HomeMy WebLinkAbout4152 ORDiNANCe, NO.
AN ORDINANCE governing the office of the City
Attorney.
WH~.R~S, the Office of the City Attorney in the City of
Bremerton is an appointive office and the duties of such office
vary greatly according to unforeseen circumstances affecting the
growth and development of the City; and
WHERB~S, the City Council deems it appropriate and
necessary to prescribe the duties of the City Attorney; and
WHER~$, the Charter of the City of Bremerton provides
unique guidance to the legislative and administrative branches of
9overnment of the City with respect to the City Attorney; now,
therefore
THE CITY OF BREMERTON DOES ORDAIN:
SECTION 1: A new chapter, Office of the City Attorney,
is added to the Bremerton Municipal Code to read as follows:
.010 - OFFICE CREATED- There is created the Office of
the City Attorney pursuant to the laws of the State of Washington
and the Charter of the City of Bremerton, which office shall be
filled by appointment of the Mayor subject to confirmation by the
City Council.
.020 - DUTIES - To accomplish the directives of the
City Charter and requirements of state law, the function of the
Office of the City Attorney shall include, but not be limited to:
a. Advise the Mayor, boards, commissions, department
heads, Council and its committees, and other City officials and
officers, including the rendering of formal legal opinions when
so requested or when it apears to the attorney advisable to do
SO.
b. Attend all regular and special meetings of the
Council, unless excused by the President of the Council.
c. Prepare, draft, approve as to form, or supervise
the preparation of ordinances, resolutions, leases, deeds,
contracts and/or agreements, and such other and similar
instruments as may be required by the business of the City.
d. Represent the City in criminal prosecutions in
Municipal Court and appellate courts.
e. Consult with the Risk Manager and participate in
all non-litigation claims over $2,500.00.
f. Represent the City in all litigation and
administrative proceedings in which the City is involved either
as a plaintiff or defendant, or recommend the appointment of
special counsel therein.
g. Attend meetings of the Civil Service Commission,
pension boards, and other commissions, boards, or committees
required by law, or as directed by the Council, or requested by
the chair of such board or commission.
h. Facilitate bond issues; provided, this shall not
mean the rendering of an opinion on the validity of the bonds in
any case where special bond counsel has been retained by the City
or by any prospective bond buyer.
i. On request of the Mayor or Council participate in
intergovernmental relations affecting the City.
j. Keep litigation files and records, and copies of
all other official written communications, and deliver same to
successors of the Office of the City Attorney.
k. Direct or participate in proceedings for the
vacation of streets, condemnation of land, land acquisition, sale
of surplus properties, and related legal transactions.
1. Prepare and a~ninister the budget for the City
Attorney's Office.
m. Serve as advisor and/or participant in labor
negotiations and approve labor contracts as to form.
n. Coordinate and assist in obtaining information and
legal opinions from Municipal Research as requested by the Mayor,
Council President, or Chair of the Audit Committee.
o. Prepare and/or approve ballot measures and levies.
p. Interpret substance, form, and applicability of the
City Charter and ensure consistency of all ordinances,
resolutions, and administrative rules therewith.
2
.030 - ADMINISTRATIVE PROCEDURES - The City Attorney
will develop and promulgate written procedures relating to the
following areas:
a. Legal opinions.
b. Procedures for drafting of ordinances and
resolutions.
c. Processing and control of legal documents.
d. City relationships with bond and other special
counsel.
e. Determination of priorities.
f. Council agenda review procedures.
g. Prosecution procedures.
h. Ordinance enforcement procedures.
i. Claims and risk management.
j. Codification procedures.
.040 - OUTSIDE EMPLOYMENT - The City Attorney and
Assistant City Attorneys shall not engage in a legal practice or
compensable legal work while holding office with the City;
provided, minor legal matters for immediate family members are
not prohibited so long as they do not interfere or conflict with
this office.
APPROVED by the City Council on the first reading this ~
day of ~~Q-- , 1988.
PASSED by the City Council of the City of Bremerton this /~
_ day of ~J~- , 1988.
HANK WAIBEL
President, City Council
APPROVED this ~ day of ~ , 1988.
GENE LOBE, Mayor
ATTEST:
KATHLEEN L. McCLUSKEY, Clerk