Thousand Oaks Municipal Code Art. 5 Office of the City Attorney

The Office of the City Attorney is hereby established. It shall consist of the City Attorney and other positions authorized by the Council. The City Attorney shall administer the department and be responsible for the successful performance of its functions. The City Attorney shall serve under the direct supervision and control of the Council as its and the City’s legal advisor.

The City Attorney may retain or employ other attorneys, assistants, or special counsel as may be needed to take charge of any litigation or legal matters or to assist the City Attorney therein.

(§ 1, Ord. 889-NS, eff. May 28, 1985)

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

(§ 1, Ord. 889-NS, eff. May 28, 1985)

The functions of the Office of the City Attorney shall be to:

(a) Represent and appear for the City, its City Council, boards, and commissions in all legal actions or proceedings in which they are concerned or are a party; and represent and appear for any City officer or employee, or a former City officer or employee, in all actions or proceedings in which such officer or employee is a party defendant due to the performance of official duties;

(b) Advise the City Council and all City officers in all matters of law pertaining to their offices;

(c) Furnish service at meetings of the City Council, except when excused or disabled, and give advice or opinions on the legality of all matters under consideration by the City Council, or by any of the boards and commissions, or officers of the City;

(d) Prepare ordinances, resolutions, contracts, and other legal instruments as shall be required or may be deemed necessary by the City Attorney for the proper conduct of the business of the City and approve the form of such contracts and bonds given to the City;

(e) Prosecute on behalf of the people all criminal cases for violations of City ordinances; and

(f) Perform such other legal duties as may be required by City Council or as may be necessary to complete the performance of the foregoing functions. The authority of the City Attorney to perform such duties, including execution of contracts, on behalf of the City in excess of that amount stated in Section 3-10.108 may be delegated by City Council by resolution, contractual provision, and/or vote action reflected in the official meeting minutes of City Council.

(§ 1, Ord. 889-NS, eff. May 28, 1985; § 3, Ord. 1745-NS, eff. January 9, 2026)

The Council upon three affirmative votes may remove the City Attorney at its pleasure and without cause upon providing written notice of a termination date. Rights of the City Attorney to severance pay and any other arrangements incident to termination shall be in accordance with any contractual arrangement entered into between the City Council and the City Attorney at the time of or after his/her appointment by the Council that is not inconsistent with this section.

(§ 1, Ord. 889-NS, eff. May 28, 1985)

Notwithstanding any other provision of this article to the contrary, the City Attorney shall not be removed from office during or within a period of ninety (90) days next succeeding any general municipal election at which election a member of the Council is elected. This provision is to allow any newly-elected member of the Council or a reorganized Council to observe the actions and ability of the City Attorney in the performance of the powers and duties of that office. After the expiration of such period, the provisions of Section 2-1.504 shall apply.

(§ 1, Ord. 889-NS, eff. May 28, 1985)

Neither the Council nor any member thereof shall give orders to any subordinates of the City Attorney. The City Attorney shall take orders and instructions from the Council, as a body, and no individual Councilmember shall give any orders or instructions to the City Attorney. The provisions of this section shall not be construed to prevent any Councilmember from discussing matters with the City Attorney and staff.

(§1, Ord. 889-NS, eff. May 28, 1985)

All City officers shall assist the City Attorney in administering the duties of that office efficiently, economically, and harmoniously so far as may be consistent with their duties as prescribed by the laws and regulations of the City.

(§ 1, Ord. 889-NS, eff. May 28, 1985)