of government.
(3) The language of section 12519, quoted above,limil3 the Attorney Gener-
al's responsibility to provide legal opinions in two respects. First. opinions are provid-
ed only to the public officials designated in the sratute. Second, only questions
of law relating to the office of the requester require an opinion response. The cz-
press direction to provide opinions under these limited circumsranccs implies an
absence of any duty to provide legal opinions under other circumstanCes.
B. THE REQPIENTS
(1) Cotlstintio1l4l Ofjiurs. Anorney General's opinions are provided each
of the state's constitutional officers. Though the Lieurenant Governor is not named
specifically in section 12519, that office is considered a state agency authorized to
request opinions under that section.
(2) Legisi41on. Section 12 519 statcs that opinions shall be provided to .. the
Legislature or either house thereof. ., This language has long been interpreted to
"
include individual legislators. Howevet. it does not include legislative committc:c:s
or their consultants.
(3) Sl4Ie Agencies. Sc:ction 12519 states that opinions shall be provided [0
"any state agency prohibited by law from employing legal counsel other than the
AttOrney General." Many state agencies have been authorized to employ staff at.
torneys. Government Code section 11157 provides that the Attorney General .. is
the Ic:pi advisor of c:2Ch department [of state government I in all matters rdating
to the department and to the powers and duties of its officers. ., Because: the Attor.
I1c:T Gc:nc:raJ is the State's chief law officer. the office has traditionally provided
lc:pi opinions to all State departments. agencies, boards and commissions, includ.
ing those with staff counsel. However, requc:su for opinions from those: having full
time staff counsel must be accompanied by the legal malysis and conclwions of
staff counsel. (See C(10).)
(4) i.ages. Sc:ction 12519 does not indicate whethet courts are state agencies
authorized to rc:quc:sr opinions. This ambiguity was resolved by Government Code
section 27647 which authorizes the county counsel to represent the judges of the
superior. municipal and jwtice courts in the county" in all matters and questions
of law pc:m.ining to any of such judge's duties." This evidences the Legislature's
intent that advising trial judges is the responsibility of local public counsel. The
Supmne CoUrt and CoUrt of Appeals are State agencies authorized to requc:sr opin.
ions under section 12519. Such requests should come from the coutt at the rc:quc:sr
of the chief jwrice or a presiding jwrice or. as is usually the case. be submitted
by the Adminisrrarive Office of the CoUrts.
(5) Dutri&t Altomeys ana Co.nty Co.nsels. Sc:ction 12519 states that opin.
ions shall be provided to "any district attorney." Government Code section 26520
er sc:q. provide that district attorneys have civil law duties as well as their dusies
as public prosecutors. Government Code sections 27640 and 27642 provide that
a county board of supervisors may split the duties of the district attorney by ap-
poincm, a county counsel who thereafter performs all the duties of the district at.
torney ctt:ept those of public prosecutor. The Attorney General's responsibility to
provide Ic:pi opinions to district attorneys has long bc:c:n interpreted to include
eou.nty counsels so thar all counties will have access to Attorney General' s opinions
with respc:cr to the laws relating to the civil as well as the prosecutoriaJ functions
of the district attorney.
(6) CiIy Prosecflton. Sc:ction 12519 States that opinions shall be provided to
"a city prosecuting attorney when required. upon any question of law relating to
aiminaI matters. ., This provision is limited to those: city offices which acrually prose:.
cute: m.isdc:meanor casc:s arising in the city. It does not authorize opinions for city
attorneys who do not prosecute aiminaI cases nor for city prosecutors on civil law
q:=tions.
.' (7) Reqflests o. Behalf of Others. Sc:ction 12519 States thar an opinion shall
be gmn designated officers "upon any question of law relating to their n:spectige
offices. ,. (Emphasis added. ) This does not authorize a designated officer to rc:quest
an opinion on a question posed by someone elsc:. When it is apparent thar a
o
requc:sr is made on behalf of someone not authorized to requc:sr it by section 12519
the request will be declined.
(8) Depflty or Assistant. .An opinion request should be signed by the prin.
cipal officer or head of the agency authorized to mall;e the requc:sr. If the request
is made by a deputy or assistant, inquiry will be made to vetify that it was autho-
rized by the principal and the opinion will issue to the principal officet. not to
the deputy or assistant.
(9) Boara or Communi",. An opinion requc:sr from a board or commission
must indicate that the requc:sr has been authorized by a majority vote of the board
or commission. Opinion requests from individual members of a board or coJJuI1u..
sioil will be dc:clined.
C. TIlE QUESTION
The Attorney General's responsibility under section 12519 is to provide an
opinion in writing to designated public officials "when required, upon any ques.
tion of law relating to their respective offices."
(1) WrittnI Reqrust. The words "when rc:quirc:d" in section 12519 imply char
a formal request must be made by someone authorized to requc:sr an opinion be.
fore a duty to provide the opinion arises. Such requests must be reduced to writing
to avoid misunderstandings regarding the question presented.
(2) Conjidenti41 Aaftce. .All formal opinions issued by the Attorney General
are open to public inspc:ction under the Public Records Act and most are published.
If a public official seeks a confidential opinion from the Attorney Genc:raJ the re.
quest will be referred to the appropriate legal division for assignment to a deputy
who will provide the opinion orally or by confidential letter of advice.
(3) Rel4Jion to the Offiu. The question mwt relate in some manner to the;
office of the person requesting the opinion. Usually this is apparent from the na.
ture of the question and the office of the rc:quester. When the relation is not clear.
inquiry will be made to establish what it is. Occasionally the rc:quc:sr uansmits a
question posed by someone else. In such casc:s the rc:quest will be dc:clined unless
it is ascertained that the rc:quc:srer has an official interest in the question other than
to accommodate the person who first posed the question.
(4) Qrustion of/4w. Sc:ction 12519 States char opinions shall be provided on
"questions of law" not on other kinds of questions. Thw rc:quests for opinions
to resolve facrual disputes or to resolve conflicting inferences which may arise: from
cmain faces will be dc:clined.
(5) Speciji& QfI'Stio1JS. Not every "legal" question is capable of being an-
swered by an opinion. thar is by a conclwion based on precise legal analysis. Thus.
. 'What is a crime?" calls for an encyclopedic review of the criminal law rather than
an opinion. The courts do not ordinarily provide advisoty opinions and require
an acruaJ case or controversy between specific parties before addressing lc:pi ques.
tions and further limit the scope of legal issues by elaborate pleading and confer.
enee ptoeedures. Sc:ction 12519 does not rc:quire an actUal controversy but it does
m
require thal the officers requesting opinions limit their requests to those ,3CtUa.I ,or
potential legal problems which confront them in the performance of thel[ official
duties, The Attorney General has long followed the practice of rc:fr2ming the ques-
tions presented when this appored necessary or desirable. This is done, not only
[0 assure a response thal will properly addras the legal problem confronted by the
requesrer, but also to sufficiently define the circumstances so thal an opinion ~_
sponse based on precise legal analysis may be made. To that end the requesrer will
often be contacted for more particulars of the problem. However, the Attorney
General's office will not conduct surveys or make investigations to ascert2in the
&as needed to properly fnune a question for legal analysis.
(6) Co"j/i&t ofI,,~st. The Attorney General, like every other lawyer, may
find there is a conflict of interest with respect ro a particular legal question by CCl-
son of other legal matters the office is involved in, by prior legal business, personal
business interest and the like. Of course, such a conflict would require the Attor-
ney General ro decline the requesr for such an opinion.
(7) I"terpreti"g!.ouJ Uwl. Occasionally an opinion is sought to interpret lo-
cal charter provisions, ordinances, resolutions, regularions or rules. Since such meas-
ures have no application ourside the local jurisdiction there is no need ro r~ew
local counsel's interpret2tions to encourage statewide uniformity of interpreraaon.
the principal purpose of providing Attorney General's opinions to, local counsel
Further, since the principal responsibility for interpreting and enforang local meas-
ures rem with local counsel, opinions which might conflict with the views of local
counsel would hinder rather than aid the enforcement of such local laws. For these
CC2.S0ns the Attorney General declines opinion requests calling for the interpret2.
tion of local charters, ordinances, resolutions, regulations or rules.
(8) Itlterprermg Petulmg Legis/lllio". Sometimes an opinion requesr coocems
proposed legislation or constirutional amendments. Providing opinions on pcud_
ing bills would involve the Attorney General in the bill drafting process, a fuoc-
tioo the law specificalIy assigns to the I..egislame Counsel Bureau. Providing opiniom
on proposed constirutional amendments might inappropriarely interfere with the
election process. For these re2SOns the Attorney General' s office has tr2ditionally
declined opinion requests regarding the nlidity or interpretation of proposed lqis-
lation or constirutional amendments prior to their enactment.
(9) Pe"rimg LiJigfltic". Occasionally the legal question p~ted in an o~-
ion requesr is an issue in litigation pending before the COurts or m some adminis-
rr.uive proceeding. The Attorney General's office has tr2ditionally declined to
proride opinions on such questions while the litigation is pending. There are two
buic re2SOns for this practice. Fust, resolution of the litigation will often proride
the answer to the quesrion. More signifiandy. the issuance of an Attorney Gener-
al's opinion while litigation is pending on the issue might be considered as ID u-
tempt to interfere with or influence the litigation. Of couae there is DO way the
Attorney General's office an be aware of all issues in every casc being litipQ:d
so the pnctice is nor foolproof. NC9Utheless, when the Off'lCC is aware of the litiga.
tion initially, an opinion requesr on the issues raised therein will be declined and
when made aware of such litigation latc:r, opinion prepamions will be rerminated.
IV
After litigation on the issue has termin:ued, the Attorney General's office will nor-
mally respond to any legal questions which remain.
(10) ReqlU/Ur'J Opi1lio". If the law requires a public officer to be a lawyer
or the offi;e is provided with full time saiI counsel. that lawyer has the primary
responsibility for resolving the legal issues which relate to thal office. The legisla.
tive wthorizarion for such an officer to requesr an opinion from the Attorney Genc:r-
al was intended as a means of reviewing the acrcise of that Primary responsibility
al the officer's requesr, not as a replacement for it. This is the rationale which un-
derlies the long sanding pnctice that an opinion requesr from an officer who must
be an attorney or who has full time saiI counsel will be declined unless it is ac.
companied by the legal conclusions, suppotted by a full legal analysis, prepared
by such counsel.
John K. Van de Kamp
M:Jmey GeurgJ of the SI4te of CzlifOmiII
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CIT
ERN ARD IN 0 300 NORTH "0" STREET, SAN BERNARDINO, CALIFORNIA 92418
JACK STRICKLER
Councilman, S.venth Ward
(714) 383~
December 17, 1986
Honorable John Van de Kamp
Attorney General
state of California
1515 WK" street, suite 511
Sacramento, CA 95814
Dear Sir:
Please peruse the attached information and furnish an
opinion regarding the proper representation our City Attorney
is to provide to the Common Council. Several Council Members
are of the opinion that the City Attorney is attempting to
shirk his responsibilities.
Thank you very much for any assistance you can provide
in this matter.
J K STRICKLER
enior Council Member
JS: jv
Attchs.
cc: Mayor Evlyn Wilcox
Mr. Ralph Prince, City Attorney
Mr. Ray Schweitzer, Acting City Administrator
"
CITY OF SAN Br~NARDIt\'" - MEMORANL JM
To Hon. Mayor and Common Council
Subject Legal Representat ion in Conf 1 ict
of Interest Cases
From
Ralph R. Prine.
City Attorn.y
November 19, 1986
Oat.
Approved
Oat.
700.1, 700.61
The Political Reform Act of 1974, Government Code Sections
81000, et seq., contains provisions for enforcement in
Chapter 11, Sections 91000, et seq. The At~orney General is
responsible for enforcing the criminal provisions of the
Political Reform Act of 1974, and the District Attorney has
concurrent powers and responsibilities. Section 91001
provides that the District Attorneys are the civil
prosecutors with respect to any agency other than a state
agency.
Government Code Section 91001.5 provides as follows:
-In any case in which a district attorney
could act as the civil or criminal prosecutor
under the provisions of this title, the elected
city attorney of any charter city may act as the
civil or criminal prosecutor with respect to any
violations of this title occurring within the
city.-
Although Section 91001.5 provides that the elected city
attorney of a charter city m~y (discretionary) act as the
civil prosecutor, there may e occasions when the District
Attorney would request the elected city attorney to act as
the civil prosecutor or the public interest may mandate that
the city attorney act as the prosecutor. The past practice
of this office has been to endorse the enforcement of th.
civil penalties and remedies and criminal provisions of Titl.
19 by the District Attorney and the Fair Politic~l Practices
Commission because of their expertise in thes. specialized
fields of prosecution.
However, Section 91001.5, which authorizes the elected city
attorney of a charter cl_y to act as a civil or cri.tnal
prosecutor with respect to any violations occurring within
the City, does present a problem of representing conflicting
interests when the Office of the City Attorney obtains facts
and renders legal advice to a city official concerning a
possible conflict of interest. Recently, the California
State Bar publicly reproved Ira Reiner, Los Angeles District
Attorney, for violating professional rules of misconduct
(. .,
...
elry Oil rH.=M~
".
Hon. Mayor and Common Council
November 19, 1986
page 2
while serving as City Attorney because a city official
conferred with a member of his staff concerning a possible
conflict of interest and a superior Court judge ruled that
any evidence developed during what the court termed an
attorney-client relationship was tainted and could not be
used against the city official. The State Bar determined
that Rules of Professional Conduct 4-101 and 5-102(b),
concerning representing conflicting interests and accepting
employment adverse to the interests of the client, had been
violated.
In order to avoid entanglement with the rule concerning the
representation of conflicting interests, the policy of the
City Attorney under Government Code Section 91001.5 and
Government Code Section 1090 will be to represent the
interests of the City of San Bernardino, a municipal
corporation, and the Community Development Commission, a
public body corporate, in connection with the rendering of
legal advice to city and commission officials concerning
conflicts of interest under the Political Reform Act of 1974.
(Title 19) and Government Code Section 1090.
In accordance with this policy, all requests for legal advice
concerning possible conflicts of interest will be referred to
the Mayor and Common Council (or the Community Development
Commission, if appropriate) at a public meeting for direction
to render such legal advice on behalf of the City of San
Bernardino or the community Development Commission to the
Mayor and Common Council. Such legal advice would be given
at a public meeting of the legislative body or would be
addressed to the Mayor and Common Councilor commission and
become a public record.
In the event any city officer, other than the Mayor and
Member. of the Common Council, request. l~al advice
concerning a possible conflle~ of interest, such officer
would be requested to ask the Mayor and Common Councilor
Commission to direct the rendering of such legal advice with
the understanding that the advice would be to the Mayor and
Common Council as elected representatives of the City of San
Bernardino, a municipal corporation, or the Community
Development Commission, a public body corporate, and that the
municipal corporation or public body corporate would be the
only client of the attorney rendering such legal advIce.
11/19/86
Ron. Mayor and Common Council
November 19, 1986
Page 3
I hope that this policy will meet with your approval and that
it will serve the best interests of the City of San
Bernardino and its citizens.
/~~~.
RALPH H. PRINCE
City Attorney
RHP:lr
, ..-.
..
11/19/86
CITY OF SAN BflNARDIN
-
MEMORAN(}dM~
To Jack Strickler, Chairman tlTl C;: S.ti t[:\!iAi.~:~a
Legislative Review Committee
Subject Legal Representation in Cot)n~m 15 P:1 4: 17
of Interest Cases
. Il".... . .~_
From
Ralph H. Prince
City Attorney
December 12, 1986
Date
Approved
Date 700 . 6 l, 760. 3
In accordance with your disapproval of Item No. 1 and the
discussion at the meeting of the Legislative Review Committee
held on December 11, 1986, concerning legal representation in
conflict of interest cases, the following proposed policy is
set forth: .,.--
-A council member who desires legal advice concerning a
possible conflict of interest shall discuss with the City
Attorney the establishment of an attorney-client relationship
concerning legal advice. In the event the City Attorney
determines under Government Code Section 91001.5, which
empowers an elected city attorney of a charter city to act as
a civil prosecutor with respect to any violations of the
Political Reform Act of 1974, that providing advice to the
council member might constitute representation of conflicting
interests under the Rules of Professional Conduct of the
State Bar of California, he shall so advise the council
member and request a waiver of confidentiality. If the
council member prefers not to waive confidentiality and
desires attorney services rendered in confidence, such
council member may request the appointment by the City
Council of outside special counsel to render such legal
advice. The City Council shall determine, with the
recommendation of the City Attorney, whether special counsel
shall be retained at city expense to advise the council
member. An attorney-client relationship will be established
between the council member and the outside special counsel
retained for the purpose of rendering a legal opinion
concerning the possible conflict of interest, and the client
shall have the right to keep such advice as confidential and
privileged.-
Although I do not concur with the above proposed policy, I .
can understand why a council member would feel the necessity
under certain circumstances for such a policy. The policy
appears to be legal under the Charter and the Government Code
sections involving conflict of interest matters.
,1/ '/~ C
/'(~/I~~-
RALPH H. PRINCE
City Attorney
RHP : 1 r
cc Councilman Gordon Quiel
Councilman Jack Reilly
, .\ " !
, ,
the general supervision of all City officers elected or appointed, except Councilmen, He
shall have power to discharge any City appointive officer or employee, for dereliction,
neglect or non-performance of duty, except employees in the classified service, and
may suspend any employees in the classified service pending a hearing before the civil
service board.
(Section 52, as amended by a special election held on the 4th day of November, 1924.)
(Section 53 repealed by election held on the 7th day of June, 1966 and approved by
State Legislature.)
,
City Attorn.y
Section 55.
(a) The office of City Attorney shall be a full-time position, and the incumbent shall
not engage in private practice.
(b) To be eligible to hold the office of City Attorney, the person elected or appointed
shall be an attorney at law, duly licensed as such under the laws of the State of Califor-
nia, and shall have been engaged in the practice of law for at least five (5) years prior to
his election or appointment, and shall have been a resident and elector of the City for a
period of at least thirty (30) consecutive days next preceding the appointment or the
filing of nomination papers for election to the office.
(Section 55 (b) as amended by election held the 2nd day of November, 1976.)
(e) In the event a vacancy shall occur in the office of City Attorney during his term,
such vacancy shall be filled by appointment by the Mayor and Common Council,
which appointment shall be valid until the next general municipal election, at which
time a City Attorney shall be elected for the remainder of any unexpired term, or for a
full term in accordance with Article II of this Charter.
(d) The City Attorney shall be the chief legal officer of the City; he shall represent
and advise the Mayor and Common Council and all City officers in all matters of law
pertaining to their offices; he shall represent and appear for the City in all legal actions
brought by or against the City, and prosecute violations of City ordinances, he shall
alSo act and appear as attorney for any City officer or employee who is a party to any
legal action in his official capacity; he shall attend meetings of the City Council, draft
proposed ordinances and resolutions, give his advice or opinion in writing when re-
quested to do so in writing by the Mayor or Common Council or other City official
upon any matter pertaining to municipal affairs; and otherwise to do and perform III
services incident to his position and required by statute, this Charter or general law.
..
. .
(Section 55 (1) amenrfed by election held April 13, 1971 and approved by State Legis-
mture.)
Power to
Discharge
or suspend
City
Attorney
Duties of
"
(e) The salary of the City Attorney shall be fixed by the Mayor and Common Coun- Salary
eil. but shall not be less than seventy.five hundred dollars ($7,500.00) per annum. He
shall be provided with office space and equipment, and clerical help by the City.
-14-
(f) Section 24.C of Article I I of this Charter is hereby repealed.
(g) This amendment of Section 55 of the City Charter shall go into effect on the
second Monday in May, 1959, unless a vacancy shall occur in the office of the City
Attorney subsequent to the municipal election of April 12, 1955, in which event it
shall go into effect immediatel.,. upon such vacancy rising.
(As amended by election held the 12th day of April, 1955.)
City Clerk
Section 60. The duties of the City Clerk shall be to keep the corporate seal and all City Clerk,
books, papers, records and other documents belonging to his office, attend all meetings Duties of
of the Mayor and Common Council and keep a journal of the proceedings. He shall
have full power and authority to take all affidavits and arj;ninister all oaths necessary in
the transaction of city business, but shall make no charge therefor. His official books
and records shall be kept properly indexl:1d and be open to public inspection during
office hours. He shall number and keep a record of all demands allowed and certified
to him, showing the date of approval, to whom the same is allowed, the nature of the
claim, and the fund out of which the same is payable. He shall issue all licenses and
countersign all warrants on the City Treasury, except warrants of the boards, and
shall do and perform all other acts required of him by this Charter, or by ordinance,
or which may be required of him by the Mayor and Common Council.
(Section 60 as amended by election held the 4th day of February, 1969 and approved
by the Legislature February 25, 1969.)
City Assessor
(Section 65 repealed by election held on the 6th rfay of February, 1973 and approved
by State Legislature.)
Treasurer
Section 70. The Treasurer shall receive and payout all moneys belonging to the Treasurer,
City, and shall keep an account of all receipts and expenditures, under such rules and Duties of
regulations as may be prescribed. He shall make a monthly statement to the Mayor and
Common Council of the receipts and expenditures of the preceding month, and shall
perform all duties required of him by law and the Mayor and the Common Council. He
shall not payout any monies belonging to the City except on claims presented, allowed
and submitted in the manner provided by this Charter. .
(Section 75 repealed by election held..on the 6th day of February, 1973 anrJ approved
by State Legislature.) .
(Section 80 repealed by election held on the 2nd day of November, 1976.)
(Section 81 repealed by election held on the 2nd day of November, 1976.)
(Section 82 repealed by election held on the 2nd day of November, 1976.)
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P. O. Box 944255
Sacramento 94244-2550
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1986 DEe '( g AM
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JOHN K. VAN DE KAMP
Attorney General
State of California
DEPARTMENT OF JUSTICE
1515 K STREET, SUITE 511
SACRAMENTO 95814
(916) 445-9.555
December 24, 1986
Mr. Jack Strickler
Senior Council Member
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Dear Mr. Strickler:
This is in reply to your December 17 request for "an oplnlon
regarding the proper representation our City Attorney is to
provide to the Common Council".
The opinion function of the Attorney General is limited to
providing opinions to state officials, district attorneys (and
county counsels) and city prosecutors (limited) to criminal law
questions). I have attached materials which explain the Attorney
General's opinion functions. Since the Attorney General has no
authority to provide opinions to city officials on civil law
questions I must respectfully decline your request.
It may be of some interest to know that this office is preparing
an opinion on the question whether a county counsel has a duty to
provide a legal opinion to an individual school trustee (Op. No.
86-404) requested by the County Counsel of Solano County.
Sincerely,
JOHN K. VAN DE RAMP
ne i?tU
ACK WINKLER
Assistant Attorney General
Opinion Unit
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Attach.
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