HomeMy WebLinkAboutMC-14971
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ORDINANCE NO. MC -1497
URGENCY ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF SAN BERNARDINO, CALIFORNIA, REPEALING CHAPTER 2.20 OF THE SAN
BERNARDINO MUNICIPAL CODE RELATED TO SPECIAL COUNSEL SERVICES
WHEREAS, the People of the City of San Bernardino adopted a new Charter at the
November 8, 2016 municipal election; and
WHEREAS, the new Charter was filed with the California Secretary of State on
January 31, 2017 and became effective on that date; and
WHEREAS, the Mayor and City Council in implementing the new charter provisions
have evaluated the municipal code relating to positions which are changing from elected to
appointed, including the City Attorney; and
WHEREAS, the Mayor and City Council have elected to explore options regarding
contracting out attorney services in whole or in part; and
WHEREAS, the provisions of existing Chapter 2.20 were adopted based on the City's
legal services being provided by an elected City Attorney and full time City employees, which
is inconsistent with the model for legal services the Mayor and City Council wish to pursue at
this time; and
WHEREAS, the elected City Attorney has a conflict in advising the Mayor and City
Council with respect to the issue of contracting with outside counsel for provision of legal
services currently provided by the City Attorney's Office; and
WHEREAS, the Mayor and City Council have determined that immediate repeal of
Chapter 2.20 is necessary in order to allow the Mayor and City Council, with support from the
City Manager, to fully explore the feasibility and desirability of contracting out the City's
legal services, and to manage special counsel services pending the Mayor and City Council's
decision, in order to preserve the public peace, health and safety.
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds that this Ordinance is necessary as an
emergency measure for preserving the public peace, health and safety.
SECTION 2. Chapter 2.20 of the San Bernardino Municipal Code — Special Counsel
Services is hereby repealed in its entirety.
SECTION 3. INCONSISTENCIES. Any provision of the San Bernardino Municipal
Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
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such inconsistencies, is hereby repealed or modified to the extent necessary to affect the
provisions of this Ordinance.
SECTION 4. SEVERABILITY. If any section, subsection, subdivision, sentence,
clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be
unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any
part thereof. The Mayor and City Council hereby declares that it would have adopted each
section irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, phrases, or words be declared unconstitutional, invalid, or ineffective.
SECTION 5. PUBLICATION. This Ordinance shall take effect and be in full force
immediately from and after the passage thereof, and prior to the expiration of fifteen (15) days
from its passage shall be published once in a newspaper of general circulation, printed and
published in the City of San Bernardino or, in the alternative, the City Clerk may cause to be
published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be
posted in the office of the City Clerk within fifteen (15) days after adoption, the City Clerk shall
cause to be published the aforementioned summary and shall post in the office of the City Clerk
a certified copy of this Ordinance together with the names of the members of the City Council
voting for and against the same.
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URGENCY ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF SAN BERNARDINO, CALIFORNIA, REPEALING CHAPTER 2.20 OF THE SAN
BERNARDINO MUNICIPAL CODE RELATED TO SPECIAL COUNSEL SERVICES
I HEREBY CERTIFY that the foregoing Urgency Ordinance was duly adopted by the
Mayor and City Council of the City of San Bernardino at a joint regular meeting thereof, held
on the 201h day of June 2018, by the following vote, to wit:
Council Members: AYES NAYS
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
X(M)
NICKEL
X
RICHARD
x
MULVIHILL
x 5
ABSTAIN ABSENT
George Hanna, CM , City Clerk
The foregoing Urgency Ordinance is hereby approved this
Approved as to form:
Gary D. Saenz, City Attorney
By:
- - -
3
R. Carey Davi
City of San B)
of June 20