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CITY OF SAN BERN;....4DINO - REQUEST F ~ COUNCIL ACTION
Dept:
"-"w;a
City Attorney
Subject: Adjustment of City Attorney's
Budget
From:
James F. Penman
Date:
August 10, 1994
Synopsis of Previous Council action:
Approval of City Attorney's budget at less than required amount June 24, 1994
Recommended motion:
Adjust City Attorney's budget as requested
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/' Signature ~
Contact person:
Dennis A. Barlow
Phone:
5255
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Ace!. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
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75.0262
Agenda Item NO._-S - r
CITY OF SAN BERNAADINO - REQUEST F,-,.t COUNCIL ACTION
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STAFF REPORT
At the budget hearings on the 1994-95 budget, the Council
engaged in a line-by-line review of the City Attorney's budget and
deleted a proposed Deputy City Attorney IV, a legal secretary and
a legal secretary trainee, while not replacing the correlative
costs in the outside counsel budget. This is the only office that
was handled in this manner.
By so doing, the Council has made it impossible for this
office to perform its Charter-mandated responsibilities which
include defending the City in lawsuits.
The cases have held that for elected officers, the governing
body "has no legal authority to use its budgetary power to control
employment in or operation of the" elected official's office.
(Brandt v. Board of Supervisors (1978) 84 CA.3d 598, 602) This has
recently found support in Connolly v. County of Orange (1992) 1 C
4th 1105, 1113, ftnt. and by the Attorney General in 77
Ops.Cal.Atty.Gen. 82.
The result is that the Council may not legally single out an
elected officer and then by means of the budget axe, prevent him
from performing his statute- and Charter-mandated duties.
It is therefore recommended that the Mayor and Council add the
following positions and necessary funds to the City Attorney's
1994-95 budget:
Legal Secretary II
$81,494.40
$37,793.60
$28,891.20
Deputy City Attorney IV
Legal Secretary Trainee
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75.0264