San Bernardino County Municipal Code Ch. 19 County Counsel

There is hereby established, pursuant to the authority of Section 1 of Article II of the Charter of the County of San Bernardino, State of California, the Office of County Counsel, said Office to be a County Office of department head status in the Unclassified Service of the County.

(Ord. 1601, passed - -1970)

The County Counsel shall be an attorney admitted to practice in the courts of this State.

(Ord. 1601, passed - -1970)

The County Counsel shall be appointed by the Board of Supervisors by majority vote and shall hold office at the pleasure of the Board subject to removal for cause, pursuant to Section 6 of Article II of the County Charter.

(Ord. 1601, passed - -1970)

The salary of the County Counsel shall be fixed by the Board of Supervisors by ordinance in the same manner in which salaries are fixed for other County officers and employees.

(Ord. 1601, passed - -1970)

The County Counsel shall be the appointing authority for all assistants, deputies, and other personnel in the Office of the County Counsel, all of whom shall be in the Classified Service of the County and shall be appointed and hold office pursuant to applicable civil service rules and regulations.

(Ord. 1601, passed - -1970)

It shall be the duty and responsibility of the County Counsel to provide legal advice, assistance, and representation to the Board of Supervisors, to the department heads of the County, and to any other agency, board, commission, or person authorized to call upon his or her services by statute or ordinance to the extent of such authorization. Unless obligated to provide such services without fee, he or she shall establish a schedule of fees and charge such fees to the parties utilizing the services of his or her office. Any such fees collected by the Office of County Counsel shall be deposited in the County General Fund.

(Ord. 1601, passed - -1970)

(a) The County Counsel or his or her designee, with consent from the County department or other Board governed entity involved, is authorized to consent to the filing of a lawsuit, cross-complaint, lien, or other legal action on behalf of San Bernardino County or other Board governed entity to seek compensation for damage to property or personal injury to a County or other Board governed entity employee occasioned in the course and scope of the individual's employment.

(b) The County Counsel or his or her designee is authorized to allow, deny, compromise or settle any claim or lawsuit that is presented or filed against San Bernardino County or other Board governed entity, its officers or employees provided:

(1) The amount to be paid pursuant to such allowance, compromise or settlement does not exceed $50,000; provided further, that if the matter is in litigation, whether in a court of law or administrative proceeding, the allowance, compromise or settlement is with the concurrence of any County Department or other Board governed entity involved in the action and with the concurrence of any outside counsel retained to represent San Bernardino County, or other Board governed entity, its officers or employees;

(2) The claim or lawsuit is not subject to the terms of an insurance policy wherein the insurer is granted the authority to allow, deny, compromise or settle claims or actions within the scope of such policy;

(3) The action is not one which the Risk Management Department is actively handling pursuant to County Code § 12.3405; and

(4) The action does not involve an employee's or former employee's claim that alleges, solely, entitlement to back-pay.

(c) The County Counsel or his or her designee is authorized to settle any claim or lawsuit that is presented or filed by San Bernardino County or other Board governed entity against any person or entity provided the settlement is no more than $50,000 less than what is owed to the County or other Board governed entity; provided further, that if the matter is in litigation, whether in a court of law or administrative proceeding, the compromise or settlement is with the concurrence of any County department or other Board governed entity involved in the action.

(d) In all actions or lawsuits that are allowed, compromised or settled, the Auditor-Controller shall, upon written order of the County Counsel or his or her designee, and in accordance with the terms of such allowance, compromise or settlement, cause the necessary warrant to be issued upon the Treasury of San Bernardino County or other Board governed entity in an amount for which such claim, lawsuit or Workers' Compensation claim or action has been allowed, compromised or settled pursuant to this Section.

(Ord. 3995, passed - -2006; Am. Ord. 4498, passed - -2025)

In addition to the duties and responsibilities set forth in § 12.1906, from time to time it is necessary to retain specialized outside counsel to assist the County Counsel in the provision of legal services. The County Counsel shall also have the authority and be responsible for the selection and retention of all legal counsel engaged in the representation of the County, and to any other agency, board, commission, or person authorized to receive legal services from County Counsel.

The Chief Executive Officer, as directed by the Board of Supervisors in specified circumstances, shall also have the authority and be responsible for the selection and retention of legal counsel engaged in the representation of the County, and to any other agency, board, commission, or person authorized to receive legal services from County Counsel. The Chief Executive Officer shall consult with the County Counsel on any potential conflict of interest prior to formal engagement of outside legal counsel.

Notwithstanding any County procurement policy, the County Counsel is delegated the authority and discretion to select and retain specialized outside counsel for a particular matter not to exceed $200,000 per fiscal year. The Chief Executive Officer is delegated the authority and discretion to select and retain specialized outside counsel for a particular matter not to exceed $200,000 per fiscal year upon approval by the Board of Supervisors.

(Ord. 3995, passed - -2006; Am. Ord. 4356, passed - -2019; Am. Ord. 4422, passed - -2021)