HomeMy WebLinkAbout43- City Attorney CITY OF SAN BERNORDINO - REQUEST F R COUNCIL ACTION
From: James F. Penman Subject: Adjustment of City Attorney's
ft. Budget
Dept: City Attorney
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 9^7 01
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Signature
Contact person:_ Dennis A. Barlow Phone: 5255
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount:
Source: Acct. No.)
JAcct. Description)
Finance:
Council Notes:
75-0262 Ananria Itam N^ /✓
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CITY OF SAN BERN RDINO - REQUEST I R COUNCIL ACTION
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:
Deputy City Attorney IV $81, 494.40
Legal Secretary II $37, 793. 60
Legal Secretary Trainee $28, 891.20
one
75-0264