2.16.030 Qualifications.

   Any person appointed to the office of City Attorney shall be a member of the State Bar in good standing and preferably should have the following qualifications:

   (A)   Three years of experience in the practice of law with two of such years to be in a municipal law office;

   (B)   The ability to maintain effective working relations with city officials and the public;

   (C)   Knowledge of legal principles and practices, including civil procedure and rules of evidence;

   (D)   The ability to research, analyze and apply legal principles;

   (E)   The ability to present logically and clearly statements of law, fact and argument.

(`78 Code, § 2.16.030.)

2.16.040 Authority of Council.

   The City Attorney shall work under the direction and control of the City Council and shall be responsible only to the City Council for his or her actions.

(`78 Code, § 2.16.040.)

2.16.050 Cooperation with city administration.

   The City Attorney shall cooperate at all times with the City Manager and all department heads to the end that all affairs of the city shall be administered economically and harmoniously. He or she shall take direction from the City Manager regarding priority and completion of all matters not involving court action and shall keep the City Manager fully informed of his or her time schedule with respect to all matters involving court action. Subject to the directions and control of the City Council, the City Attorney shall have full direction and control of all court actions the city may be involved in.

(`78 Code, § 2.16.050.)

2.16.060 Duties.

   The City Attorney shall perform the following duties and the same are expressly assigned to him or her:

   (A)   He or she shall advise the City Council, the City Manager, all commissions of the city and all officers and departments of the city on all matters of law and shall review all proposed action of the parties for legality;

   (B)   He or she shall draft or assist in the drafting of all ordinances, resolutions, motions, agreements and contracts to be made or entered into by the city and approve the form of such instruments;

   (C)   He or she shall prosecute all violators of city ordinances and shall represent the city in all actions at law;

   (D)   Except during authorized vacation periods, he or she shall attend all City Council meetings and Planning Commission meetings;

   (E)   He or she shall perform all legal work with respect to the acquisition, sale or abandonment of real property, including the execution of certificates of acceptance for real property that have been duly accepted by the City Manager pursuant to § 2.04.060(X) or the City Council pursuant to applicable law;

   (F)   He or she shall review all claims against the city and shall make recommendations thereon;

   (G)   He or she shall perform all legal work regarding elections, special assessment districts and bond issues;

   (H)   He or she shall perform such other duties as may be required by state law or as the Council may from time to time direct.

(`78 Code, § 2.16.060.) (Ord. 3184 § 2, 2014.)

2.16.070 Providing legal services to city by contract.

   Except for §§ 2.16.030 through 2.16.060, this chapter shall not apply to an attorney who is providing legal services to the city pursuant to a contract with the city; §§ 2.16.030 through 2.16.060 shall be applicable to the attorney insofar as the provisions of the sections are consistent with the written contract between the attorney and the city.

(`78 Code, § 2.16.070.)

2.16.080 Staff.

   The City Attorney shall appoint qualified persons to fill all positions authorized by the City Council in its position library and compensation plan, sometimes referred to as a classification library, jobs library or similarly titled document, to be utilized in his or her office or in any department or division under the direction of him or her. The City Attorney shall have the sole authority to appoint, control, discipline, order, direct and remove all such employees in accordance with this code and the personnel rules of the city.

(`78 Code, § 2.16.080.) (Ord. 3189 § 5, 2015.)

2.16.090 Hours of duty - Private practice.

   The City Attorney shall expend as much time as necessary to perform the duties of his or her office and in any event shall expend no less than an average of 40 hours per week in the performance of the duties of the office. The City Attorney shall have the right to maintain a private legal practice; provided, that the practice involves no conflict of interest with his or her representation of city as City Attorney; provided further, however, that the maintenance of the practice does not interfere with his or her performance of his or her duties as City Attorney; and provided further, however, in conducting the practice he or she does not become engaged in trials of an adversary nature.

(`78 Code, § 2.16.090.)