HomeMy WebLinkAboutAgenda Report - June 7, 1994CITY COUNCL MEETING
May 10,1104
REQUEST THAT CITY ATTORNEY RESEARCH TYPES OF DOCUMENTS HE IS REQUIRED
TO SIGN
Counc g Member Pennino suggested Heat the City Admnw reseanh what documents (e.g.
contracts, agreemeft etc.) the City Attmey Is requked to sign and Hale he is not City
Attorney McNatt responded Heat he wE look int the matter.
FILE NO. CG90
CIT: of IRDI
NWRAM= FROM TIM OFFICE OF THE CITr ATDOMM
■saaaaaaaaaaasaaas■ass■rias■aaaaaaaasaassa■saga:
To: Hoanorabls Mayor a City.Councilmembers
From: Bob N. YCBatt, City Attorney
Date: June 7, 1994
Subject: City Attorney's Signature on SWI Cipal Documents
aasssaaaasaaasaassaaasas■assaasaasasa■sasasasaaaaas■saaaasaasaaassasaaaa
Some time ago, a question was presented regarding the necessity of the City
Attorney's signature an various City documents. Specifically, it was asked
if the City Attorney silt sign certain kinds of documents in order for them
to be legal. Research has revealed that there are wry few instances in
whi^h the City Attorney must sign documents by statute. However, it may be
desirable in many other cases to have a signature line simply to show that
the City Attorney's office has reviewed City documents which may have legal
consequences at acme future dates.
Although this list is not exhaustive, examples of situations in which the
City Attorney must sign documents are:
e Destruction authorisation for old city records
(Gov. Code 934090 et seq.)
• Certain kinds of legal pleadings on behalf of the
City (for example, CCP 3446)
e Ballot information (impartial analysis) for local
ordinancefi going to the voters (Election Code 35011)
Statements of Economic Interest (Gov. Code 387500)
Government Code 341802 also requires that the City Attorney •frame' all
ordinances and resolutions for the City, but this statute does not require
that the City Attorney thereafter sign such ordinances or resolutions. It
is only required that the Mayor and Clerk i.gn ordinances for them to be
valid (Gov. Code 336932).
As to contracts or agreements into which the City enters, although it is
desirable for the City Attorney to review these, and to indicate such
review by initials or signature, it is not required. Municipal contracts
are valid as long as they are signed by someone with valid authority. The
Council may authorise the City Attorney to execute such agreements on
behalf of the City, but it is not required in order to be enforceable.
Please let me know if there are further questions.
Respectfully submitted,
808 KCKATT
City Attorney
SM:pn
CC: City Clerk
City Manager
.. �'�`4:..,w.�: ,. �'•.X:l-"M",.,.:.r^:.tom;: ..f,. ^+C •'":. �.. � s;:.NAJhS°a^3t.«r?')�K'.^'#l�.r.+'v[ttV-�.iv:'4K t'4a�'"4 i`: !. �- ms's>.i?".i.�.�y. �", `:.:;,!'#��ca