Yuba County Municipal Code Ch. 2.40 Office of County Counsel

There is hereby created the position of County Counsel pursuant to of the Government Code § 27640.

(Prior Code, § 2.40.010; Ord. No. 264)

The County Counsel shall be an active member of the State Bar of California and shall be appointed by a majority of the Board of Supervisors at a salary to be determined by resolution of the Board. The term of office and conditions for removal shall be as prescribed in Government Code § 27641. If not a County resident on the date of selection, he or she shall establish residence in Yuba County effective upon date of his or her appointment and shall maintain a physical and legal residence within Yuba County unless waived by the Board of Supervisors.

(Prior Code, § 2.40.020; Ord. No. 264)

The County Counsel shall:

(1) Discharge all the duties vested by law in the District Attorney other than those of public prosecutor, as prescribed by Government Code § 27642.

(2) Attend all meetings of the Board of Supervisors and receive assignments from the Board.

(3) Render legal opinions in writing and orally in response to requests from County officers and department heads.

(4) Draft contracts, leases, deeds, ordinances, resolutions, and other legal instruments for the Board of Supervisors, departments and special districts of the County.

(5) Prosecute legal actions on behalf of, and defend actions against, the County and its subdivisions before courts of origin, appellate courts, and various administrative bodies.

(6) Attend meetings of boards and commissions.

(7) Analyze legislation affecting the County of Yuba during State legislative sessions and advise the Board as to the intent of proposed legislation, and represent the Board at the State Legislature as directed by the Board.

(Prior Code, § 2.40.030; Ord. No. 264)

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter, or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.