Resolution 13893CITY OF ALAMEDA RESOLUTION NO. 13 8 9 3
EMPOWERING CITY ATTORNEY
TO EMPLOY SPECIAL LEGAL COUNSEL
WHEREAS, the City Attorney is the legal advisor to the City Council pursuant to the
City Charter; and
WHEREAS, Charter Section 8 -5 provides that the City Council may empower the City
>- Attorney, upon request, to employ special legal counsel; and
z
CC WHEREAS, at regular City Council meetings during June and July 2005, the City
Council reviewed its past procedures regarding any specific Council action to empower the City
I— Attorney to employ special legal counsel for both consistency with Charter requirements and for
consistency of procedures with other legislation bodies within the City for which the City
Attorney acts as General Counsel and determined a need to memorialize a consistent
0 empowerment procedure; and
WHEREAS, this Resolution provides the parameters for City Council empowerment of
the City Attorney to employ special legal counsel pursuant to Charter Section 8 -5.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
ALAMEDA THAT:
1. The Council of the City of Alameda hereby empowers the City Attorney to
employ special legal counsel, pursuant to Charter Section 8 -5 unless any of the following
occur:
a) Estimated legal fees to exceed $35,000, or
b) Litigation involves policy questions, or
c) Litigation has significant ramifications for the City, or
d) If requested by the Council, or
e) Litigation is to be initiated by the City.
If any of the above criteria is present, the City Attorney must seek City Council
empowerment to employ special legal counsel as soon as practical. In the interim, outside
counsel retention is limited to the amount necessary to provide preliminary analysis and
assistance.
2. City Attorney's settlement authority is limited to $15,000 for all matters;
settlement proposals exceeding $15,000 must be approved by City Council.
3. The City Attorney is ,to comply with City Council Policy Regarding Procedures
for Hiring of Special Legal Counsel.
I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly
adopted and passed by the Council of the City of Alameda in the regular meeting of the City
Council on the 6th day of September, 2005, by the following vote to wit:
AYES: Councilmembers Daysog, deHaan, Gilmore, Matarrese and Mayor
Johnson — 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City
this 7th day of September, 2005.
/_,a/\a (,vim �.
Lara Weisiger, City C1e
City of Alameda