HomeMy WebLinkAboutA001 - Council Action Form dated August 8, 2017 ITEM # 38
DATE:08-08-17
COUNCIL ACTION FORM
SUBJECT: POWERS AND DUTIES OF THE CITY ATTORNEY
BACKGROUND:
As part of the recruitment for a new City Attorney, the Council passed a motion on July
11, 2017 directing staff to draft modifications to Section 2.48 of the Ames Municipal
Code to parallel the City Attorney's job description approved at that same meeting.
Section 2.48 describes the powers and duties of the City Attorney.
The proposed ordinance adds a new subsection (7) to Sect. 2.48, which reads as
follows:
(7) Follow established City policies and processes. Follow adopted City
policies and administrative processes, including, but not limited to, personnel
policies; purchasing policies; pay and classification systems; Civil Service
practices and policies; and performance management, hiring, and budget
processes. Under the direction of the City Manager's Office, prepare and
administer the annual budget for the City's Legal Department. Lead legal staff
in implementing department and City-wide goals and objectives."
The language in subsection (7) was taken directly from the job description for the City
Attorney, with minor edits to conform to the style of the ordinance.
Additionally, a few changes are being recommended to clean up some existing
provisions of Section 2.48 to remove some antiquated or superfluous language, or to
clarify intent of language. These include: A) clarifying that "assistants" in the current
ordinance means Assistant City Attorneys; B) clarifying that the City Attorney supervises
the support staff in the Legal Department; C) removing from subsection (1) a
requirement that legal opinions shall be filed with and preserved by the City Clerk; and
D) removing the words "board or commissions" from the list of City officials or entities
that can direct the City Attorney to draw contracts or take other legal action.
ALTERNATIVES:
1. The City Council can adopt the attached ordinance.
2. The Council can direct staff to modify the proposed ordinance.
1
CITY MANAGER'S RECOMMENDED ACTION:
The attached ordinance formally updates the City Attorney's duties to parallel those
recently approved by Council for inclusion in the job description for this position. It also
includes several minor changes to clarify the City Attorney's responsibilities, and
removes the authority previously granted to boards and commissions to independently
direct the City Attorney to take various actions.
Therefore, it is the recommendation of the City Manager that the City Council accept
Alternative No. 1 as stated above.
2