Santa Maria Municipal Code Ch. 2-4 City Attorney

The office of City Attorney is created.

(Prior Code § 2-16)

A legal department is established. The City Attorney shall be the head of the department. The department shall be under the authority of the City Manager; provided, however, that the decision of the City Attorney shall be controlling as to all legal questions.

(Prior Code § 2-17)

With the approval of the City Manager, the City Attorney is authorized to initiate all proceedings in law or equity for the defense of the City and for the enforcement of all City ordinances. The City Manager may appoint special counsel to take charge thereof or assist the City Attorney.

(Prior Code § 2-19)

The City Attorney shall receive such compensation and benefits as the Council shall fix from time to time by ordinance or resolution.

(Ord. 2016-05 § 1, eff. 3/2/16)

The City Attorney has the power and duty to advise the City Council, City Manager, City Planning Commission, the City Clerk and the City Treasurer in all legal matters pertaining to City business.

(Prior Code § 2-20(a))

The City Attorney has the power and duty to prosecute on behalf of the City all criminal cases arising upon violations of this Code or other City ordinances.

(Prior Code § 2-20(b))

The City Attorney has the power and duty to attend to all suits and other matters to which the City is a party or in which the City may be legally interested.

(Prior Code § 2-20(c))

The City Attorney has the power and duty to attend all meetings of the Council and the Planning Commission unless excused therefrom. He shall be notified by the City Clerk of all meetings of the Council and by the secretary of the Planning Commission of all meetings of the Planning Commission.

(Prior Code § 2-20(d))

The City Attorney has the power and duty to give his advice or opinion in writing whenever required by the Council, City Manager, Planning Commission, City Clerk or City Treasurer.

(Prior Code § 2-20(e))

The City Attorney shall approve the form of all bonds given to and all contracts made with the City.

(Prior Code § 2-20(f))

(a) The City Attorney shall draft all proposed ordinances and amendments thereto for the City Council, and no proposed ordinance or amendment thereto shall be placed on the agenda of or be considered by the City Council unless the ordinance has been so drafted by the City Attorney; provided further, that resolutions by boards and commissions of the City recommending adoption of an ordinance or an amendment thereto shall state the subject matter under consideration and the purpose which the board or commission recommends be achieved by the proposed ordinance or amendment thereto, and may include a proposed text thereof. Upon order of the City Manager, the City Attorney shall draft the proposed ordinance or amendment thereto for presentation to the City Council.

(b) The City Attorney shall prepare all proposed resolutions for the City Council, except as provided in this chapter, and no other resolutions shall be placed on the agenda of the City Council or be considered by the City Council at any regular or adjourned regular meeting except resolutions of a ceremonial nature, which latter type of resolution shall include but not be limited to resolutions commemorating certain dates or events, expressing commendation for citizens or organizations and resolutions expressing the views of the Council as to public affairs which do not involve the status, powers, rights, duties, obligations or liabilities of the City.

(Prior Code § 2-20(g))

The City Attorney has the power and duty to perform other legal services than those specified in this chapter as required from time to time by the City Council or City Manager.

(Prior Code § 2-20(h))

A City Attorney shall be appointed and removed by a majority vote of the City Council and shall be chosen by the Council solely on the basis of executive and administrative qualifications.

The City Attorney may not be removed from office, except for cause, during the first 90 days of a term of office of a Councilmember.

(Ord. 2004-01, eff. 2/20/04; Ord. 2016-05 § 2, eff. 3/2/16)