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The City Attorney shall appoint an assistant or deputy who shall become the acting incumbent in case of any vacancy in such office. Such acting incumbent shall serve as City Attorney until a successor is appointed or elected as provided in Charter Section 409. Any such appointment made by the City Attorney shall be in writing filed with the City Clerk and may be changed from time to time. Any person appointed as acting incumbent must possess the qualifications prescribed for such office and shall take the oath prescribed in Charter Section 215 before assuming the duties as acting incumbent.
SECTION HISTORY
Based on Charter, Sec. 9.
Amended by: In Entirety, Ord. No. 173,287, Eff. 6-26-00, Oper. 7-1-00.
(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 the appointment, be qualified to practice in all of the courts of the State and must have been qualified at least two years next preceding the appointment.
(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 the Charter shall not be considered in the computation of time periods under this provision.
2. Every person having served for those periods enumerated in Subsection (a) of Section 1050 of the Charter 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 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.
3. Notwithstanding any other provision of Section 1050 of the Charter, 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 1015 of the Charter. The rules promulgated pursuant to Section 1050 of the Charter shall establish the procedures for such layoffs and for the establishment of reserve lists.
(c) Notwithstanding any other provision of the Charter, each City Attorney may appoint to serve at the pleasure of the City from among persons not then employed in the Office of the City Attorney no more than four assistants who meet the qualifications of Section 274 of the Charter 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 Section 1050 of the Charter 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.
SECTION HISTORY
Based on Charter, Sec. 42(10).
Amended by: Ord. No. 154,252, Eff. 9-11-80; Subsec. (b)(1), (2) and (3), Subsec. (c), Ord. No. 173,287, Eff. 6-26-00, Oper. 7-1-00.
Notwithstanding any other ordinance provisions, the City Attorney is hereby authorized to appoint temporary pro bono publico prosecutors. Such attorneys shall be volunteer workers only and shall serve gratuitously.
The City Attorney, with or without cause, may terminate any participant at any time. Each attorney, as a condition of appointment, shall execute appropriate documents acknowledging their obligation to the service of the City and further evidencing any waiver of all compensation and employment benefits including, but not limited to, enrollment in the City Employee’s Retirement System, accrual or receipt of sick leave, vacation, holidays, hospitalization and dental benefits.
SECTION HISTORY
Added by Ord. No. 153,548, Eff. 5-4-80.
Amended by: Ord. No. 155,177, Eff. 8-15-81.
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