Chapter 2.30 — CITY ATTORNEY'S DEPARTMENT

There is created, pursuant to the Charter, a functional unit of city government known as the city attorney's department which shall be under the direction and control of the city attorney. The city attorney shall serve as the city prosecutor. The department shall be organized into two divisions: the civil division and the criminal division.

(Ord. 6841 § 1, 2000: Ord. 6608 § 1 (part), 1994)

A.

As the city's civil legal advisor, the city attorney shall:

Attend all meetings of the city council;

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

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;

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

Have charge and control of all civil actions and proceedings in which the city or any officer or employee, or former officer or employee, is concerned or is a party by reason of an act or omission in the scope of his/her employment. The city attorney may commence any action or settle any claim or action of a gross amount of $50,000 or less, exclusive of court costs; provided, however, that any such commencement of action or settlement in excess of $25,000 exclusive of court costs, shall

be with the approval of the city manager. No action or claim of more than a gross amount of $50,000, exclusive of court costs, shall be commenced or settled without the prior approval of the city council;

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

Draft any and all proposed ordinances and resolutions for the city when required by the city council or at the request of the city manager;

Retain and administer the services of an independent police auditor who reports to the city council, with the following duties:

a.

Serve as a best-practices advisor to the community police oversight commission;

b.

Have unimpeded access to all police department personnel complaints and investigations thereon, for auditing and reporting purposes, and, upon request and where feasible, be permitted to observe briefings received, interviews conducted, and deliberations on personnel matters including, but not limited to, use of force reviews, administrative reviews, and internal affairs reviews;

c.

Review all categorical uses of force by police department personnel to assess whether the police department's investigation into a use of force was complete, thorough, objective, and fair;

d.

Review investigations of personnel complaints of bias-based policing;

e.

As directed by or in conjunction with the community police oversight commission, recommend changes and additions to police department policies, procedures, and officer training;

f.

Issue public reports and give public presentations to the commission regarding police department operations, to the extent permissible under applicable law;

g.

Perform related duties;

h.

Notwithstanding the right to observe various stages of personnel matters and to play a role in reviewing and monitoring such matters, refrain from (1) directly or indirectly taking active participation in personnel matters; (2) taking personnel actions; (3) using records developed to take personnel actions; and/or (4) directing that action be taken on police department employees;

i.

Administer oaths and issue subpoenas for the production of records (in any form, other than personnel records) and attendance and testimony of witnesses (not employed by the city at all relevant times) to carry out the commission's functions, to the extent permitted by law and following the process set forth in Section 2.60.120 of this code, with the city clerk issuing such subpoenas under the seal of the city, and the chief of police causing such subpoenas to be served;

j.

Comply with all applicable laws, including, but not limited to, Sections 411(B) and 604(J) of the City Charter, and preserve the privacy of police department employees, the confidentiality of their personnel files, the confidentiality of police department files, and the confidentiality of other confidential information to the maximum extent permitted by law; and

Perform such other duties relating to the office as shall be required of him/her by law, ordinance, or the city council.

B.

As the city prosecutor, the city attorney shall:

Prosecute all misdemeanor and infraction offenses committed within the city arising out of violations of the laws of the state, ordinances of the city and provisions of the Charter of the city which are within the jurisdiction of the municipal court;

Handle all appeals arising as a consequence;

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

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

If there is no qualified or acting city prosecutor or assistant or deputy city prosecutor, an assistant or deputy city attorney shall perform the duties of city prosecutor.

(Ord. 6841 § 2, 2000: Ord. 6637 § 1, 1995; Ord. 6608 § 1 (part), 1994)

(Ord. No. 7368, § 4, 10-5-2020)

All assistants, deputies and employees in the department shall be appointed by and may be removed by the city attorney, and shall be subject to the direction and control of and perform such duties as shall be assigned to them by the city attorney.

(Ord. 6608 § 1 (part), 1994)