HomeMy WebLinkAboutReso 1996-18497. RESOLUTION NO. 18497
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING COUNCIL POLICY REGARDING REQUESTS
FOR PAYMENT FOR OUTSIDE LEGAL ASSISTANCE OBTAINED
BY EMPLOYEES APPOINTED BY CITY COUNCIL
WHEREAS, the proposed policy addresses the issue of requests for payment for
outside legal assistance obtained by employees appointed by the City Council (the City
Manager, City Attorney and City Clerk); and
WHEREAS, if one or more members of the City Council are pursuing concerns that the
Councilmember may have about a Council Appointed City Officer, that officer may desire legal
advice that the City Attorney (who would normally provide such advice) is unable to provide
because of conflict of interest; and
WHEREAS, in such a situation, the affected city officer may choose to obtain
independent legal advice regarding the situation; and
WHEREAS, in such a case, the proposed Council policy provides that the affected city
officer may submit a request to the City Council for payment or reimbursement of such
outside legal expenses; and
WHEREAS, the proposed policy sets forth guidelines for the City Council to consider
in reviewing such requests.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby approve the Council Policy attached as Exhibit "A" regarding requests for payment for
outside legal assistance obtained by employees appointed by City Council.
Presented by Approved as to form by
J,//~y~zD. Goss A r
Manager Acting City Attorney
Resolution 18497
Page 2
Exhibit A
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Requests for Payment for Outside Legal POLICY EFFECTIVE
Assistance Obtained by Employees NUMBER DATE PAGE
Appointed by City Council
120-02 11/12/96
ADOPIED BY: Resolution No. 18497 I DATED: November 12, 1996
BACKGROUND
Section 503 of the City Charter indicates that the City Attorney shag have power and be required to:
(a) Represent and advise the City Council and all city officers in all matters of law pertaining to
their offices;
(b) Represent and appear for the City and any city officer or employee, or former city officer or
employee, in any or all actions and proceedings in which the City or any such officer or
employee in or by reasons of his or her official capacity, is concerned or is a party.
When the City Council or some of its members have concerns about the pe~ormance of a city officer
appointed by the City Council or about whether the city officer is serving at the pleasure of the Council, the
City Attorney cannot appropriately provide legal advice to both the City Council (or the members of the City
Council having concerns) and also to the city officer appointed by the City Council who is the subject of the
conceiTis.
In this situation, there has been confusion and concern about how the affected city officer should obtain any
legal advice he or she feels is appropriate, if any, as well as who should pay for such legal advice and what
procedure should be used to consider any requests for providing or paying for such legal advice. The
California Government Code makes it discretionary whether the public agency will pay for the legal advice in
situations of this type. The purpose of this Council Policy is to provide guidelines for how this type of
situation should be handled in the future.
POLICY
This policy shall apply to the following city officers appointed by the City Council: City Manager, City
Attorney, and City Clerk ("council*appointed City Officers").
If one or more members of the City Council are pursuing concerns that said Councilmember(s) may have
about a council-appointed City Officer, that officer may desire preliminary legal advice that the City Attorney
is unable to provide because of conflict of interest. In such a situation, the affected city officer may choose to
obtain independent legal advice regarding the situation.
In such a case, the affected courtall-appointed City Officer may submit a request to the City Council for
payment or reimbursement of such outside legal expenses. The following guidelines shall be considered by
the City Council in reviewing such requests, but the City Council retains complete discretion to determine if t 7'
exceptions to these guidelines should be made for a specific case.
Resolution 18497
Page 3
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Requests for Payment for Outside Legal POLICY Ebl~C'YIVE
Assistance Obtained by Employees ~ER DATE PAGE
Appointed by City Council
120-02 11/12/96
ADOPTED BY: Resolution No. 18497 ~ DATED: November 12, 1996
The following are the general guidelines the City Council should consider in reviewing such requests:
1. The intent of this policy is to provide the City Council Appointed City Officer with legal advice
when the City Attorney cannot provide such advice because of a conflict of interest.
2. Such legal expenses should be limited to issues regarding acts or omissions of the eoundl-
appointed City Officer acting within the course and scope of his or her employment as an
off~cer of the City.
3. A request may be for the payment of legal costs, at the discretion of City Council.
4. The Coundl will generally not approve more than $1,S00 per inddent nor more than $1,S00
per fiscal year for payment or reimbursement of legal expenses for an individual eoundl-
appointed City Officer.
5. Legal costs incurred by a coundl-appointed City Officer after he or she has resigned or been
terminated from City employment will generally not be approved for reimbursement.
6. The approval of payment or reimbursement for independent legal services obtained by a
coundl-appointed City Officer under this policy shall be made only at an appropriate City
Council meeting by majority vote of the City Council.
Resolution 18497
Page 4
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California,
this 12th day of November, 1996, by the following vote:
AYES: Councilmembers: Alevy, Moot, Padilia
NAYES: Councilmembers: Rindone
ABSENT: Councilmembers: Horton
ABSTAIN: Councilmembers: None
J~~Mayor Pro Tem~~pore
ATTEST:
Beverly A/ Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the
foregoing Resolution No. 18497 was dul~/passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 12th day of November, 1996.
Executed this 12th day of November, 1996.
Beverly A'f. Authelet, City Clerk