City AttorneyProsecutors Department CITY ATTORNEY BRIEFING CITY COUNCILCITY

City Attorney/Prosecutor’s Department CITY ATTORNEY BRIEFING CITY COUNCIL/CITY MANAGER FORM OF GOVERNMENT

CITY CHARTER City Attorney/Prosecutor’s Department • City Charter Establishes Form of Government Ø Charter Revision Task Force affirmed Council/Manager form of government in 1998 Ø City Council appoints City Manager, City Attorney/City Prosecutor, and City Clerk Ø Council to refrain from directing subordinate employees • Distinct from other forms of city government (ie. , “strong mayor” or “strong council”) 2

City of Pasadena Organizational Chart City Attorney/Prosecutor’s Department 3

Role of City Council/City Manager City Attorney/Prosecutor’s Department Ø Charter Section 411(B): “Except for purposes of inquiry, the Mayor, the City Council and its members shall deal with the administrative service under the City Manager solely through the City Manager, and neither the Mayor, the City Council nor its members shall attempt to influence or to direct any subordinates of the City Manager. ” Ø Charter Article VI, Section 604 (A-J) & PMC Title 2 establish Powers & Duties of City Manager Ø Responsible for all departments/employees, except City Attorney and City Clerk departments/employees 4

Charter Section 604(J) City Attorney/Prosecutor’s Department • 604(J): “It shall be competent for the City Council to instruct the City Manager in all matters of policy, and any action, determination or omission of the City Manager shall be subject to review by the City Council, but no such action, determination or omission shall be overruled or modified by a vote of less than five members thereof, nor shall any otherwise valid contract previously made by the City Manager be subject to review. ” (italics added) • In the context of Charter, Council can ask staff questions and guide the Manager in policy matters, but be careful not to usurp duties of the Manager • Need 5 votes of Council to overrule or modify Manager’s action, determination or omission 5

Role of City Council/City Attorney/Prosecutor’s Department • The City of Pasadena, a municipal corporation, is the City Attorney’s client > Only represents individuals in their official, not private, capacity > Not the lawyer for members of the public > City Prosecutor represents the People of the State of California • City Manager, other employees are representatives of the client > City Attorney advises employees in their capacity as representatives of the municipal entity “the City” > City Attorney represents individual employees in lawsuits where employees act in the course and scope of employment 6

Role of City Council/City Attorney/Prosecutor’s Department • Attorney-client privilege > Attaches to oral and written communications > Client is the highest authorized officer, employee, or body overseeing the particular matter > Privilege attaches to the City Council, not any one Councilmember, for communications with City Council > Legal advice given during closed session is protected under the attorney-client privilege 7

CITY ATTORNEY BRIEFING City Attorney/Prosecutor’s Department 8