National City Municipal Code Ch. 2.02 City Attorney

The city attorney is established. The city attorney shall be the chief legal officer of the city and also serve as the city prosecutor. The office of the city attorney and city prosecutor shall be an entity separate and distinct from all other offices and departments. The city attorney shall investigate and enforce city laws and regulations through office hearings and court proceedings, both civil and criminal. The city attorney shall have the management and control of the office of city attorney and city prosecutor subject to all applicable personnel ordinances, rules and regulations.

(Ord. No. 2022-2494, § 2, 2-1-2022)

The city attorney shall be appointed by the city council and shall serve at the pleasure of the city council. The city attorney shall be an attorney-at-law duly admitted to practice law in the State of California.

(Ord. No. 2022-2494, § 2, 2-1-2022)

A. City Attorney Generally. In addition to the city attorney's general powers as the chief legal officer of the city, and not as a limitation thereon, as the city's civil legal advisor the city attorney shall:

1. Serve as the general counsel of the successor agency to the community development commission as the National City Redevelopment Agency, the parking authority, the housing advisory committee and the joint powers financing authority, as well as the subordinate commissions, boards, committees and advisory bodies of the city of National City;

2. Appoint and remove all such assistants, deputies, and clerical staff as the council may authorize;

3. Oversee the city risk manager's administration of the city's liability risk management program;

4. Have charge and control of all outside counsel engaged to advise the city council and any officer or employee in all matters pertaining to their offices or duties, except as otherwise provided by law or legal ethics;

5. Advise the city council and all city officers and employees in all matters of law pertaining to their offices or duties, or select outside counsel to so advise such persons unless a different selection procedure has been adopted by the city council;

6. Represent and appear for the city and all current and former city officers and employees in any or all civil actions or proceedings in which the city, or any current or former city officer or employee thereof by reason of an act or omission in the scope of officer's or employee's employment is concerned or is a party, or shall select outside counsel to so represent and appear for such persons;

7. Have charge and control of all civil actions and proceedings in which the city or any current for former city officer or employee is concerned or is a party by reason of an act or omission in the scope of his/her employment;

8. Approve the form of all bonds given to the city and all specifications, requests for proposals, and contracts made by the city;

9. Approve all proposed ordinances and resolutions for the city;

10. Attend all city council meetings, unless excused by the city council;

11. Attend such meetings of other boards and commissions of the city as the city attorney deems appropriate or as the city council may direct;

12. Perform such other duties relating to the office as shall be required of the city attorney by law, ordinance, or the city council; and

13. Perform all responsibilities of the city attorney in conformity with the California Rules of Professional Conduct.

B. City Prosecutor Generally. In addition to the city prosecutor's general powers under the laws of the State of California, and not as a limitation thereon, as the city's legal advisor on criminal prosecution, the city attorney shall:

1. Prosecute all misdemeanor and infraction offenses committed within the city arising out of violations of the laws of the city, and, when authorized by the laws of this state, prosecute misdemeanor offenses committed within the city arising out of violations of the laws of the State of California;

2. Handle all appeals arising as a consequence;

3. Draw complaints for such misdemeanors and infractions and prosecute all recognizances of bail bond forfeitures arising from or resulting from the commission of such offenses;

4. Have the power to issue subpoenas in a like manner as the district attorney under the authority of California Government Code Section 41803.7;

5. Perform such other duties relating to such office as shall be required by law, ordinance, or the city council; and

6. Perform all responsibilities of the city prosecutor in conformity with California Rules of Professional Conduct, a prosecutor's duty of independence and impartiality, and with unrestricted prosecutorial discretion.

(Ord. No. 2022-2494, § 2, 2-1-2022)

A. The city attorney shall deliver all records, documents, and property of every description belonging to the office of city attorney and city prosecutor or the city to the city attorney's successor in office.

(Ord. No. 2022-2494, § 2, 2-1-2022)