HomeMy WebLinkAboutMC-385
ORDINANCE NO. MC-385
I ORDINANCE OF THE CITY OF SAN BERNARDINO RECITING THAT CHAPTER
12.20 INCORPORATES A COUNCIL POLICY CONCERNING SPECIAL COUNSEL AND
IAMENDING SECTION 2.20.070 OF THE SAN BERNARDINO MUNICIPAL CODE TO
liCLARIFY THAT CITY OFFICERS MAY CONSULT OUTSIDE COUNSEL AT THEIR
;O~rN EXPENSE CONCERNING THE PERSONAL OR PUBLIC RIGHTS, DUTIES,
'i PRIVILEGES OR BENEFITS OF SUCH OFFICERS AS INDIVIDUALS OR OFFICE
!HOLDERS.
I
. WHEREAS, Chapter 2.20 has
,
I Municipal Code incorporating a
been added to the San Bernardino
policy of the Mayor and Common
Council concerning special counsel substantially similar to that
contained in Resolution No. 80-310 adopted on July 21, 1980, as
consistently interpreted and administered for many years; and
WHEREAS, additional clarification of that policy is
I desirable,
I
I NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
,
SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Section 2.20.070 of the San Bernardino Municipal
Code is amended to read as follows:
"2.20.070 Outside counsel.
Any City officer desiring legal services concerning City
business from legal counsel other than the City Attorney shall
first inform the City Attorney of such intended request for
outside legal services to determine whether the City Attorney is
willing and able to provide such services. No City officer shall
be authorized to obligate the City for payment of services of
outside counsel without the express approval of the Council. No
City officer shall utilize outside legal services concerning City
business without the approval of the City Attorney or Council;
provided, however, that nothing herein shall preclude any City
officer from obtaining outside legal services at his or her own
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MC-385
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1 expense concerning the personal or public rights, duties,
2 privileges or benefits of such officer as an individual or as an
office holder, or from obtaining at his or her own expense legal
Iservices of a private nature."
5 I HEREBY CERTIFY that the foregoing ordinance was duly
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6 adopted by the Mayor and Common Council of the City of San
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Bernardino at a
regular
meeting thereof, held on
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the
18th day of
, 1984, by the following vote,
June
9 to wit:
AYES:
Council ~1embers
Castaneda, Reilly, Marks,
Frazier, Strickler
NAYS:
None
ABSENT:
Council Members Hernandez, Quiel
~ ~'2i /
'7:?///21'l / :IZ~ /
City lerk
The foregoing ordinance is hereby approved this
day
of
, 1984.
Mayor of the City of San Bernardino
20 Approved as to form:
21 ~~;::~./
22 City Attorney
23 I hereby disapprove of the foregoing ordinance for the following reasons:
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A) Said ordinance violates Sections 50 and 52 of the Charter of the City
of San Bernardino in that it will do the following:
1) I.nhibit the Mayor's duty to "cause the strict enforcement of all
laws and ordinances within his jurisdiction."
2)
Shall inh~bit the Mayor's duty to
official conduct of all public of
fidelity and exactitude~ or want
execute their d.ut~es and obligati
the
Ediligently observe the
fieers and take notice of
thereof, with which they
"
ons.
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3) Sha:il i"i."'lhibit the Hayar's duty to exe:cise l;general supe:v:1_sion
over all of the departments and pu61~c institu~ions of the City.li
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4) Shall inhibit the Mayor's duty to see that all depa=tments and
public institutions vd_th:'-~l the C~ty are r;honestly, economically,
and lavJfully cO~:.ducted. r:
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5) Wil: :nhcbit the }layor's Guty to see that all contracts and
agreements wit1:;_ the C~LY are faithfully kept and fully performed."
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6) Shall inhibit the ~ayorls duty ana responsibility to have
Hgeneral supel"vis::_or of a11 City officers~ elected and appoi!lted~
except councilmen.;'
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