ARTICLE IX OFFICE OF COUNTY COUNSEL*
__________
*Note -- Article IX, Civil Service Commission, consisting of Sections 140 -142, repealed by Ord. No. 9482 (N.S.), effective 8-15-02; § 142 recodified as Art. III, § 68; new Article IX, Office of County Counsel, consisting of Sections 140 - 144, added by Ord. No. 9482 (N.S.), effective 8-15-02.
__________
Pursuant to San Diego County Charter Sections 704 through 704.5, the Office of County Counsel is recognized as the chief civil law advisor of the County for purposes of providing legal services and representation to the County, through the Board of Supervisors, Chief Administrative Officer, County Officers (elected or appointed), and other official County boards, commissions, bodies, and committees in their capacity of speaking for and performing services for the County. In addition, the County Counsel may also provide legal services and representation upon request to school districts, special districts, the Superior Court, and certain other public agency bodies as authorized by law. Hereinafter, reference to "County" shall include the aforementioned County bodies and officials, and reference to "County Counsel clients" shall include all of the aforementioned bodies and officials, unless otherwise specifically indicated. There is established in the County of San Diego an Office of County Counsel, hereinafter in this Article referred to as Office.
(Added by Ord. No. 9482 (N.S.), effective 8-15-02; amended by Ord. No. 10399 (N.S.), effective 1-14-16)
There is in the County and in the Office the position of County Counsel. The position shall be in the Unclassified Service of the County and shall be filled by appointment by the Board of Supervisors in accordance with the County Charter and of the rules and policies established thereunder, and County ordinances. The County Counsel shall serve at the pleasure of the Board of Supervisors. The County Counsel shall exercise general supervision of the Department.
(Added by Ord. No. 9482 (N.S.), effective 8-15-02; amended by Ord. No. 9839 (N.S.), operative 3-30-07)
(a) Pursuant to the San Diego County Charter, the County Counsel serves as the chief legal advisor to the County. In this capacity, the County Counsel shall provide legal services and representation to the County.
(b) No person, other than County Counsel, shall serve as the attorney or legal advisor to the County, and no County body or official shall hire, employ, retain, or use any person, other than County Counsel, for official legal advice, services, or representation for County purposes, except as provided by law or under the following circumstances:
(1) Conflict of Interest. Pursuant to the San Diego County Charter, when the County Counsel determines that a conflict of interest exists and determines to disqualify themself from representing the County in a specific matter, the County Counsel is authorized by the Board of Supervisors to obtain, and shall be responsible for obtaining, appropriate other counsel to represent the County in the particular matter.
(2) Specialized Legal Services. When the County Counsel determines that there is a need to obtain specialized legal services which are not available within the Office, the County Counsel is authorized by the Board of Supervisors to obtain, and shall be responsible for obtaining, appropriate outside counsel to provide the necessary expertise and specialized legal services required by the particular matter.
(3) Need for Additional Assistance. When the County Counsel determines that the legal needs of the County require additional attorney assistance not available through the Office, the County Counsel is authorized by the Board of Supervisors to obtain, and shall be responsible for obtaining, other appropriate counsel to provide legal services and representation to the County.
(4) County Counsels' Association of California. The County Counsels' Association of California ("Association") is a nonprofit mutual benefit corporation whose membership consists of the attorneys acting as county counsels of the 58 California counties. The Association provides a confidential forum over a variety of communication systems through which county counsels may share information protected by the attorney-client privilege, the attorney-work product doctrine, the common interest doctrine and other laws. The County Counsel is authorized by the Board of Supervisors to participate in all aspects and activities of the Association.
(Added by Ord. No. 9482 (N.S.), effective 8-15-02; amended by Ord. No. 10443 (N.S.), effective 12-15-16; amended by Ord. No. 10872 (N.S.), effective 1-4-24)
(a) The County Counsel shall act under the supervision of the Board of Supervisors and shall exercise general supervision over all functions of the Office and shall enforce such rules and regulations as are prescribed and approved by the Board of Supervisors.
(b) The County Counsel shall perform the following duties:
(1) Plans, directs, organizes, and evaluates the overall activities of the Office of County Counsel with respect to the provision of legal services and representation to County Counsel clients.
(2) Represents and provides legal services to the County in Juvenile Court with respect to juvenile dependency matters.
(3) Prepares ordinances, briefs, opinions, and other legal documents.
(4) Represents the County Counsel clients in litigation proceedings and participates in the preparation and litigation of cases in Federal and State Courts, and of administrative cases before Administrative Agencies.
(5) Reviews and approves as to form and legality contracts and other legal documents.
(6) Provides legal advice and risk analysis on issues of importance to the County Counsel clients.
(7) Plans, directs, organizes, and evaluates the overall activities of the Claims Division in the Office of County Counsel in connection with the processing and administration of public liability claims filed against the County in accordance with the provisions under Article X of this Code.
(8) Directs the development of the Office's annual budget and monitors the revenues and expenditures of the Office.
(9) Performs such other duties as may be requested by the Board of Supervisors, the Chief Administrative Officer, and other County Counsel clients in accordance with or as may be required or permitted by federal law, State law, the San Diego County Charter, or County Ordinance.
(Added by Ord. No. 9482 (N.S.), effective 8-15-02; amended by Ord. No. 10399 (N.S.), effective 1-14-16; amended by Ord. No. 10872 (N.S.), effective 1-4-24)
The County Counsel shall appoint and employ such personnel as may be necessary to conduct the business of the Office. All appointments and employments made by the County Counsel, other than Unclassified Service positions authorized in the Office, shall be in accordance with the provisions of the County Charter, Rules of the Civil Service Commission, and County ordinances.
(Added by Ord. No. 9482 (N.S.), effective 8-15-02)
The County Counsel is hereby authorized to enter into and execute contracts, and any other documents as are necessary for the execution of such contracts, for services with experts, consultants, or other counsel to assist in providing the County with legal services, legal representation, and support for such services or representation. The County Counsel shall report to the Board of Supervisors, at least annually, on the cost of such services utilized by the County Counsel.
(Added by Ord. No. 9482 (N.S.), effective 8-15-02; amended by Ord. No. 10872 (N.S.), effective 1-4-24)
Loading...