Hawthorne Municipal Code Ch. 2.08 City Attorney

A. There is created, continued and established the position of city attorney who shall be appointed by the city council. He or she shall be an attorney at law, admitted to the State Bar of the state of California and duly licensed to practice law within this state.

B. There is created the position of deputy administrative counsel which shall not be within the classified service. The deputy administrative counsel shall be an attorney at law admitted to the State Bar of the state of California and duly licensed to practice law within this state.

(Prior code § 2-700; Ord. 994 § 2, 1971)

The city attorney shall be the legal adviser of the city council, redevelopment agency, housing authority, parking authority, public finance authority and all other city officers, departments, boards and commissions. In addition to duties that may be prescribed from time to time by the city council, redevelopment agency board and authority boards, the city attorney shall:

A. Draft, prepare or review all ordinances, resolutions, contracts, leases, development agreements, disposition and development agreements, owner participation agreements and any and all other legal documents;

B. Attend to, supervise or oversee all legal matters, litigation and lawsuits in which the city is a party or in which it is directly or indirectly interested;

C. Attend all city council meetings unless excused therefrom by the council or the mayor and attend all agency and authority board meetings unless excused therefrom by agency or authority board;

D. Institute proceedings against municipal officers to compel them to perform a duty enjoined upon them by law;

E. Approve as to form all contracts, agreements, development agreements, disposition and development agreements, owner participation agreements, resolutions, or ordinances concerning any matter placed on the agenda of the city council, planning commission, redevelopment agency, housing authority, parking authority or public finance authority;

F. All other duties and responsibilities as provided for in this code or the laws of the state.

(Prior code § 2-701; Ord. 2002 § 2, 2011)

In addition to the civil duties and responsibilities outlined herein, the city attorney shall prosecute all misdemeanors committed in the city according to the laws of the United States of America, state of California and city of Hawthorne. The city attorney shall be responsible for the issuance of criminal complaints, advising the police department as to all legal matters in relation to criminal offenses and establishing administrative procedure for the efficient prosecution of criminal offenses.

(Prior code § 2-702)

The city attorney shall receive a salary as determined by the city council.

(Prior code § 2-703)

The removal of the city attorney shall be only on a majority vote of the whole council. In case of his or her intended removal by the council, the city attorney shall be furnished with a written notice stating the council's intention to remove him or her and the reasons therefor at least thirty days before the effective date of his or her removal.

(Prior code § 2-704; Ord. 1032 § 3, 1973)

Within five days after the delivery to the city attorney of such notice, he or she may, by written notification to the city clerk, request a public hearing before the council. Thereafter the council shall fix a time for the public hearing which shall be held at its usual meeting place, but before the expiration of the thirty-day period, and at which the city attorney shall appear and be heard.

(Prior code § 2-705; Ord. 1032 § 4, 1973)

After furnishing the city attorney with written notice of intended removal, the city council may suspend him or her from duty, but his or her compensation shall continue until his or her removal; by resolution of the council passed subsequent to the aforesaid public hearing.

(Prior code § 2-706; Ord. 1032 § 5, 1973)

In removing the city attorney, the city council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing, the purpose of which is to allow the city attorney to publicly present to the city council his or her grounds of opposition to removal prior to its action.

(Prior code § 2-707; Ord. 1032 § 6, 1973)

Notwithstanding the provisions of this chapter, the city attorney shall not be removed from office during or within a period of ninety days next succeeding any general municipal election held in said city at which said election a member of the city council is elected; the purpose of this provision is to allow any newly elected member to the city council or a reorganized city council to observe the actions and ability of the city attorney in the performance of the powers and duties of his or her office. After the expiration of said ninety-day period aforementioned, the provisions of the preceding sections as to the removal of said attorney shall apply and be effective.

(Prior code § 2-708; Ord. 1032 § 6, 1973)

The office of city attorney is specifically excluded from the civil service or personnel system of the city.

(Prior code § 2-709; Ord. 1032 § 7, 1973)