Morgan Hill Municipal Code Ch. 2.09 City Attorney

The office of city attorney is established. There shall be a city attorney appointed by the city council on the basis of his or her experience and ability. The city attorney shall serve at the pleasure of the city council. The city attorney may be employed through and subject to a written contract, notwithstanding any appointive or removal authority otherwise provided for in this municipal code or personnel policies of the city.

(Ord. 1417 N.S. § 1 (part), 1998)

The city attorney shall have the power and be required to:

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

B. Represent and appear for the city, its council, boards and commissions, in any or all legal actions or proceedings in which they or any of them are concerned or are a party;

C. Upon request of a current or former officer or employee of the city, defend such officer or employee in any legal action or proceeding brought against such officer or employee, either in their official or individual capacity or both, on account of any act or omission in the scope of their employment as an officer or employee of the city, and whenever the city is required by state law to provide such defense or whenever the council elects to provide such defense even though not required to do so. Provided, however, that the city attorney may refuse to provide such defense whenever, in his or her opinion, provision of such a defense would conflict with other duties or responsibilities, in which event the city shall provide other legal counsel if required to do so under state law or if the council elects to do so;

D. Attend meetings of the city council and redevelopment agency, attend other boards and commissions as deemed necessary by the city attorney, provide advice or opinion verbally and/or in writing whenever requested to do so by the city council, boards, commissions or other officers of the city;

E. Approve the form of all bonds given to and all contracts made by the city, endorsing approval thereon in writing;

F. Prepare any and all proposed ordinances or resolutions for the city, and amendments thereto;

G. Prosecute on behalf of the people all criminal cases for violation of the municipal code and state law as appropriate;

H. Subject to the approval of the city council, determine the composition of the staff of the city attorney's office. Notwithstanding other provisions of this code or personnel rules, regulations or practices to the contrary, the city attorney shall appoint, supervise, discipline and dismiss such staff in his or her discretion, provided, however, that salary and benefits of such staff are subject to establishment by the city council. For purposes of this chapter, the term staff shall be defined as including deputy and assistant city attorneys, paralegals, law clerks, interns and clerical support personnel;

I. Author and administer the department budget, submitting the same to the city council for its approval;

J. Ensure that in his or her absence or disability, an acting city attorney is duly designated and available to the city council and staff;

K. On vacating the office, surrender to his or her successor all books, papers, files and documents pertaining to the city's affairs;

L. Perform such other legal functions and duties incident to the execution of the foregoing powers as may be necessary, and perform such other legal services as may be required by the city council or imposed by law.

M. To initiate and settle, without prior approval of the city council, any small claims action within the jurisdiction of California Code of Civil Procedure Section 116.220, or successor statute, to collect outstanding debt owed to the city.

The city attorney shall have control of all legal business and proceedings, including the employment, in the city attorney's discretion, of other attorneys, appraisers or other technical and expert services to assist with or to take charge of any litigation or matter.

(Ord. 1417 N.S. § 1 (part), 1998)

(Ord. No. 1996 N.S., § 1, 12-1-2010)

The city council and its members shall deal with the legal services of the city only through the city attorney, except for the purpose of inquiry, and neither the city council nor any members thereof shall give orders to any subordinates of the city attorney. The city attorney shall take his or her orders and instructions, when necessary, from the city council only when given at a duly held meeting or under the direction of the legal subcommittee (as directed by the city council), and no individual council member shall give any orders or instructions to the city attorney.

(Ord. 1417 N.S. § 1 (part), 1998)