Chapter 2.06 — TOWN ATTORNEY

The office of the town attorney is created and established. The town attorney shall be appointed by the town council wholly on the basis of ability and qualifications and shall hold office for and during the pleasure of the town council. (Ord. 118 (part), 1984)

The town attorney shall be an attorney-at-law, duly admitted to practice by the Supreme Court of the state, and licensed by the state to practice therein, and shall have been engaged in the practice of law in the state for a period of not less than five years immediately prior to appointment. (Ord. 118 (part), 1984)

The town attorney shall have those powers, duties and limitations granted by California Government Code Sections 41801 through 41803.7 and amendments, and specifically the following powers and duties:

A.

Represent and advise the town council, town officers, boards and commissions in all matters of law pertaining to their offices;

B.

Represent and appear for the town in any or all actions or proceedings in which the town is concerned or is a party, and represent and appear for any town officer, employee, board or commission, or former town officer, employee, board or commission, in any or all actions and proceedings in which any such officer, employee, board or commission is concerned or is a party arising out of any act or omission committed in the course and scope of the employment or performance of the official duties of such officer, employee, board or commission;

C.

Upon request of the town council attend any meetings of the town council, and give advice or render an opinion in writing whenever requested to do so by the town council, by any of the boards, commissions or

officers of the town; provided, that any such request for a written opinion shall first be submitted in writing to the town manager for his review and information;

D.

Approve the form of all contracts made by and all bonds given to the town, endorsing such contracts or bonds with such approval;

E.

Prepare or approve any and all proposed ordinances or resolutions for the town and amendments thereto;

F.

Prosecute all violations of this code; the town council may assign the duties of prosecution of state misdemeanors to either the district attorney or the town attorney, with the consent of the district attorney, by resolution. (Ord. 118 (part), 1984)

Editor's note— Ord. No. 516, § 1, adopted June 7, 2011, repealed § 2.06.040, which pertained to town attorney full-time hours and derived from Ord. 118 (part), 1984.

A.

Required Vote—Notice. The removal of the town attorney, with or without cause, shall be as then constituted, convened in a regular council meeting, subject, however, to the provisions of subsections B, C and D of this section. In case of his intended removal by the town council, the town attorney shall be furnished with a written notice stating the council's intention to remove him, at least thirty days before the effective date of his removal. In the event of removal of the town attorney for misconduct, he shall be terminated immediately without the right to compensation accruing after the date of termination.

B.

Hearing. Within seven days after the delivery to the town attorney of a notice of intended removal, he may, by written notification to the town clerk, request a hearing before the town council. Thereafter, the town council shall fix a time for a hearing, in either an open or a closed session, prior to the effective date contained in the notice of intended removal, at which the town attorney shall appear and be heard, with or without counsel.

C.

Suspension Pending Hearing. After furnishing the town attorney with written notice of intended removal, or concurrent therewith, the town council may suspend him from duty, but his compensation shall continue until his removal by action of the council passed subsequent to any requested hearing provided pursuant to subsection B of this section.

D.

Discretion of the Council. In removing the town attorney, the town 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 such hearing being to allow the town attorney to present to the town council his grounds of opposition to his removal prior to its action. (Ord. 118 (part), 1984)

Nothing in this chapter shall be construed as a limitation on the power or authority of the town council to enter into any supplemental agreement with the town attorney.

(Ord. No. 516, § 2, 6-7-2011; Ord. 118(part), 1984)

Town attorney compensation shall be determined by the town council.

(Ord. No. 516, § 3, 6-7-2011; Ord. 118(part), 1984)