‘Rules of Professional Conduct’ Cited for City Attorney. Is this a Freudian Slip?
By: Libi Uremovic| Original Article at Patch.com
The City of Beaumont has posted the following ‘Just the Facts’:
JUST THE FACTS: The City Attorney represents the City of Beaumont through its City Council, and the City’s highest officer and employee. PROOF: Rule 3-600 of the California Rules of Professional Conduct (for attorneys), and related case law, mandate that the City Attorney represent the City through its legislative body (the City Council), and its highest officer and employee.
Rule 3-600 is from the State Bar Rules of Professional Conduct and states: “Organization as Client (A) In representing an organization, a member shall conform his or her representation to the concept that the client is the organization itself, acting through its highest authorized officer, employee, body, or constituent overseeing the particular engagement.”
The Rules of Conduct state that City Attorneys are legally liable to represent the City – which is comprised of the People. City Attorneys should not be conspiring with other Staff, circumventing the law, or giving ‘advise’ for personal gain.
There are State Laws that specifically cover the job of the City Attorney:
California Government Code 36505: “The city council shall appoint the chief of police. It may appoint a city attorney, a superintendent of streets, a civil engineer, and such other subordinate officers or employees as it deems necessary.”
California Government Code 36506: “By resolution or ordinance, the city council shall fix the compensation of all appointive officers and employees. Such officers and employees hold office during the pleasure of the city council.”