San Mateo County Municipal Code Ch. 2.14 County Counsel

There is a separate office of County Counsel. The County Counsel shall be a duly qualified and licensed attorney admitted to practice in all of the Courts of the State of California. The County Counsel shall act as legal advisor and counsel for the Board of Supervisors, the County Manager, County elected officials, various County offices, departments and boards and commissions as prescribed by general laws, and independent districts and/or agencies which are authorized to request legal services from the County Counsel. The County Counsel shall also act as attorney for the Public Administrator in the matter of all the estates under the jurisdiction of the Public Administrator, and in every such matter collect the attorney fees allowed by law and pay same into the County Treasury. The County Counsel shall represent the County in proceedings under Part 1 (commencing with section 5000) of Division 5 of the Welfare and Institutions Code.

(Ord. 4324, 08/15/06; Ord. 4327, 09/12/06)

The County Counsel shall, and is hereby authorized to charge hourly fees for each hour or pro rata portion thereof of professional services in any fiscal year, rendered to any independent district or agency which is entitled to request legal services from the County Counsel. Fees shall not be charged to any agency for which the Board of Supervisors is the governing board or ex officio governing board of the agency.

(Ord. 4324, 08/15/06; Ord. 4327, 09/12/06)

It shall be the duty of any Supervisor or other County officer, deputy, assistant or employee in the service of the County, or any member of a County board or commission, to transmit immediately to the County Counsel any and all pleadings or papers served upon him in any action or proceeding against him in his official capacity or against the County.

(Ord. 4324, 08/15/06; Ord. 4327, 09/12/06)

Notwithstanding any other provision of this code, except as provided herein, the Board of Supervisors has sole authority to retain the services of any attorney or law firm outside the County Counsel's Office for the purpose of providing legal services, advice, or representation to any County employee or department. Contracts for such services in an amount not exceeding the threshold set forth in California Government Code Section 25502.5 may be approved and entered into by the County Counsel. Contracts for such services in an amount exceeding the threshold set forth in California Government Code Section 25502.5 must first be reviewed by County Counsel and approved by the Board of Supervisors. The Controller shall not pay any bills for outside legal services unless the contract for the use of outside counsel has been approved in accordance with this section.

(Ord. 4324, 08/15/06; Ord. 4327, 09/12/06; Ord. 4389, 09/11/07)

(Ord. No. 04617, § 1, 5-22-2012; Ord. No. 04841, § 1, 4-6-2021)

Pursuant to Penal Code section 1305, the County Counsel is hereby designated as the County officer upon whom notice in any matter related to bail forfeiture must be served.

(Ord. 4324, 08/15/06; Ord. 4327, 09/12/06)

The County of San Mateo has a paramount interest in protecting the integrity of its governmental institutions. To further this interest, individuals should be encouraged to report possible violations of laws, regulations and rules governing the conduct of County officers and employees.

It is the intent of sections 2.14.060 through 2.14.100 of this chapter to protect all complainants or informants from retaliation for filing a complaint with, or providing information about, improper government activity by County officers and employees.

(Ord. 4324, 08/15/06; Ord. 4327, 09/12/06)

Any person who believes that a County employee or officer has engaged in improper governmental activity, as set forth below, should file a report. Reports concerning improper financial activity should be filed with the Board of Supervisors and reports concerning other improper activity should be filed with the District Attorney or the County Counsel. Complaint forms shall be available from the County Counsel's Office.

The complaint shall provide information that a County officer or employee has engaged in improper governmental activity in violation of state or federal law, County ordinance or administrative memoranda. Examples of such improper conduct include but are not limited to: violating local campaign finance laws, conflict of interest laws, or governmental ethics; misusing County resources; or using a County position to advance a private interest.

(Ord. 4324, 08/15/06; Ord. 4327, 09/12/06)

Upon receipt of a complaint, the office receiving the complaint shall promptly plan and conduct an appropriate investigation and notify the other offices and the Board of Supervisors or refer the complaint as appropriate. In the case of complaints filed with the Board of Supervisors, the President of the Board shall act on behalf of the Board unless the Board otherwise directs. The President of the Board may direct the County Counsel to plan and conduct the investigation. Depending on the nature of the alleged violation, the investigation may involve departmental management, Human Resources and/or appropriate law enforcement agencies. If the County Counsel's office is the subject of allegations contained in the complaint, the matter can be referred to the County Manager's office to plan and conduct an investigation regarding those allegations.

(a) Throughout the investigative process, all involved parties will treat the complaint and related information, including, but not limited to, information gathered and prepared in the course of the investigation of the complaint, as confidential unless otherwise necessary to conduct the investigation or unless disclosure is required by state law. A copy of the complaint may be given to the subject(s) of the complaint, unless it will hamper the investigation.

(b) In situations potentially warranting involvement from law enforcement and/or licensing agencies, the District Attorney and/or the County Counsel shall determine what action or referral should be made.

(c) At the conclusion of the investigation, the Board of Supervisors, District Attorney, County Counsel and/or the department will take the necessary steps to address the improper governmental activity, including any necessary systemic changes to minimize or prevent reoccurrence of any improper activity.

(d) After the investigation has been completed, the President of the Board of Supervisors may authorize the release of a summary of the investigation to the complainant as well as the subject of the complaint, if deemed appropriate.

(Ord. 4324, 08/15/06; Ord. 4327, 09/12/06; Ord. 4329, 09/26/06)

Any retaliation or reprisal by any County officer or employee against any complainant or informant is strictly prohibited; provided, however, if it is determined that a complaint was filed by a County employee in bad faith, said employee may be subject to appropriate disciplinary action. This prohibition against retaliation is in addition to the protections contained in California Labor Code section 1102.5, and any amendment thereto.

Any person may file a complaint under section 2.14.060 for violation of this section, provided the filing of such complaint does not excuse compliance with applicable provisions of any Memorandum of Understanding or Rule of the Civil Service Commission.

(Ord. 4324, 08/15/06; Ord. 4327, 09/12/06)

The County Manager shall promulgate such rules and procedures as are necessary and appropriate to ensure efficient and informed compliance with this chapter.

(Ord. 4324, 08/15/06; Ord. 4327, 09/12/06)

The County Counsel may, in the County Counsel's discretion, use the alternate title of "County Attorney." Any reference to "County Counsel" in this Ordinance Code or any other location, including, but not limited to County Charter, Board resolution, administrative memorandum, policy, or agreement, shall be interpreted to include the County Attorney. Conversely, any reference to "County Attorney" shall also be interpreted to include the County Counsel. This authority includes the discretion to use either title for the name of the office and any assistants, chief deputies or deputies of the position.

(Ord. No. 04861, § 3, 2-22-2022)