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I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 23rd day of May 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
10 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of May 23, 2023
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS
SUBJECT: Discussion Item: City Council Review of t he Policy f or the City, Including All o f its Departments, Regarding t he Selection o f Attorneys Providing Contract Services, and the Review,
Authorization and Execution of All Agreements f or Legal Services and Services to be Provided by Attorneys to the City
RECOMMENDED ACTION
It is recommended that the City Council discuss and provide direction to the City Attorney.
FISCAL IMPACT
The fiscal impact is unknown at this time.
DISCUSSION
The California Government Code provides the basic duties for a city attorney. The following are several of the responsibilities:
• The city attorney shall advise the city officials in all legal matters pertaining to city business. (Gov’t Code § 41801)
• The city attorney shall frame an ordinance or resolution required by the legislative body. (Gov’t Code § 41802)
• The city attorney shall perform other legal services required from time to time by the legislative body. (Gov’t Code § 41803)
• With the consent of the district attorney of the county, the city attorney of any general law city or chartered city within the county may prosecute any misdemeanor committed within the city arising out of violation of state law.
The Antioch Municipal Code states as follows:
• The Department of Legal Services shall be responsible for providing general legal services to the city, which shall include, but not be limited to, drafting ordinances and resolutions, providing advice and legal opinions to the Council and city staff, representing th e city in court, and assuming other duties assigned by the City Council. (AMC § 2-3.603)
Antioch City Council Report
May 23, 2023 Agenda Item10 2
Resolution 2021/26, adopted by the Antioch City Council on February 26, 2021, consistent with state law and the Antioch Municipal code, further clarifies the role and responsibilities of the Antioch City Attorney. It states as follows:
1. [T]he City Attorney shall exercise discretion over the selection of all attorneys providing Legal Services, as defined herein, for the City including all of its departments.
2. [A]ll agreements for the provision of Legal Services, as defined herein, to the City, including all of its departments, or on behalf of the City that are to be paid by the City shall be submitted to the City Attorney for review and approval, and the City Attorney shall have the discretion to approve and execute all such agreements on behalf of the City when the City Attorney determines the agreement is consistent with Antioch Municipal Code, Title 3, Chapter 4, Article II. Any agreements for Legal Services to the City or on behalf of the City that are not approved by the City Attorney in writing shall be void.
3. [A]ll invoices for Legal Services, as defined herein, shall be required to be submitted to the City Attorney for review and payment through the City Attorney' s Office. No payment shall be made for Legal Services pursuant to existing or future agreements unless approved in writing by the City Attorney. Therefore, the budgeted amount for the City Attorney' s Office shall include the amounts necessary for the payment of such invoices.
Resolution 2021/26 is attached as Attachment A.
ATTACHMENTS
A. Resolution
RESOLUTION NO. 2021/ 26
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH IMPLEMENTING
A POLICY FOR THE CITY, INCLUDING ALL OF ITS DEPARTMENTS, REGARDING
THE SELECTION OF ATTORNEYS PROVIDING CONTRACT SERVICES, AND THE
REVIEW, AUTHORIZATION AND EXECUTION OF ALL AGREEMENTS FOR LEGAL
SERVICES AND SERVICES TO BE PROVIDED BY ATTORNEYS TO THE CITY WHEREAS, the City desires to implement a policy for the City, including all of its departments, regarding the selection of attorneys providing contract services, and the review, authorization and execution of all agreements for legal services and services to be provided by attorneys ( collectively " Legal Services") to the City; WHEREAS, any agreements for Legal Services to be provided to the City shall require approval consistent with Antioch Municipal Code, Title 3, Chapter 4, Article II, and written approval of TheCity Attorney;
WHEREAS, the City Attorney shall review all invoices submitted for Legal Services pursuant to existing agreements and agreements executed on or after the effective date of this Resolution, and be responsible for authorizing payment of such invoices; and WHEREAS, the City Council believes that this policy will help improve quality and efficiency in the delivery of Legal Services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Antioch as follows:
Section 1. The above recitals are true and correct and are incorporated herein by reference.
Section 2. The City Council hereby directs that the City Attorney shall exercise discretion over the selection of all attorneys providing Legal Services, as defined herein, for the City including all of its departments.
Section 3. The City Council hereby directs that all agreements for the provision of Legal Services, as defined herein, to the City, including all of its departments, or on behalf of the City that are to be paid by the City shall be submitted to the City Attorney for review and approval, and the City Attorney shall have the discretion to approve and execute all such agreements on behalf of the City when the City Attorney determines the agreement is consistent with Antioch Municipal Code, Title 3, Chapter 4, Article II. Any agreements for Legal Services to the City or on behalf of the City that are not approved by the City Attorney in writing shall be void.
Section 4. All invoices for Legal Services, as defined herein, shall be required to be submitted to the City Attorney for review and payment through the City Attorney' s Office. No payment shall be made for Legal Services pursuant to existing or future agreements unless approved in writing by the City Attorney. Therefore, the budgeted RESOLUTION NO. 2021/ 26
February 26, 2021
amountfor the CityAttorney's Officeshall includethe amountsnecessaryforthe payment of such invoices.
I HEREBYCERTIFYthattheforegoingresolutionwaspassedandadoptedby the City Councilof the City of Antioch at a special meetingthereof, heldon the 26thday of February, 2021, by the following vote:
AYES: Council Members Torres- Walker, Wilson and Mayor Thorpe NOES: Council Members Barbanica and Ogorchock
ABSTAIN: None
ABSENT: None
1 ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH