Coachella Municipal Code Ch. 2.20 City Attorney

A. The office of city attorney is established which shall consist of one person holding the office of city attorney who shall be appointed by the city council and such assistant city attorneys as may be appointed by the city attorney. All persons holding the office of city attorney or assistant city attorney shall be admitted and licensed to practice law in California. The person appointed to the office of city attorney shall possess sufficient experience, knowledge and judgment in municipal law as may be required by the city council.

B. The city attorney and each assistant city attorney shall take and sign an oath of office and file same with the city clerk prior to assuming the duties of the office provided that no oath shall be required by any lawyer contracted as special counsel by the city attorney.

C. For purposes of the Governmental Tort Claims Act, the city attorney and each assistant city attorney is deemed to be an employee of the city; but such designation shall not apply to any lawyer contracted as special counsel by the city attorney.

(Prior code § 2-201)

A. The city attorney shall be legal counsel to the city on legal matters affecting or pertaining to the city. In such capacity, the city attorney shall advise the city council, the mayor and city council members, all boards and commissions of the city, the city manager, the city clerk, the city treasurer and the heads of each department of the city on all legal matters affecting or pertaining to the city which are brought to the attention of the city attorney by the mayor, city council members or the city manager, or the city manager's designee provided that the city attorney, at all times, shall represent the interests of the city.

B. The duties of the city attorney shall include the following:

1. Attend regular meetings of the city council unless excused by the mayor or the city council;

2. Attend special meetings of the city council as may be requested by the mayor or city manager;

3. Attend regular or special meetings of the planning commission as may be requested by the mayor or city manager;

4. Approve or prepare all ordinances and resolutions and sign them;

5. Prepare and/or approve all contracts, not including purchases authorized by the purchase ordinance, to which the city is a party including the negotiation thereof as may be necessary and sign them prior to their approval by the city council;

6. Prosecute all civil actions in favor of the city as may be authorized by the city council;

7. Prosecute any civil actions in favor of the city which are authorized by statute if the statute provides for the recovery of attorneys fees and if, in the opinion of the city attorney it is reasonably likely that the city would recover attorneys fees sufficient to pay for the cost of litigation;

8. Prosecute all violations of this code which constitute infractions or misdemeanors except where the same is conducted by the district attorney of the county of Riverside at no cost to the city;

9. Report to the city council on the legal affairs of the city in the manner and time as requested by the city council;

10. Review and supervise all liability claims filed against the city; and

11. Such duties and functions as the city council may delegate by contract or resolution.

(Prior code § 2-202)

The city attorney is vested with the following authority and functions:

A. Appear on behalf of the city and represent the interests of the city in all actions or proceedings, whether legal, equitable or mandamus, to which the city or its officials, officers and employees may became parties.

B. Contract or hire special counsel to provide legal services and experts to provide specialized knowledge to the city provided that all such contracts shall be approved by the city council and that the cost of such services shall not exceed the amounts authorized by the city council.

C. Delegate any duty of such office to an assistant city attorney or special counsel as determined by the city attorney. For that purpose, the city attorney may hire any lawyer to act as special counsel to the city attorney or for the city subject to the consent of the city council.

D. Negotiate and/or review all contracts not including purchases authorized by the purchase ordinance, to which the city is a party, approve and sign said contracts and recommend their approval to the city council.

E. Join, as Amicus, those appeals to which the city is not a party but the outcome of which would affect the interests of the city.

F. Prosecute all civil actions in favor of the city as may be authorized by the city council.

G. Prosecute any civil actions in favor of the city which are authorized by statute if such statute provides for the recovery of attorneys fees and if, in the opinion of the city attorney it is reasonably likely that the city would recover attorneys fees sufficient to pay for the cost of litigation.

H. Prosecute all violations of this code which constitute infractions or misdemeanors except where the same is conducted by the district attorney of the county of Riverside at no cost to the city.

(Prior code § 2-203)

A. All elected officials, officers, appointees, employees, contractor employees and contractors of the city shall provide reasonable assistance and cooperation to the city attorney in the performance of the duties and functions described in this chapter.

B. All officers, appointees, employees, contractor employees and contractors of the city shall disclose all information known to them about any matter that may affect or pertain to the legal interests of the city.

C. No officer, appointee, employee or contractor employee of the city shall enter into any contract, not including purchases authorized by the purchase ordinance, on behalf of the city without the prior written consent of the city attorney and the approval of the city council. Likewise, no officer, appointee, employee or contractor employee of the city shall negotiate any contract, not including purchases authorized by the purchase ordinance, on behalf of the city without the advise, consent and direction of the city attorney. Any contract negotiated or entered into on behalf of the city contrary to the requirements of this chapter shall be null and void and they shall not bind the city.

(Prior code § 2-204)

The city council shall appropriate, in its sole judgment, sufficient funds in the annual budget to fund the duties and the costs of the office of the city attorney. The city manager and the city attorney shall adopt mutually satisfactory procedures for the expenditure and accounting of such funding.

(Prior code § 2-205)

The city council shall determine the compensation of the city attorney by resolution and/or written agreement. The city council may grant the same benefits available to the management employees of the city or the equivalent of such benefits except for a car allowance. The city council may provide for the reimbursement of the city attorney's reasonable travel and lodging expenses when necessary to perform the city's business or attend seminars on municipal matters.

(Prior code § 2-206)

The person appointed to the office of city attorney shall hold such office for the term prescribed by the city council provided that such term shall not exceed five years from the date of any appointment or from the date of any renewal of such term or appointment.

(Prior code § 2-207)

The city council may enter into a written agreement with the city attorney prescribing the term of such appointment and such other terms and conditions of employment as may be deemed necessary and reasonable including compensation and duties provided that such agreement may not conflict with the provisions of this chapter.

(Prior code § 2-208)