Item C: City Legal Services - Who's the Client?

Home Browse Search

with or get any direction from the City Manager (or any other city employee) as to what our opinion should be. In addition, we answered that question in a confidential legal memorandum, in part so that our legal arguments would not be available to members of the public who might want to use our opinion as ammunition to file a lawsuit against one or more councilors. In sum, our duty of loyalty is to the city entity, not to any particular city officer or employee. We strive at all times to give the City and its officers and employees the benefit of our considered legal judgment. The City is not well served if its legal counsel shades its opinions or sugarcoats its advice. It is important to remember that our role is to assist the City to achieve the policy objectives set by its responsible officials in ways that are lawful. No city official or employee should expect to control our legal judgment, but every city official and employee is entitled to our best effort to implement the City’s policy goals and objectives. Second opinions The second question for this work session is how the council can obtain a second opinion if the council is dissatisfied with an opinion from the City Attorney’s Office. In this situation, the council should adopt a motion directing the City Manager to obtain a second opinion. The City Manager then can request another law firm to examine the question and write an independent opinion on the issue. RELATED CITY POLICIES None. COUNCIL OPTIONS None. The purpose of this work session was to provide information and an opportunity for discussion. CITY MANAGER’S RECOMMENDATION None. This is a work session only. SUGGESTED MOTION None. This is a work session only. ATTACHMENTS A. December 13, 2006, comments by Councilor Bettman FOR MORE INFORMATION Staff Contact: Glenn Klein Telephone: 682-5080 Staff E-Mail: glenn.klein@harrang.com L:\CMO\2007 Council Agendas\M070409\S070409C.doc