Willits Municipal Code Ch. 2.10 City Attorney

The office of the city attorney is created and established. The city attorney shall be appointed by the city council and shall hold office solely at the pleasure of the city council.

(Ord. 89-9 §2 (part)).

No person shall be appointed to the office of city attorney unless he or she possesses the following minimum qualifications:

A. The person has graduated from a law school accredited by the state in which the law school is or was located;

B. The person is licensed to practice law in the state of California;

C. The person is admitted to practice law before the United States District Courts for the Northern and Eastern District of California; and

D. No disciplinary action has been taken against said person by the State Bar of California prior to his or her appointment to the office of city attorney.

(Ord. 89-9 §2 (part)).

The city attorney shall, at the discretion of the city council, obtain and keep in force and effect, during the term of his or her office, legal malpractice insurance, the coverage and policy limits to be determined by the city council.

(Ord. 89-9 §2 (part)).

The city attorney shall appoint, subject to the approval of the city council, an attorney who meets the qualifications set forth in Section 2.10.020 of this chapter to act as the city attorney during any temporary absence or disability of the city attorney.

(Ord. 89-9 §2 (part)).

The city attorney shall receive such compensation and expense allowances as the city council shall from time to time determine and fix by resolution, and said compensation and expenses shall be a proper charge against such funds of the city as the city council shall designate.

The city attorney shall be reimbursed all sums necessarily incurred or paid by that person in the performance of his or her duties or incurred when traveling on business pertaining to the city under the direction of the city council. Reimbursement shall only be made, however, when a verified itemized claim, setting forth the sum expended for such business for which reimbursement is requested, has been presented and approved by the city council.

(Ord. 89-9 § 2(part)).

The city attorney shall: (1) provide the city with advice and counsel in oral or written form pertaining to municipal legal matters at the request of the city council, mayor, city manager or city clerk; (2) be available for consultation with city staff as determined by the city manager; (3) be available for consultation with councilmembers on matters pertaining to the city; and (4) represent the city in all matters at law or in equity before any court, administration agency or governmental body as directed by the city manager, mayor or city council. The city attorney shall be the official responsible for the prosecution and enforcement of all city ordinances in all courts of competent jurisdiction. Such enforcement or prosecution is to be undertaken only at the direction and approval of the city council.

(Ord. 91-5 § 2; Ord. 89-9 § 2(part)).

Nothing in this chapter shall prohibit the city council from entering into a contract with an attorney to serve and perform the duties of the city attorney; provided the provisions of the contract are in accordance with and subject to the terms and conditions of this chapter.

(Ord. 89-9 § 2(part)).