Monterey County Municipal Code Ch. 2.21 County Counsel

The County of Monterey has an appointed County Counsel in lieu of receiving legal services from the District Attorney. It is appropriate to set forth more specifically in the County Code the role and duties of the County Counsel and the Office of the County Counsel.

(Ord. No. 5298, § 1, 2-13-2018)

The County Counsel shall be appointed and reappointed, and may be removed, only as set forth in California Government Code Section 27641.

(Ord. No. 5298, § 1, 2-13-2018)

The County Counsel shall be at all times a member in good standing of the State Bar of California and licensed to practice law in the State of California. The County Counsel shall also be admitted to practice law in the United States District Court for the Northern District of California and the United States Court of Appeals for the Ninth Circuit, or shall seek appointment to those jurisdictions immediately upon appointment.

(Ord. No. 5298, § 1, 2-13-2018)

The County Counsel shall have and discharge all of the rights, privileges, and duties set forth in Chapter 12 of Part 3 of Division 2 of Title 3 of the California Government Code (commencing with Section 27640) and the rights, privileges, and duties of the District Attorney other than public prosecutor as set forth in Articles 2 and 3 of Chapter 1 of Part 3 of Division 2 of Title 3 of the California Government Code (commencing with Section 26520).

(Ord. No. 5298, § 1, 2-13-2018)

A. Consistent with state law, the County Counsel shall be the sole legal advisor to the County, the Board of Supervisors, public entities for which the Board of Supervisors is the legislative body ("County related entities"), and all elected or appointed officers of the County or County related entities acting in the officers' official capacity. The County Counsel shall appoint such assistants and deputies as may be necessary to perform the duties of office, subject to the budgetary control of the Board of Supervisors.

B. Consistent with state law authorizing appointment of a County Counsel, to avoid conflicting advice and to provide for consistent applications of the law, elected or appointed officers of the County and County related entities shall not have any authority to contract for legal services, and shall not seek or receive legal advice in their official capacity from anyone other than the County Counsel, except:

1. Upon the recommendation and concurrence of the County Counsel:

a. When specialized legal services are necessary that the County Counsel's Office cannot provide;

b. The County Counsel determines that it is in the entity's or officer's best interest; or

c. In order to avoid an actual or potential conflict of interest in the representation of multiple parties; or

2. In the case of a disqualifying conflict of interest of the County Counsel, but then only if an appropriate ethical wall cannot be established that allows an assistant or Deputy County Counsel to provide legal advice.

C. The Board of Supervisors retains the authority granted by state law and may, upon a four-fifths vote, retain outside legal counsel for the benefit of the County when:

1. Specialized legal services are necessary that the County Counsel's Office cannot provide;

2. The workload of the County Counsel's Office prevents adequate representation without short-term additional staff;

3. It is necessary to avoid an actual or potential conflict of interest in the representation of multiple parties;

4. There is a disqualifying conflict of interest of the County Counsel, but then only if an appropriate ethical wall cannot be established that allows an assistant or Deputy County Counsel to provide legal advice; or

5. The Board finds that it is in the best interest of the County.

D. Subject to the limitations on contracting authority set forth in this Code or state law, the County Counsel shall execute and manage all contracts for legal and related services entered into for the benefit of the County, County related entities, and their elected or appointed officers.

(Ord. No. 5298, § 1, 2-13-2018)

A. Risk management functions for the County of Monterey shall be discharged in the County Counsel's Office. The County Counsel shall appoint and supervise the County's Risk Manager, who shall discharge the duties of Risk Manager, including as set forth in the County Code, either directly or through designees. The County Counsel may organize the County Counsel's Office in a manner the County Counsel deems appropriate for the discharge of the County's risk management functions.

B. The Risk Manager is authorized to approve deviations from or modifications to the standard insurance and indemnification requirements for County contracts if, in the Risk Manager's opinion, and with the concurrence of the County Counsel and the Department processing the contract, the deviations or modifications are in the best interests of the County, are consistent with standard industry practice, are appropriate for the particular contract, and do not expose the County to any undue or inordinate risk of liability.

(Ord. No. 5298, § 1, 2-13-2018; Ord. No. 5395, § 2, 1-31-2023; Ord. No. 5419, § 2, 7-9-2024)