Manteca Municipal Code Ch. 2.09 City Attorney

The office of city attorney of the city of Manteca is created and established. The city attorney shall serve under the direct supervision and control of the city council as its legal advisor.

(Ord. 2020-08 § 1)

The city attorney is appointed by the affirmative vote of at least a majority of the city council solely on the basis of their legal qualifications and ability. The city attorney shall be an attorney admitted to practice in the state of California. No member of the city council shall receive such appointment during the term for which they serve or within one year after the expiration of their term of office.

(Ord. 2020-08 § 1)

The city attorney is appointed by the city council and holds office for and during the pleasure of the city council. The removal of the city attorney is only upon a three-fifths vote of the city council. Notwithstanding this provision, however, the city attorney will not be removed from office, except for cause, during or within a period of ninety days next succeeding any general or special municipal election held in the city at which election a member or members of the city council is elected; the purpose of this provision is to allow any newly elected member of the city council to observe the actions of the city attorney in the performance of the powers and duties of their office.

(Ord. 2020-08 § 1)

The city attorney receives such compensation and benefits as the city council will from time to time determine and fix, and the compensation will be a proper charge against such funds of the city that the city council designates. The city attorney is reimbursed for all sums necessarily incurred or paid in the performance of duties, or incurred when traveling on business pertaining to the city under direction of the city council.

(Ord. 2020-08 § 1)

The city attorney is the legal counsel of the city government under the direction and control of the city council, except as otherwise provided in this chapter. The city attorney is responsible for the efficient administration of the legal matters pertaining to city business. In addition to the city attorney general powers as the legal counsel, and not as a limitation thereon, the city attorney has the duty and power to:

A. Advise the city council and all city officers in all matters of law pertaining to their offices;

B. Provide legal counsel at all meetings of the city council and planning commission, except when excused or disabled, and give advice or opinions on the legality of all matters under consideration by the council, or by the boards, commissions, or officers of the city;

C. Prepare and/or approve all ordinances, resolutions, agreements, contracts, and other legal instruments as is required for the proper conduct of the business of the city, and approve the form of all contracts, agreements and bonds given to the city;

D. Defend all civil litigation filed against the city, and prosecute civil litigation advancing the interests of the city as authorized by the city council;

E. Prosecute on behalf of the people cases for violations of city ordinances;

F. The city attorney may employ or retain other attorneys to take charge of any litigation or matter to assist the city attorney therein;

G. Appoint and remove those employees of the city attorney's office allocated by the city council through the annual city budget as necessary and appropriate to assist the city attorney in performance of the duties and responsibilities of the office;

H. Perform such other legal tasks as may be required by the city council or as may be necessary to complete the performance of these duties.

(Ord. 2020-08 § 1)

The city attorney takes orders, directions, and instructions from the city council only when sitting in a duly held meeting of the council, and no individual councilmember shall give any order or instruction to the city attorney. All employees of the city attorney's office shall deal with the city council solely through the city attorney. This is not meant to restrict or limit contact and communications from city attorney staff to the city council. However, any councilmember may, as an individual, request pertinent information on municipal legal affairs from the city attorney.

The city council and its members deal with the city attorney's office solely through the city attorney. This requires that neither the city council nor any individual member gives any direct orders to any of the subordinates of the city attorney. However, this is not meant to impede or restrict access by any city councilmember to city attorney office staff for the purpose of collecting information they feel they need to do their job as an elected official.

(Ord. 2020-08 § 1)