El Monte Municipal Code Ch. 2.16 City Attorney

A. The office of City Attorney is hereby established which shall consist of one person holding the office of City Attorney who shall be appointed by the City Council and such Assistant and Deputy City Attorneys as may be appointed by the City Attorney. All persons holding the Office of City Attorney, Assistant or Deputy 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, each Assistant and Deputy City Attorney shall take and sign an oath of office and file same with the City Clerk prior to assuming the duties of said office provided that no oath shall be required by any lawyer contracted as special counsel by the City Council.

C. For purposes of the Governmental Tort Claims Act, the City Attorney, each Assistant and Deputy City Attorney is an employee of the city.

(Ord. 2502 § 1 (part), 1999: prior code § 2250)

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, all boards and commissions of the city, all officials, officers and employees 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, a City Councilmember, the City Administrator, or the City Administrator'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 Administrator;

3. Attend regular and special meetings of the Planning Commission;

4. Attend regular and special meetings of the City's boards or commissions as may be necessary from time to time;

5. Approve or prepare all ordinances and resolutions;

6. Approve, negotiate and/or prepare all contracts to which the city is a party, which shall be a condition of their validity and effectiveness;

7. Defend all actions brought against the city, its elected and appointed officials, and all of its employees except as otherwise permitted by law;

8. Prosecute all civil actions in favor of the city as may be authorized by the City Council;

9. Prosecute any civil actions in favor of the city which are authorized by statute if said 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;

10. Prosecute all violations of the El Monte Municipal Code which constitute infractions or misdemeanors;

11. Report to the City Council on the legal affairs of the city in the manner and time as requested by the City Council;

12. Review and supervise all liability claims filed against the city except for those asserted against the police department or employees thereof;

13. Supervise the Assistant and Deputy City Attorneys and each special counsel retained by the City Council;

14. Such duties and functions as the City Council may delegate by contract or resolution.

(Ord. 2502 § 1 (part), 1999: prior code § 2251)

The City Attorney is vested with the following authority and functions:

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

B. Contract for special counsel to provide legal services and for litigation experts to provide specialized knowledge to the city provided that all such contracts shall be approved by the City Council and that the cost thereof shall not exceed the amounts authorized or approved by the City Council.

C. Delegate any duty of the City Attorney to an Assistant City Attorney, a Deputy City Attorney or special counsel.

D. Negotiate, review and/or approve all contracts to which the city is a party 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.

(Ord. 2502 § 1 (part), 1999: prior code § 2252)

A. All elected officials, officers, appointees, employees, contractor employees and contractors of the city shall provide assistance, cooperation and information to the City Attorney in the performance of the duties and functions described herein.

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.

(Ord. 2502 § 1 (part), 1999: prior code § 2253)

No officer, appointee, employee or contractor employee of the city shall negotiate any contract on behalf of the city without the advice, consent and direction of the City Attorney. No officer, appointee, employee or contractor employee of the city shall enter into any contract on behalf of the city without the written approval of the City Attorney and the authorization of the City Council. Any contract entered into on behalf of the city contrary to the provisions hereof shall be null and void and not binding on the city.

(Ord. 2502 § 1 (part), 1999: prior code § 2254)

The City Council shall determine the compensation of the City Attorney by resolution and/or written agreement. The City Council may grant such benefits that are available to the management employees of the city to the City Attorney, Assistant City Attorney or Deputy City Attorney. The City Council may reimburse such attorneys for their reasonable travel and lodging expenses when necessary to perform the city's business or attend seminars on municipal matters.

(Ord. 2502 § 1 (part), 1999: prior code § 2255)

The person appointed to the office of City Attorney shall hold said office at the pleasure of the City Council or for such term prescribed by the City Council provided that said term shall not exceed three (3) years from the date of any appointment or from the date of any renewal of such term or appointment.

(Ord. 2502 § 1 (part), 1999: prior code § 2256)

The City Council may enter into a written agreement with the City Attorney or any Assistant City Attorney or Deputy 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 provided that said agreement may not conflict with the provisions of this chapter.

(Ord. 2502 § 1 (part), 1999: prior code § 2257)