Orange Municipal Code Ch. 2.22 Department of Law

The Department of Law shall be supervised by the City Attorney, who is appointed by the City Council. The removal of City Attorney shall be only upon a majority vote of the whole Council of the City at a regular Council meeting; subject, however, to the following provisions:

In case of the intended removal by the City Council, the City Attorney shall be furnished with the written notice stating the City Council's intention to remove said City Attorney. The effective date of such removal shall be shown upon the written notice. Within seven days after the delivery to the City Attorney of such notice, said City Attorney may, by written notification to the City Manager, request a hearing by the City Council. Thereafter, the City Council shall choose a time for the hearing which shall be held at its usual meeting place and at which the City Attorney shall appear and be heard. In removing the City Attorney, the City Council shall use its uncontrolled discretion, and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing; the purpose of which hearing is to allow the City Attorney to present to said City Council the grounds of opposition to such removal. The City Attorney shall enforce all laws and act to protect the interests of the City and shall:

A. Advise Council. Advise the Council or its committees of any City officer, when thereto requested, upon all legal questions arising in the conduct of City business;

B. Prepare Ordinances. Prepare or revise ordinances or resolutions when so requested by the Council or any committee thereof. When the City Manager and City Attorney agree there is an emergency situation, prepare ordinances, resolutions or other documents for consideration by the Council;

C. Give Opinions. Give his or her opinion upon any legal matter or questions submitted to him or her by the Council, or any of its committees, or by any City officer;

D. Attend Meetings. Attend all Council meetings in their entirety for the purpose of giving the Council any legal advice requested by its members;

E. Prepare Legal Instruments. Prepare for execution all contracts and instruments to which the City is a party and shall approve, as to form, all bonds required to be submitted to the City;

F. Prosecute Offenders. When authorized by the Council, prepare all charges and complaints and appear in the appropriate court, in the prosecution of every person charged with the violation of a City ordinance;

G. Immediate Report of Decision. Immediately report the outcome of any litigation in which the City has an interest to the City Council and City Manager;

H. Control Legal Services to Council Action. Have charge of all legal services which are provided on behalf of the City and the Council;

I. Keep Records—Suits. Keep a complete record of all suits in which the City had or has an interest, giving the names of the parties, the court where brought, the nature of the action, the disposition of the case, or its condition if pending, and the briefs of counsel.

(Prior code 2201.3; Ord. 51-80; Ord. 12-20, 2020; Ord. 06-24, 4/9/2024)