City Code Section
The City Attorney has the following duties:
- A. Appear for, represent, and defend the City, and its boards, commissions, bureaus, officers, employees and persons entitled to representation under the Oregon Tort Claims Act in all appropriate legal forums and matters. However, other than as required by the Tort Claims Act and except as provided in Subsection 3.10.020 I.5., the City Attorney must not represent individuals in their personal capacity and must not represent individuals who, after investigation by the Risk Management division, are found by the bureau to have acted outside the scope of their employment or duties or to have committed malfeasance in office or willful or wanton neglect of duty. If the City Charter specifically authorizes a commission to retain or employ its own special legal counsel, then the City Attorney will not be responsible for representing such commission on matters assigned by the commission to its special legal counsel;
- B. Review and approve as to form all written contracts, bonds, or other legally binding instruments to which the City is a party. It is the responsibility of the City officials or employees who prepare such documents to submit the documents to the City Attorney for review;
- C. Give legal advice and opinions orally and in writing and prepare legal documents and ordinances for the Mayor, any Council member, the City Council, the City Administrator, or any board, bureau, committee, commission, or agency of the City;
- D. Periodically submit to Council reports summarizing the amount, type, and cost of legal services required by the City in the preceding year and highlighting significant legal cases and trends involving the City;
- E. Seek to ensure that City employees comply with legal and ethical requirements of public employment by providing advice, direction and opinions;
- F. Seek to prevent legal problems for the City by training, directing and educating City employees about legal issues;
- G. Institute appeals on behalf of the City for enforcement of regulations or license requirements including such payments established by Charter, Code, ordinance, or statute, and for collection of any account receivable, and appeal in any case in which another party first has appealed, as the City Attorney deems advisable;
- H. File a notice of appeal, a petition for writ of mandamus, or any action for emergency relief in situations where the City Attorney believes doing so is advisable and it is not practicable to obtain a Council resolution or written approval of the Mayor in the time to do so. The City Attorney will seek Council or Mayoral authorization to continue such proceeding as soon as practicable and may continue the proceeding if the Council or Mayor so authorizes.
- I. For other matters, on direction by resolution of the Council or upon written approval of the Mayor:
- 1. Institute legal proceedings and appeals and assert counterclaims, cross-claims, or third-party claims for the City in any court or tribunal;
- 2. Seek enforcement of any regulation or license requirement including the payment of any fee, penalty, or interest, established by Charter, Code, ordinance, or statute, and collection of any account receivable;
- 3. File in the appropriate forum the original or duplicate copies of a complaint for interpleader whenever the City comes into possession of property in which it has no claim and on which multiple claims have been made by other parties;
- 4. File briefs and related motions as amicus curiae in any appeal or other proceeding where legal issues are of interest to the City;
- 5. Represent City employees in their personal capacity in legal proceedings that have a connection to their City employment and are related to their personal safety, including but not limited to initiating affirmative litigation on behalf of affected City employees when they petition courts for restraining orders, injunctions, and other protections and remedies.