Santa Clara County Municipal Code Ch. II County Counsel

Footnotes:

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Cross reference— Legal advice to Assessment Appeals Board, § A4-20.

There is in the County a County Counsel's Department, hereafter in this chapter referred to as the Department.

(Code 1954, § 3.1.16-1)

There is in the County and in the Department the position of County Counsel. The County Counsel shall be appointed in accordance with the provisions of the Charter and shall be the executive officer of the Department and be under the supervision of the Board of Supervisors.

(Code 1954, § 3.1.16-2)

Charter reference— Appointment of County Counsel, § 301.

Subject to provisions of the Charter and this Code, the County Counsel shall have power to appoint, suspend or remove all assistants, deputies, clerks and other employees necessary to conduct the work of the Department.

(Code 1954, § 3.1.16-2)

Charter reference— Personnel system, Art. VII.

State Law reference— County Counsel generally, Government Code § 27640 et seq.

Requests for opinions of the County Counsel on any civil matter shall be made in writing if required by the County Counsel.

(Code 1954, § 3.1.16-3)

At his discretion, the County Counsel may attend any meeting of any board or commission appointed by the Board of Supervisors of the County pursuant to the Charter. He shall attend all meetings of the Board of Supervisors.

(Code 1954, § 3.1.16-4)

The County Counsel shall act as the legal officer of the departments, institutions, boards, commissions and districts of the County government. No such agency shall employ or consult any attorney for legal advice or counsel in any civil affair of the County government unless the County Counsel shall certify in writing to the County Executive that he is unable to act in behalf of the County.

(Code 1954, § 3.1.16-5)

It shall be the duty, of the head of each office or department to notify the County Counsel in writing of each and every claim for money, damages or redress of any kind whatsoever in favor of the County or in which the County is interested, which is uncollected after due diligence, to the end that suit may be filed within the time allowed by law; and it shall be the duty of each department head or officer to transmit to the County Counsel, immediately, any and all pleadings, or papers in any action or proceeding against such officer in his official capacity or against the County.

(Code 1954, § 3.1.16-6)

Editor's note— Ord. No. NS-300.839, adopted Mar. 15, 2011, repealed § A22-18, which pertained to settlements and derived from § 3.1.16-7 of the 1957 Code, in its entirety.

The County Counsel shall represent the County in proceedings under Part 1 of Division 5 of the Welfare and Institutions Code (Welfare and Institutions Code § 5000 et seq.).

(Code 1954, §, 3.1.16-3; Ord. No. NS-300.143, § 1, 11-4-70)