HomeMy WebLinkAbout08-91 - Clarifying Intent with Respect to Legal Services Provided by Contract City Attorney Jones & MayerRESOLUTION NO. 08-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, CLARIFYING ITS
INTENT WITH RESPECT TO LEGAL SERVICES
PROVIDED BY CONTRACT CITY ATTORNEY JONES &
MAYER.
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES
AS FOLLOWS:
WHEREAS, the City of Costa Mesa determined in 2004 to contract out its city
attorney services and to eliminate its staff of in-house attorneys; and
WHEREAS, the City of Costa Mesa selected the law firm of JONES & MAYER to
serve as its City Attorney, designating Kimberly Hall Barlow as the attorney to carry the
title of City Attorney, but specifically designating the firm as a whole (and all attorneys in
the firm) to handle legal matters for the city, including attendance at council meetings,
review of contracts, representing the city in litigation and prosecuting municipal code
violations, under the general supervision of Ms. Barlow or such other attorney from the
firm who might from time to time be designated by the City Council; and
WHEREAS, it was and remains the intent of the City Council that any and all
attorneys employed by the law firm of Jones & Mayer, whether or not designated by any
particular title, are authorized and entitled to provide legal services to the City of Costa
Mesa, just as if each was specifically designated as the City Attorney and that City
Attorney Barlow may delegate any and all legal services to be performed by the City
Attorney to an employee or independent contractor of the firm to provide such services
to the City without further action by the City Council; and
WHEREAS, any attorney from Jones & Mayer providing municipal code
prosecution services shall be considered a Deputy City Attorney and shall be required
to comply with the City's conflict of interest code; and
WHEREAS, the City Council intended to and did approve the designation of
Danny L. Peelman as the Jones & Mayer employee primarily responsible for rendering
city prosecutor services. Since November 1, 2004, Mr. Peelman has provided, with the
knowledge and consent of the City Council and the City Manager, prosecution services
under a valid appointment and as authorized by law in the name of the People of the
State of California; and
WHEREAS, any attorney exercising prosecutorial functions on behalf of the City
of Costa Mesa has independently exercised those functions and been required to meet
the ethical obligations of a public prosecutor as required by California law, and will
continue to do so in the future exercise of such functions;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Costa
Mesa, does hereby declares as follows:
1. The contract between the City of Costa Mesa and Jones & Mayer effective
November 1, 2004 specifically provides that Jones & Mayer is to provide all legal
services to the City of Costa Mesa, including municipal code prosecutorial
services.
2. The prosecutorial function of the City Attorney has been properly and legally
delegated to Danny L. Peelman and other attorneys employed by or acting on
behalf of Jones & Mayer effective as of November 1, 2004.
3. Any and all attorneys employed by or contracting with Jones & Mayer, other than
the designated City Attorney and Assistant City Attorney, performing legal
services or exercising prosecutorial functions on behalf of the City of Costa Mesa
shall be considered a deputy city attorney and shall be required to comply with
the City's conflicts of interest code.
4. Any and all attorneys employed by or contracting with Jones & Mayer exercising
prosecutorial functions on behalf of the City of Costa Mesa shall independently
exercise their prosecutorial duties in compliance with the ethical standards and
other requirements imposed on public prosecutors under California and federal
law.
PASSED AND ADOPTED this 2nd day of December, 2008.
ATTEST:
r
Julie olcic,City Clerk
Mayor of the City of Costa Mesa
APPROVED AS TO FORM:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing is the original of Resolution No. 08-91 and was duly
passed and adopted by the City Council of the City of Costa Mesa at a regular meeting
held on the 2nd day of December, 2008, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: MANSOOR, LEECE, BEVER, FOLEY, MONAHAN
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 2"d day of December, 2008.
JULI OLCIK, CITY CLERK
(SEAL)