HomeMy WebLinkAboutS08-City Attorney
Cll Y OF SAN BERNARD'. 10 - REQU[ IT FOR COUNCIL AC .ION
From: Ralph H. Prince
Subject: Legal Representation in
Conflict of Interest Cases
Dept: City At torney
Date: December 4, 1986
Synopsis of Previous Council action:
None
Recommended motion:
Approve policy of City Attorney.
URGENCY:
Future conflict of interest opinions should be issued under new
policy.
t17~/~~~
Signature
Contact person:
Ralph H. Prince
Phone:
5255
FUNDING REQUIREMENTS:
Amount:
None
Source:
N/A
N/A
Supporting data attached:
Yes
Ward:
Finance:
Council Notes:
75-0262
Agenda Item No.
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_ CITY OF SAN BE: NARDI NO
-
MEMORANDU~..1
To Hon. Mayor and Common Council
From Ralph H. Prince
City Attorney
Date November 19, 1986
Subject Legal Representation in Conflict
of Interest Cases
Approved
Date
700.l, 700.61
The Political Reform Act of 1974, Government Code Sections
81000, et seq., contains provisions for enforcement in
Chapter 11, Sections 91000, et seq. The Attorney General is
responsible for enforcing the criminal provisions of the
Political Reform Act of 1974, and the District Attorney has
concurrent powers and responsibilities. Section 91001
provides that the District Attorneys are the civil
prosecutors with respect to any agency other than a state
agency.
Government Code Section 91001.5 provides as follows:
"In any case in which a district attorney
could act as the civil or criminal prosecutor
under the provisions of this title, the elected
city attorney of any charter city may act as the
civil or criminal prosecutor with respect to any
violations of this title occurring within the
city."
Although Section 91001.5 provides that the elected city
attorney of a charter city may (discretionary) act as the
civil prosecutor, there may be occasions when the District
Attorney would request the elected city attorney to act as
the civil prosecutor or the public interest may mandate that
the city attorney act as the prosecutor. The past practice
of this office has been to endorse the enforcement of the
civil penalties and remedies and criminal provisions of Title
19 by the District Attorney and the Fair Political Practices
Commission because of their expertise in these specialized
fields of prosecution.
However, Section 9l00l.5, which authorizes the elected city
attorney of a charter city to act as a civil or criminal
prosecutor with respect to any violations occurring within
the City, does present a problem of representing conflicting
interests when the Office of the City Attorney obtains facts
and renders legal advice to a city official concerning a
possible conflict of interest. Recently, the California
State Bar publicly reproved Ira Reiner, Los Angeles District
Attorney, for violating professional rules of misconduct
C''FY Oil 'FH.~~"
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Hon. Mayor and Common Council
November 19, 1986
Page 2
while serving as City Attorney because a city official
conferred with a member of his staff concerning a possible
conflict of interest and a Superior Court judge ruled that
any evidence developed during what the court termed an
attorney-client relationship was tainted and could not be
used against the city official. The State Bar determined
that Rules of Professional Conduct 4-101 and 5-102(b),
concerning representing conflicting interests and accepting
employment adverse to the interests of the client, had been
violated.
In order to avoid entanglement with the rule concerning the
representation of conflicting interests, the policy of the
City Attorney under Government Code Section 91001.5 and
Government Code Section 1090 will be to represent the
interests of the City of San Bernardino, a municipal
corporation, and the Community Development Commission, a
public body corporate, in connection with the rendering of
legal advice to city and commission officials concerning
conflicts of interest under the Political Reform Act of 1974.
(Title 19) and Government Code Section 1090.
In accordance with this policy, all requests for legal advice
concerning possible conflicts of interest will be referred to
the Mayor and Common Council (or the Community Development
Commission, if appropriate) at a public meeting for direction
to render such legal advice on behalf of the City of San
Bernardino or the Community Development Commission to the
Mayor and Common Council. Such legal advice would be given
at a public meeting of the legislative body or would be
addressed to the Mayor and Common Councilor Commission and
become a public record.
In the event any city officer, other than the Mayor and
Members of the Common Council, requests legal advice
concerning a possible conflict of interest, such officer
would be requested to ask the Mayor and Common Councilor
Commission to direct the rendering of such legal advice with
the understanding that the advice would be to the Mayor and
Common Council as elected representatives of the City of San
Bernardino, a municipal corporation, or the Community
Development Commission, a public body corporate, and that the
municipal corporation or public body corporate would be the
only client of the attorney rendering such legal advice.
ll/19/86
-
-
.
Hon. Mayor and Common Council
November 19, 1986
Page 3
I hope that this policy will meet with your approval and that
it will serve the best interests of the City of San
Bernardino and its citizens.
/~~~,
RALPH H. PRINCE
City Attorney
RHP:lr
11/19/86