CC Minutes - 09/18/06 Process Session

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with various people and discuss certain things many times. She did not think it was in her purview to ask him to take action on a legal issue in which the City of Eugene was involved. She added that City Attorney Glenn Klein, when representing the City, took the stance that best represented the City; and when the council asked for legal opinions, Mr. Klein gave his best opinion to the council based on his legal knowledge. Ms. Bettman thought it would be beneficial to have another attorney at the next process session. City Manager Taylor underscored that the City Attorney represented the City and the council as the governing body of the City. He stated that the City Attorney was not an agent of the administration. He pointed out that in the prior firing of a city manager, the City Attorney represented the City and the city manager had to engage her own attorney. Mr. Papé thought the City could hire another attorney to provide an opinion. Mr. Kelly said he would not want any rule that would prevent taking another attorney’s phone call. Ms. Bettman felt the larger issue was whether councilors could go to individual attorneys. She alleged that regardless of what one said, when she had talked with other municipalities’ representatives, people there believed that the City Attorney represented the City Manager, because the City Manager signed the checks. She recommended adding this issue to the next process session. City Manager Taylor wanted to make a distinction between an attorney’s opinion and a City Attorney’s opinion. He said in terms of Oregon common law, there was a large distinction between the two. City Manager Taylor ascertained from the council that there was majority support for addressing this item in a work session. The meeting adjourned at 8:10 p.m. Respectfully submitted, Dennis M. Taylor City Manager (Recorded by Ruth Atcherson) MINUTES—City Council September 18, 2006 Page 12 Process Session