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City
Attorney
by
Monty Rainey, Junto Society
The
Office of City Attorney provides legal services to the City
Council, City bureaus, boards, commissions, agencies, and to
individual City employees when required. Usually, under the
terms of the City Charter, the City Attorney is appointed by and
serves at the pleasure of the City Council. The City Attorney may
have deputies who are appointed by and serve at the pleasure
of the City Attorney or as delegated to the Chief Deputy City
Attorneys. Deputy City Attorneys are exempt from civil service.
The
City Attorney's client is the City. Deputies are assigned by the
City Attorney to provide legal services to various City bureaus
and operations. The City Attorney and staff have an
attorney-client relationship with the City.
The
office's legal services include representing the City in a
variety of areas including tort lawsuits, workers' compensation
actions, personnel actions and discrimination lawsuits, other
labor matters, land use and planning appeals, public records
matters, code enforcement, constitutional challenges, license
fees, foreclosure and lien actions, nuisance abatement, small
claims, interpleader and civil forfeiture, real property matters,
construction and contractor disputes, collections, housing
issues, pension and benefit matters, environmental issues, water
and natural resources law, toxic waste issues, park operations,
business regulation, and fiscal and taxation matters.
In
addition, the office provides various legal opinions and contract
and document reviews for the City Council and City bureaus. Most
City programs and operations entail some legal staff involvement.
The
City Attorney administers the City's occasional use of outside
legal counsel, when those services are required.
Under
normal working conditions, the City Attorney and staff have three
primary categories of responsibility:
First,
policing the official actions of the City, it's elected
officials, and employees to ensure that they do not violate the
law or the ethical standards provided by law.
Second,
providing advice to and advocating on behalf of elected officials
and bureau managers and staff, to support municipal operations,
programs, and community policies.
Third,
approving or disapproving contracts, agreements, ordinances, and
other official City actions, including ballot titles, settlements
of employee grievances, disputed claim settlements, property
deeds and instruments, to ensure actions are legally binding, in
proper form, and not subject to hidden liability.
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