Sec. 42. 

(1)  The City Attorney must be qualified to practice in all the courts of this State, and he must have been so qualified for at least five years next preceding his election. He shall devote his entire time to the duties of his office  (Added, 1925.)

The powers and duties of the City Attorney shall be as follows: 

(2)  The City Attorney must prosecute and defend for the City all actions at law or in equity, and special proceedings, for or against the City, or in which it may be legally interested, or for any officer of the City in any action or proceeding,  when directed so to do by the Council.  (Added 1925.)

Where the Charter imposes the duty upon the City Attorney to prosecute all violations of the City Charter, the Charter must control a general statute imposing such duties upon the District Attorney, and such statute is ineffective.

As no municipal function was to be performed by the prosecuting attorneys appointed under the state act, their salaries cannot be made a charge on the City treasury, and such act, in so far as it attempts to so direct the payment of such salaries, is inoperative and void.

Fleming v. Hance, 153 Cal. 162.

A public prosecutor, acting solely in his official capacity, is immune from liability for damages for a criminal prosecution instituted without his knowledge, even though it is maintained and carried on by him maliciously and without probable cause.

A prosecuting officer is a quasi-judicial officer as well as an executive officer,  and his decision that a criminal offense has been committed by the person accused is no less judicial in character if it be erroneous or swayed by prejudice or malice; and the duties of a prosecuting officer are such as to bring him within the class of public servants who, for reasons of public policy, incur no civil liability by their official acts.

Pearson v. Reed, 6 Cal. App. (2d) 277.

(3)  Whenever any cause of action at law or in equity or by special proceeding exists in favor of the City, the City Attorney shall commence the same when within his knowledge or when directed so to do by the Council. He shall give his advice or opinion in writing to any officer or board of the City, when requested so to do by such officer or board; provided, that the Council shall have control of all litigation of the City, and may employ other attorneys to assist the City Attorney therein, with his approval in writing first had and obtained.  (Added, 1925.)

The Board of Water and Power Commissioners, the Board of Harbor Commissioners, or any board in control of a department of the City government operating a public utility owned by the City, may, with the approval of the Council and City Attorney, given in writing but not otherwise, employ (and fix the compensation of and other conditions of employment, including termination of the same) other attorneys to assist the City Attorney in performing his duties in relation to any such department. The compensation for such extra legal services shall be paid out of the special funds under the control of the department receiving such services.  (Added, 1925.)

Where the Charter gives the City Council control of all litigation it authorizes the Council to determine what litigation shall be commenced, as well as how it shall be prosecuted thereafter.

Briare v. Matthews, 202 Cal. 1.

(4)  He shall approve, by endorsement in writing, the form of all official or other bonds required by this Charter, or by ordinance, before the same are submitted to the proper body, board or officer for final approval, and no such bond shall be approved without such approval as to form by the City Attorney. Except as otherwise in this Charter provided, he shall approve in writing the draft of all contracts before the same are entered into by or on behalf of the City. The City Attorney shall do and perform all such other things affecting or relating to his office as may be required of him by ordinance.  (Added, 1925)

Where there was a compliance with the only essential requirement of the Charter, that the form of the contract must have the approval of the City Attorney endorsed upon it before its approval by the Council, the fact that it was signed by the Clerk, under their authority for his signature, before their approval, was immaterial. Their approval of it with the Clerk’s signature was essentially equivalent to approving it before the Clerk signed.

The signing of the contract by the Clerk was but a ministerial act involving the exercise of no discretionary power and could be delegated. The order of the Council directing the Clerk to sign it for the City carried with it his authority to sign. 

Earl v. Bowen, 146 Cal. 754.

(5)  The City Attorney shall keep in his office proper books of record and registry of all actions and proceedings in his charge in which the City or any officer or board is a party or is interested, and copies of all written opinions given by him to any officer, board or department. All other papers, records and files otherwise required to be preserved may be disposed of in the manner provided by law.  (Amended, 1953.)

(6)  The City Attorney shall institute, attend and conduct, on behalf of the people, all criminal cases arising upon violation of the provisions of this Charter or the ordinances of the City, in the court of original jurisdiction, and on appeal.  (Amended, 1932.)

(7)  The City Attorney shall draw complaints in such cases, and prosecute all recognizances and bail bonds forfeited in said cases. He shall prosecute all actions for the recovery of fines, penalties and forfeitures and other money accruing to the City of Los Angeles in said cases.  (Added, 1925)

(8)  Whenever it shall be authorized by the laws of this state, the City Attorney shall prosecute any or all misdemeanor offenses arising upon violation of the laws of the state and appeals arising therefrom. He shall draw complaints for misdemeanors committed against the laws of this state, prosecute all recognizances and bail bonds forfeited in such misdemeanor cases and prosecute all actions for the recovery of fines, penalties and forfeitures accruing to the City or County of Los Angeles in said cases. (Added, 1925)

(9)  Whenever the laws of the state shall so provide, if any person held in custody or restraint by any peace officer of the City and charged with having committed any criminal offense against the provisions of the Charter of this City, or the ordinances thereof, or with having committed any misdemeanor or other offense in the City of Los Angeles against the laws of the state, shall apply for a writ of habeas corpus, a copy of the application for such writ must in any such case be served upon the City Attorney at such time and in such manner as may be provided by such laws, and it shall be the duty of the City Attorney to conduct all proceedings connected with or relating to the application for or hearing upon such writ on behalf of the people.  (Added, 1925.)

(10) 

(a)  The City Attorney may appoint such assistants, deputies, clerks, stenographers, and other persons as the Council, by ordinance, shall prescribe; provided, however, that each assistant must, at the time of appointment, be qualified to practice in all of the courts of the State and must have been so qualified at least two years next preceding the appointment.  (Amended, 1975.)

(b) 

1.  No person shall be removed, suspended or reduced in grade without good cause who shall have served continuously as an attorney in the Office of the City Attorney for two years or more immediately preceding such action or who shall have served continuously in any other capacity in the Office of the City Attorney for one year or more immediately preceding such action. The time during which persons serve at the pleasure of the City Attorney as prescribed in Subsection (10)(c) shall not be considered in the computation of time periods under this provision.  (Added, 1975.)

2.  Every person having served for those periods enumerated in Subsection (10)(b)1 who is removed, suspended, or reduced in grade, shall have the right to appeal to an impartial trier of fact in accordance with written rules promulgated by the City Attorney. Such rules and any amendments thereto shall, before they become effective, be submitted to the Council. If the council approves such rules, or if the Council fails to disapprove the rules within 60 days after submission thereof, they shall become effective. The rules shall provide for service upon the person involved of a written statement of grounds and for a fair hearing by an impartial trier of fact who may:  (1)  deny the appeal;  (2)  sustain the appeal and order that the appellant be reinstated with full back pay to the position from which removed, suspended, or reduced in grade; or  (3)  sustain the appeal in part and deny it in part and substitute as a lesser penalty either a suspension or a reduction in grade as may be appropriate. The trier of fact shall have the power to administer oaths and affirmations, examine witnesses under oath, and compel the attendance of witnesses and the production of evidence at the hearing by subpoena to be issued by the City Clerk.  (Added, 1975.)

3.  Notwithstanding any other provision of this subsection, any person employed in the Office of the City Attorney is subject to layoff due to lack of work, lack of funds, or abolishment of position in a manner consistent with the principles contained in Section 125. The rules promulgated pursuant to Subsection (10)(b)2 shall establish the procedures for such layoffs and for the establishment of reserve lists.  (Added, 1975.)

(c)  Notwithstanding any other provision of this subsection, each City Attorney may appoint to serve at the pleasure of the City Attorney from among persons not then employed in the Office of the City Attorney no more than four assistants who meet the qualifications of Subsection (10)(a) and no more than four other persons. At the time of such appointments, the City Attorney shall file with the City Clerk a statement identifying the persons so appointed. The appointment of all persons serving at the pleasure of the City Attorney shall terminate when the succeeding City Attorney is sworn in, unless such persons shall be reappointed by the succeeding City Attorney. In the event there is no vacancy in the class of positions to which a person is appointed under this provision, and should the Council fail to authorize an additional position, the person in the class to which the appointment is to be made having the least seniority in that class and higher classes shall be reassigned to a position in any other lower class of positions in which such person has displacement rights based on seniority under the provisions of Subsection (10)(b)3 or, at such person’s option, may be transferred to any vacant position in the Office at the same or lower level class for which such person is found by the City Attorney to be qualified.  (Added, 1975.)