Article VI — CITY ATTORNEY

Section 600. - DEPARTMENT OF LAW.

The Department of Law shall consist of the City Attorney, and such employees as the City Council may provide for in the budget.

Sec. 601. - QUALIFICATION AND TERM OF OFFICE OF THE CITY ATTORNEY.

The City Attorney shall be elected by the qualified electors of the City, and shall hold office for four (4) years, and until his successor shall have been elected and qualified. He must be qualified to practice in all the courts of the State of California, and must have been so qualified for at least five (5) years immediately preceding the first day upon which candidates for the office of the City Attorney are permitted to file nominating petitions for such office with the City Clerk.

Sec. 602. - APPOINTMENTS BY THE CITY ATTORNEY.

The City Attorney shall appoint all members of the Department of Law, for whose acts he shall be responsible. Such appointees shall serve at the pleasure of the City Attorney. All assistants and deputies of the City Attorney, at the time of their appointment, must have been qualified to practice in all courts of the State of California for one year immediately preceding the date of their appointment.

Sec. 603. - POWERS AND DUTIES OF THE CITY ATTORNEY.

The City Attorney shall have the following powers and duties:

(a)

To be the sole and exclusive legal advisor of the City, the City Council and all City commissions, committees, officers and employees with reference to all of their functions, powers and duties under this Charter, State and Federal law;

(b)

To draft all ordinances, contracts, and other legal documents;

(c)

To attend to all suits, matters and proceedings in which the City may be legally interested;

(d)

To defend all suits for damages instituted against officers and employees and former officers and employees for acts performed by them in furtherance of their duty while in the employ of the City;

(e)

To approve in writing the form of all bonds required by the City and all contracts before the same are entered into on behalf of the City;

(f)

To investigate and enforce on behalf of the City all provisions of this Charter, of the general law applicable to municipal corporations, and of the ordinances of the City, in all courts in the State of California, except criminal cases.

The City Council shall have control of all litigation of the City, to the extent that the relationship between attorney and client permits or authorizes such control by the client; and at the request of the City Attorney, may employ other attorneys to assist the City Attorney.

Sec. 604. - VACANCY IN THE OFFICE OF THE CITY ATTORNEY.

In the event of a vacancy in the office of the City Attorney, for any reason, the City Council shall designate an Assistant City Attorney or Deputy City Attorney, who shall become the Acting City Attorney and shall serve in that position until the City Council appoints a successor for the unexpired balance of the term. Any person serving as Acting City Attorney must possess the qualifications prescribed for the City Attorney.