HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/06/2010 - FIRST READING OF ORDINANCE NO. 040, 2010, AMENDING DATE: April 6, 2010 AGENDA ITEM SUMMARY
STAFF: Steve Roy FORT COLLINSCOUNCIL
First Reading of Ordinance No. 040, 2010, Amending Section 2-582 of the City Code Pertaining to the Creation and
Elimination of Deputy and Assistant City Attorney Positions.
EXECUTIVE SUMMARY
This Ordinance would amend Section 2-568(a)of the City Code to authorize the City Attorney to create and fill Deputy
and Assistant Attorney positions as he or she deems necessary to meet the legal services needs of the City and to
fulfill the City Attorney's duties and responsibilities under the City Charter, as long as sufficient funds have been
appropriated and made available by the City Council to defray the costs associated with such positions.
BACKGROUND / DISCUSSION
Under the City Charter, the City Attorney is responsible for advising the Council and all employees of the City in
matters relating to their official powers and duties; representing the City in all legal proceedings;drafting all legislation
and all other legal documents needed for the operation of City business; attending all meetings of the City Council;
and performing all other services incident to the position as may be required by the City Charter or the City Council.
Article VI, Section 1 of the City Charter states that Assistant and/or Deputy City Attorneys are to be appointed as
determined by the Council. Currently,Section 2-582 of the City Code states that all Deputy and Assistant City Attorney
positions must be approved by the City Council.
The number of deputy and assistant attorneys, prosecutors and special. legal counsel needed to assist the City
Attorney in fulfilling his or her Charter responsibilities varies in relation to the volume of work involved in supporting
various City projects and in relation to the experience and areas of expertise of the attorneys. The number and kinds
of attorney positions needed to meet the needs of the City are best determined by the City Attorney. The proposed
amendment would allow the City Attorney to make that determination as long as sufficient funds are available and
appropriated to defray the expenses of the positions established.
STAFF RECOMMENDATION
Staff recommends adoption of this Ordinance on First Reading.
ORDINANCE NO. 040, 2010
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 2-582 OF THE CODE OF THE CITY OF FORT COLLINS
PERTAINING TO THE CREATION AND ELIMINATION OF
DEPUTY AND ASSISTANT CITY ATTORNEY POSITIONS
WHEREAS , Article III, Section 2 of the City Charter specifies the powers and duties of the
City Manager and includes the power and duty to appoint and, when necessary for the good of the
service, remove all heads of service areas and employees of the City except as otherwise provided
by the Charter; and
WHEREAS , Article VI, Section 1 of the City Charter, pertaining to the appointment of the
City Attorney, states that Assistant and/or Deputy City Attorneys may be appointed as determined
by the Council and they shall perform duties as assigned by the City Attorney; and
WHEREAS , Section 2-582 of the City Code currently states that all Deputy and Assistant
City Attorney positions shall be approved by the City Council; and
WHEREAS , the City Council believes that Council approval of individual positions of
employment in the City is inconsistent with the City Council ' s role under Article II, Section 5 of
the City Charter as the policymaking body of the City and that the City Attorney should be
authorized to create and eliminate Deputy and Assistant City Attorney positions as he or she deems
necessary to meet the legal services needs of the City as long as sufficient funds have been
appropriated by the City Council and are available to defray the costs associated with such positions .
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that Section 2-582(a) of the City Code is hereby amended so as to read in its
entirety as follows :
Sec . 2 -582 . Salary and employment status of Deputy and Assistant City
Attorneys.
(a) Deputy and Assistant City
Attorney positions may shall be approved by the eity eouneii. such positions may
be filled by the eityAttome and filled by the City Attorney as he or she deems
necessary to meet the legal services needs of the City and to fulfill the duties of the
City Attorney as specified in Article VI, Section 2 of the City Charter, so long as
sufficient funds have been appropriated and made available by the City Council to
defray the costs associated with such positions . All Deputy and Assistant City
Attorneys shall serve at the pleasure of the City Attorney, and shall have the same
benefits, privileges, terms and conditions of employment as unclassified management
employees of the City, except for such exceptions, additions or modifications thereto
as the City Attorney, in his or her discretion, may deem necessary or advisable for
the efficient operation of the Office of the City Attorney.
Introduced, considered favorably on first reading, and ordered published this 6th day of
April, A.D . 2010, and to be presented for final passage on the 20th day of April, A.D . 2010 .
Mayor
ATTEST :
City Clerk
Passed and adopted on final reading on the 20th day of April, A . D . 2010 .
Mayor
ATTEST :
City Clerk