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HomeMy WebLinkAbout42-City Attorney .' _crrQ OF SAN BERNARDIC - REQUEQr FOR COUNCIL AC'CbN From: R~lph H. prin!t!C'D.-AOMIM. OFF. Subject: City Attorney Transition C~ty Attorney . city Attorney 1981 APR 24 PH 41 03 .Af~ April 24, 1987 /,.- Dept: Date: Synopsis of Previous Council action: On April 20, 1987, the Mayor and Common Council adopted a motion requesting the City Attorney to provide a legal opinion in writing delineating a plan of transition with dates and times. Recommended motion: None. M?~g Signature Contect person: Ralph H. Prince Phone: 5255 Supporting deta attached: N/A Werd: N/A FUNDING REQUIREMENTS: Amount: N/A Source: (ACCT. NO.) (ACCT. OESCRIPTION) Flnence: N/A Council Notes: n.Gtl2 Agenda Item No. ~L. t . CIT~OF SAN BERNARDIIO - REQUEQ- FOR COUNCIL AC-Q)N STAFF REPORT The original transition plans were not implemented because Mr. Penman caused morale problems in the office of the City Attorney. The Senior Assistant City Attorney will leave at the end of April, the Assistant City Attorney may remain until the end of May, one legal secretary resigned effective April 9, 1987, another legal secretary resigned effective April 22, 1987, and another secretary will resign effective at the end of May, 1987. The retention of the entire staff of the City Attorney during the transition would have been the best program for the City of San Bernardino. However, because of such morale problems, it became obvious that the original plan was untenable and would have created further disruption in the office. The City Attorney is utilizing temporary services to perform the duties of two legal secretarial positions, and will use the present legal staff to perform legal services. The Redevelopment Agency has already received approval to utilize temporary private legal services during the month of May, 1987, which is more feasible than the City Attorney hiring an attorney for a period of thirty days. Mr. Penman has requested that the City Council retain him as special counsel in order that he may attend closed sessions of the Mayor and Common Council concerning pending and prospective litigation. A far more prudent course of action would be for him to consult with Risk Management and review the pending litigation files. I am in support of this review of litigation files by Mr. Penman provided he pledges strict confidentiality concerning those files. The San Bernardino Code and case law only permits the hiring of outside counsel when "legal specialization not possessed by the City Attorney is required or when the City Attorney is unable or disqualified from performing such services." San Bernardino Municipal Code Section 2.20.040. The approval of his request would not only violate the law, but would establish a precedent for the hiring of outside special counsel for other than the authorized reasons. Moreover, I perceive no benefit to be achieved from this unusual proposal. This office will remain cooperative with Mr. Penman in the briefing of cases and other pending matters during the last two weeks in May. 75-0264 4/24/87