Chapter 2.56 — CITY ATTORNEY’S OFFICE

Sections: 2.56.010 City Attorney’s Office. 2.56.020 City Attorney--Duties. 2.56.030 City Attorney--Document drafting responsibilities--Council meeting attendance. 2.56.040 City Attorney--Sole Legal Advisor; Exclusive Contracting Authority. 2.56.050 City Attorney--Recordkeeping and delivery of documents to successor required. 2.56.060 City Attorney--Action as ex officio prosecuting attorney. 2.56.070 Persons authorized to act when City Attorney absent or disabled. 2.56.080 City Attorney’s Office--Funding.

• For Charter provisions authorizing the council to create City departments, see Charter § 31.

A City Attorney’s Office is created which shall be under the direction and administrative control of the City Attorney, subject to the general direction of the City Council, and shall consist of the City Attorney and such other employees as the City Attorney may hire into the department. (Ord. 7929-NS § 1, 2024; Ord. 5990-NS § 1, 1990; Ord. 5434-NS § 2 (part), 1982; Ord. 3069-NS § 6.01, 1949)

The City Attorney shall be the chief administrative officer of the City Attorney’s Office, and shall prosecute and defend for the City of Berkeley, all actions at law or in equity, and all special proceedings for or against the City, except in the case of the Berkeley Housing Authority, the Board of Education, the Rent Stabilization Board and any other boards whose members are elective officers pursuant to the City Charter. The City Attorney shall commence any legal proceedings when directed to do so by the City Council, and shall give legal advice verbally or in writing to the Mayor, the City Council, the City Manager, chief officials, departments, boards and commissions, when requested to do so by them, upon questions of law arising in their official capacities, involving the rights and liabilities of the City, or take an appeal to any appellate court, unless ordered not to do so by the City Council. (Ord. 7929-NS § 1, 2024; Ord. 5990-NS § 1, 1990; Ord. 5434-NS § 2 (part), 1982; Ord. 4985-NS § 1 (part), 1977; Ord. 3069-NS § 6.02, 1949)

meeting attendance.

The City Attorney shall draw such ordinances, resolutions and contracts, or other instruments, as shall be requested by the City Council, and shall attend the meetings of the City Council when requested to do so by the Mayor or members of the council, or where necessary to carry out the duties detailed in Section 2.56.020. (Ord. 7929-NS § 1, 2024; Ord. 5434-NS § 2 (part), 1982; Ord. 3069-NS § 6.03, 1949)

The City Attorney shall be the sole legal advisor to the City of Berkeley. Whenever the interests of the City require it, in the sole professional judgment of the City Attorney, exercised in accordance with the California Rules of Professional Conduct, outside legal counsel may be employed at the expense of the City. Neither the City Manager, nor any other officials, departments, boards or commissions may enter into a contract with a licensed attorney except with the express authorization of the City Attorney, and only where the scope of the contract expressly excludes legal services. All contracts whose scope includes legal services to be rendered to the City must be made by the City Attorney or their authorized designee. Contracts entered into in violation of this provision are void and unenforceable. (Ord. 7929-NS § 1, 2024)

successor required.

The City Attorney shall keep on file in their office all written communications and opinions, briefs and papers used in cases wherein they appear, subject to reasonable records retention policies. The City Attorney shall deliver all books, records, papers, documents and property of every description, belonging to the City, to their successor in office. (Ord. 7929-NS § 1, 2024; Ord. 5434-NS § 2 (part), 1982; Ord. 3069-NS § 6.05, 1949)

The City Attorney shall be ex officio prosecuting attorney and shall prosecute all criminal violations of the provisions of the Charter or any City ordinance. (Ord. 7929-NS § 1, 2024; Ord. 5434-NS § 2 (part), 1982; Ord. 3069-NS § 6.06, 1949)

In the absence or disability of the City Attorney, the Assistant City Attorney shall perform the duties and exercise the powers of the City Attorney. In case of the absence or disability of both the City Attorney and the Assistant City Attorney, the Mayor shall appoint a Deputy City Attorney as Acting City Attorney who shall perform the duties and exercise the duties and powers of the City Attorney until such time as the City Attorney or Assistant City Attorney is able to return or the City Council approves the appointment of a new City Attorney. (Ord. 7929-NS § 1, 2024; Ord. 5434-NS § 2 (part), 1982; Ord. 4618-NS (part), 1973; Ord. 3069-NS § 6.07, 1949)

A. In order to ensure that the legal needs of the City are met, the Charter states that upon presentation of a proposed budget by the City Attorney, the City Council shall provide funds sufficient to carry out the responsibilities of the office of City Attorney and for the City Attorney’s department, subject to available resources.

B. The City Attorney’s Office shall be exempt from any City Manager or City Council policy to require City departments to save a portion of their budget as targeted savings, except where Council determines otherwise. The City Attorney shall be authorized to transfer budgeted funds between personnel and non-personnel line items, to the extent that those resources are needed to perform the duties of the City Attorney, and remains within the budget adopted by the City Council.

C. Funds allocated to the City Attorney’s Office shall not be returned to the General Fund for other purposes except at the express direction of the City Council. (Ord. 7929-NS § 1, 2024; Ord. 5990-NS § 1, 1990; Ord. 5434-NS § 2 (part), 1982; Ord. 3069-NS § 6.04, 1949)