Chapter 2.06 — COUNTY COUNSEL

There is in the county a county counsel department, hereafter in this chapter referred to as the department.

(Prior admin. code § 5-39.01)

The executive officer of the department is the county counsel, appointed by the board of supervisors. A person is not eligible to the office of the county counsel unless he has been admitted to practice in the Supreme Court of the state.

(Prior admin. code § 5-39.02)

The county counsel shall perform civil legal work for all departments, boards, commissions, officials and special districts as prescribed by state law, the Charter, and ordinances not inconsistent therewith, which duties shall include, but not by way of limitations:

A.

to give opinions to county and district officers on matters relating to the duties of their respective offices;

B.

To defend all suits brought against the state in Alameda County or against Alameda County;

C.

To prosecute all recognizances forfeited and all actions for the recovery of debts, fines, penalties and forfeitures accruing to the state or county;

D.

Upon request, to prepare all legal papers and forms necessary for the voting of school bond issues, and render advice thereon;

E.

Upon request of the auditor or treasurer, to defend or prosecute any action brought by or against the auditor or treasurer for the purpose of testing the validity or constitutionality of any act of the State Legislature providing for payment of the county funds or funds held in trust by the county, only in those cases where the interest of the county is not adverse;

F.

Upon request of any judge or constable, to appear for and represent the judge or constable if such judge or constable is a party defendant in any action;

G.

To commence suits in the name of the county, recover money paid without authority of law by the board of supervisors or any county officer, or to restrain the payment thereof. An order of the board is not necessary in order to maintain such suits;

H.

To be the legal advisor of the board of supervisors and to attend its meetings, when required, and to attend and oppose all claims and accounts against the county he deems unjust and illegal;

I.

When directed by the board of supervisors, to bring a civil action to abate a public nuisance in the county.

(Prior admin. code § 5-39.03)

The county counsel, upon order of the board of supervisors, shall take any actions or proceedings necessary for the abatement and removal and enjoinment, in the manner provided by law, of any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of the zoning ordinance of the county.

(Prior admin. code § 5-39.04)

The county counsel is an advisory member of the county planning commission.

(Prior admin. code § 5-39.05)

The county counsel and the assistants, deputies or other attorneys employed in his office shall not personally engage in the private practice of law in or out of court or be interested directly or indirectly therein; provided that they may without compensation act as attorney for themselves and their mothers, fathers, spouses, children, brothers and sisters in matters and causes which have not been assigned; and provided further that they may without compensation render legal services on behalf of nonprofit religious, charitable, scientific or educational institutions, provided that there is no conflict of interest involved in said legal services. The county counsel may also without compensation in his private capacity as an attorney represent public districts, public boards and public officers in their official and personal capacities, and sureties on their bonds given in an official capacity, whenever in the opinion of the county counsel such representation is for the best interests of the public or the public service; and provided further that the county counsel may appear without compensation as amicus curiae in matters and proceedings when in his opinion such appearance is for the best interest of the public or the public safety.

(Prior admin. code § 5-39.06)