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CITY OF SAN BERNI lDINO - REQUEST Fr'1 COUNCIL ACTION
From:
Jerry Devlin
Subject:
An Ordinance Of The City Of
San Bernardino Amending Chapter
2.20 Of The San Bernardino
Municipal Code Relating To
Employment Of Outside Counsel
Dept:
Council Offic~
Date:
August 10, 1994
Synopsis of Previous Council action:
June 4, 1984 - MC-374
June 18, 1984 - MC-385
Recommended motion:
Waive further reading and layover for final adoption
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Contact person:
Phone:
Supporting data attached:
Ward:
FUNDING REOUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
75.0262
Agenda I tem No.
S -IV
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ORDINANCE NO.
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
2.20 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO EMPLOYMENT
OF OUTSIDE COUNSEL
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO /
DO ORDAIN AS FOLLOWS:
SECTION 1. Section 2.20.010 of the San Bernardino Municipal
7 Code is hereby amended to read as follows:
8 "Section 2.20.010. Definitions
9 A. "City" shall mean the City of San Bernardino,
10 California.
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B.
"City Attorney" shall mean the City Attorney or, in his
or her absence, the Sanior 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
19 licensed to practice in the State of California who specializes in
20 a field such as bond financing, workers' compensation liability,
21 public and property damage liability, water matters or other
specialized field."
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23 SECTION 2. Section 2.20.040 of the San Bernardino Municipal
24 Code is hereby amended to read as follows:
25 "Section 2.20.040. Retaining special counsel.
26 Special counsel shall be retained by the Council pursuant to
27 Charter Section 241 subj ect to the recommendation of the City
28 Attorney that such counsel is necessary in instances where the
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AN OR~NANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 2.20
OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE EMPLOYMENT OF
OUTSIDE COUNSEL .
Ci ty Attorney states in writing that legal specialization not
possessed by the City Attorney is required or when the City
6 Attorney is unable or disqualified from performing such legal
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Special counsel shall not be retained when the City
services.
8 Attorney is willing and able to perform the legal services as a
9 part of the ordinary professional functions of his or her office.
10 The City Attorney shall advise the Mayor and Common Council as to
11 the experience and qualifications of attorneys considered for
12 retention as special counsel. When the City Attorney informs the
13 Mayor and Council that he or she is unable or disqualified to
14 perform such legal services, the Mayor and Council shall retain
15 special counsel."
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SECTION 3. Section 2.20.070 of the San Bernardino Municipal
17 Code is hereby amended to read as follows:
18 "Section 2.20.070. Outside counsel.
19 Any City officer desiring legal services concerning City
20 business from legal counsel other tha~ the City Attorney shall
21 first inform the City Attorney of such intended request for
22 outside legal services to determine whether the City Attorney is
23 willing and able to provide such services. No City officer shall
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be authorized to obligate the City for payment of services of
outside counsel without such prior review by the City Attorney and
the express approval of the Council.
No City officer shall
utilize outside legal services concerning City business without
the approval of the City Attorney and Council; provided, however,
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 2.20
OF THE-SAN BERNARDINO MUNICIPAL CODE RELATING TO THE EMPLOYMENT OF
OUTSIDE COUNSEL
that nothing herein shall preclude any City officer from obtaining
outside legal services at his or her own expense concerning the
personal or public rights, duties, privileges or benefits of such
officer as an individual or as an office holder, or from obt3ining
at his or her own expense legal services of a private nature."
SECTION 4. Section 2.20.080 of the San Bernardino Municipal
Code is hereby amended to read as follows:
"Section 2.20.080. Confidentiality of matters related to
12 prospective or pending litigation.
13 The Council at a public meeting may authorize and appoint
14 the Mayor or not more than three members from the Council to act
15 as its representative or representatives, subject to coordination
16 with the City Attorney, in communicating or conferring with
17 special counsel retained in special matters or court actions.
18 Unless authorized or appointed by the Council to comjunicate or
19 confer with special counsel, neither the Mayor nor any member of
20 the Council shall confer with or give any direction to special
21 counsel concerning the case or court action, unless done in a
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closed session held during meetings of the Council.
This
23 provision shall not limit the right of the Mayor or any Council
24 member to obtain information any such matter or court action from
25 the City Attorney.
26 The Council shall limit discussion of the City's position in
27 litigation, except as to matters which are of public record, to
28 closed sessions and shall keep attorney-client communications and
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 2.20
OF TH~AN BERNARDINO MUNICIPAL CODE RELATING TO THE EMPLOYMENT OF
OUTSIDE COUNSEL
discussions at such closed sessions private and confidential.
Except as otherwise required by law it shall be unlawful to
violate the provisions of this paragraph."
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13 DEVLIN
14 POPE-LUDLAM
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1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 2.20
OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO THE EMPLOYMENT OF
2 OUTSIQi COUNSEL
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4 I HEREBY CERTIFY that the foregoing Ordinance was duly
5 adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
day of
1994, by the following vote, to wit:
Council Members:
NAYS
ABSENT
ABSTAIN
AYES
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
MILLER
City Clerk
The foregoing Ordinance is hereby approved this
day
of
, 1994.
Tom Minor, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PEM~AN,
City Attorney
By:
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