Clayton Municipal Code Ch. 2.11 City Attorney

There is created the office of city attorney in accordance with California Government Code § 36505. The city attorney shall be appointed by the city council and shall serve at the pleasure of the city council.

The city attorney shall prosecute or defend any and all suits or actions at law or equity to which the city may be a party, or in which it may be interested, or which may be brought against, or by, any officer of the city on behalf of the city, or in the capacity of such person as an officer of the city as requested by the City Council.

It shall be the duty of the city attorney to seek the full enforcement of all judgments or decrees rendered or entered in favor of the city, and of all similar interlocutory orders as requested by the City Council.

The city attorney shall be the legal advisor of the city, and shall render advice on all legal questions affecting the city, whenever requested to do so by the city council or as authorized through its city manager. Upon request by the city council, the city attorney shall commit any such opinion in writing.

The city attorney shall attend meetings of the city council, unless excused by the city council or as authorized by the city manager.

Upon request by the city council or as authorized through its city manager, the city attorney shall prepare or review any contract, lease or other documents or instruments to which the city may be a party, and draft ordinances covering assigned subjects within the power of the city.

The City Council may designate an assistant city attorney to assist in the duties and appear in the place and stead of the city attorney during necessary absence from the city.

On vacation of the appointed office, the city attorney shall surrender to his or her successor all books, papers, files and documents pertaining to present and past City affairs as required by state law.