HomeMy WebLinkAbout11- Council Office CITE' OF SAN BERNIk RDINO - REOUEST FOR COUNCIL ACTION
From: Jerry Devlin Subject: An Ordinance Of The City Of
San Bernardino Amending Chapter
Dept: Council Office.,:,,, 2.20 Of The San Bernardino
Municipal Code Relating To
Date: August 10, 1994 Employment Of Outside Counsel
Synopsis of Previous Council action:
June 4, 1984 - MC-374
June 18, 1984 - MC-385
Recommended motion:
Waive further reading and lay over for final adoption
Signature
Contact person: Phone:
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
750262 Agenda Item No._ 77
1 ORDINANCE NO.
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2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
2.20 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO EMPLOYMENT
3 OF OUTSIDE COUNSEL
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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6 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.
11 B. "City Attorney" shall mean the City Attorney or, in his
12 or her absence, the Senior Assistant City Attorney, or in the
13 latter' s absence, the highest ranking Deputy City Attorney
14 available.
15 C. "Council" shall mean the Mayor and Common Council as
16 that term is defined in Section 40 of the San Bernardino City
17 Charter.
18 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
22 specialized field. "
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 subject to the recommendation of the City
28 Attorney that such counsel is necessary in instances where the
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1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 2. 20
OF THL SAN BERNARDINO MUNICIPAL CODE RELATING TO THE EMPLOYMENT OF
2 OUTSIDE COUNSEL
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4 City Attorney states in writing that legal specialization not
5 possessed by the City Attorney is required or when the City
6 Attorney is unable or disqualified from performing such legal
7 services. Special counsel shall not be retained when the City
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. "
16 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 than 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
24 be authorized to obligate the City for payment -of services of
25 outside counsel without such prior review by the City Attorney and
26 the express approval of the Council . No City officer shall
27 utilize outside legal services concerning City business without
28 the approval of the City Attorney and Council; provided, however,
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1 AN OR INANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 2.20
OF THSAN BERNARDINO MUNICIPAL CODE RELATING TO THE EMPLOYMENT OF
2 OUTSIDE COUNSEL
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4 that nothing herein shall preclude any City officer from obtaining
5 outside legal services at his or her own expense concerning the
6 personal or public rights, duties, privileges or benefits of such
7 officer as an individual or as an office holder, or from obtaining
8 at his or her own expense legal services of a private nature. "
g SECTION 4. Section 2.20.080 of the San Bernardino Municipal
10 Code is hereby amended to read as follows:
11 "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
22 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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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 OUTSIDE COUNSEL
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4 discussions at such closed sessions private and confidential.
5 Except as otherwise required by law it shall be unlawful to
6 violate the provisions of this paragraph. "
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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 OUTSET-'. 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
6 Bernardino at a meeting thereof, held on the
7 day of 1994, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 NEGRETE
10 CURLIN
11 HERNANDEZ
12 OBERHELMAN
13 DEVLIN
14 POPE-LUDLAM
15 MILLER
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17
City Clerk
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19 The foregoing Ordinance is hereby approved this day
20 of 1994.
21 Tom Minor, Mayor
22 City of San Bernardino
23 Approved as to form
and legal content:
24 JAMES F. PENMAN,
25 City Attorney
26 By:
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