Staff Report/Resolution Repealing Resolution No. 2010-14 Role, Duties & Responsibilities – City Attorney.

STAFF REPORT

AGENDA ITEM: Resolution of the City Council of the City of Livingston Repealing Resolution No. 2010-14, a Resolution of the City Council of the City of Livingston Defining the Role, Duties and Responsibilities of the City Attorney.

MEETING DATE: February 1, 2011

PREPARED BY: Victoria Lewis, Acting City Manager

REVIEWED BY: Victoria Lewis, Acting City Manager

RECOMMENDATION:

City Council review, discuss and approve or not approve, a Resolution of the City Council of the City of Livingston Repealing Resolution No. 2010-14, a Resolution of the City Council of the City of Livingston Defining the Role, Duties and Responsibilities of the City Attorney.

BACKGROUND:

On April 20, 2010, the City Council of the City of Livingston passed Resolution No. 2010-14, a Resolution of the City Council of the City of Livingston Defining the Role, Duties and Responsibilities of the City Attorney.

At the City Council’s regular meeting held on January 18, 2011, Council Member Samra made the request to have Resolution No. 2010-14, brought back before City Council for review and reconsideration of its passage.

DISCUSSION:

If the City Council elects to Repeal Resolution No. 2010-14, a Resolution Repealing Resolution No. 201.0-14, a Resolution of the City Council of the City of Livingston Defining the Role, Duties and Responsibilities of the City Attorney is being provided for consideration.

FISCAL IMPACT:

None.

ATTACHMENTS

Resolution No 2011- , a Resolution of the City Council of the City of Livingston Repealing Resolution No. 2010-14, a Resolution of the City Council of the City of Livingston Defining the Role, Duties and Responsibilities of the City Attorney.

Exhibit A, a Resolution of the City Council of the City of Livingston Defining the Roles, Duties and Responsibilities of the City Attorney adopted April 20, 2010.

RESOLUTION NO. 2011-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON REPEALING RESOLUTION NO. 2010-14, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LIVINGSTON DEFINING THE ROLE, DUTIES AND
RESPONSIBILITIES OF THE CITY ATTORNEY

WHEREAS, on April 20, 2010, the City Council passed Resolution No. 2010-14, a Resolution of the City Council of the City of Livingston Defining the Role, Duties and Responsibilities of the City Attorney, a true and correct copy of which is attached hereto as Exhibit A and incorporated herein by reference; and

WHEREAS, the City Council wishes to repeal Resolution No. 2010-14, a Resolution of the City Council of the City of Livingston Defining the Role, Duties and Responsibilities of the City Attorney.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Livingston that:

1. The Resolution, identified as Resolution No. 2010-14, is hereby repealed.

2. This Resolution shall take effect from and after the date of its passage.

Passed and adopted this 1St day of February, 2011, by the following vote:

AYES:

NOES:

ABSTAIN:
ABSENT:

Rodrigo Espinoza, Mayor
of the City of Livingston

ATTEST:

1, hereby certify that the foregoing resolution was introduced, passed, and adopted at a regular meeting of the City Council of the City of Livingston this 1St day of February 2011.

Antonio Silva, City Clerk

of the City of Livingston

EXHIBIT "A"

RESOLUTION NO. 2010-14

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON
DEFINING THE, ROLES, DUTIES AND RESPONSIBILITIES OF THE

CITY Attorney

WHEREAS, the City Council desires to define the role, duties, and responsibilities of the City Attorney; NOW, THEREFORE, BE IT Resolved by the City Council of the City of Livingston that 

Section 1- The City Attorney shall have the following role, duties, and responsibilities:

A. The City Attorney shall be appointed by, and serve at the pleasure of, the City Council. The City Attorney may be a City employee or a contracted position with an individual or a law fine, at the City Council’s discretion.

B. The City Attorney shall, advise the City Council and City officials in all legal matters relating to the City’s business.

C. The City Attorney shall prepare or review and approve as to legal form all ordinances, resolutions, and contracts of the City.

D. The City Attorney shall take all action deemed reasonably necessary, in his/her discretion, to protect the City’s legal interest.

E. Unless otherwise directed by the City Council or court order, or precluded by a conflict of interest or law, the City Attorney shall appear and represent the City in all legal proceedings in which the City is a party.

F. The City Attorney shall serve as a City prosecutor in those cases before the Superior Court as the City Attorney may deem to be necessary and appropriate for the City to prosecute.

G. The City Attorney shall take action and perform such other duties as the City Council, City Manager, federal or state law, or the City’s Municipal Code may require or assign.

Section 2. Nothing herein is intended to abrogate or override any rights, duties, or responsibilities of the City Attorney as may be provided by existing federal, state, or local law, and this resolution shall be construed to supplement any such rights, duties, or responsibilities.

Section 3. The City Attorney is hereby authorized and directed to execute and deliver any and all documents, to do any and all things, and take any and all actions that may be necessary or advisable, in his/her discretion, in order to effect the purposes of this resolution. Any -actions taken by the City Attorney in conformity with this resolution are hereby approved, confirmed, and ratified.

935556.2 Page 1 of 2

Section 4. This resolution shall take effect immediately upon the date of its passage.

Passed and adopted this 20th day of April 2010, by the following vote:

AYES: Mayor Varela and Council Members Nateras and Vierra

NOES: Council Members Aguilar and Espinoza

ABSENT: None
ABSTAIN: None

Daniel Varela, Sr., Mayor
Of the City of Livingston

ATTEST:

1, hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a Regular Meeting of the City Council of the City of Livingston this 20th day of April 2010.

Donna Barnes, City Clerk
of the City of Livingston

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One thought on “Staff Report/Resolution Repealing Resolution No. 2010-14 Role, Duties & Responsibilities – City Attorney.

  1. Pingback: A Blood Drive, A City Council Agenda, and Some More Repeals and Re-does « Thegardeningsnail's Weblog (because not every critter is hiding under a rock…)

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