HomeMy WebLinkAboutRes 2007-10-06 Procedure for Request for Legal Services Sought by CC Members.pdfCITY OF ANNA, TEXAS
RESOLUTION NO. 2007-10-06
A RESOLUTION OF THE CITY OF ANNA, TEXAS, PRESCRIBING A PROCEDURE
FOR PROCESSING REQUESTS FOR LEGAL SERVICES SOUGHT BY CITY
COUNCIL MEMBERS WITH RESPECT TO THEIR OFFICIAL ACTIONS AND DUTIES
WHEREAS, the City Attorney's Office has recommended that the City Council adopt this
resolution to encourage efficient and appropriate use of City -funded legal resources by City
Council members; and
WHEREAS, the City Council desires that its members have reasonable access to City -funded
legal services necessary for the administration of their official actions and duties; and
WHEREAS, the City Council desires that there be procedural oversight so that its members'
access to City -funded legal services does not result in an unreasonable demand on City
resources;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANNA, TEXAS, THAT:
1. The City Attorney shall provide individual Council members with legal advice or services
only if the rendition of said advice or services: (1) relates to City business and the
Council member's official actions or duties; (2) would not result in a conflict of interest
considering the City Attorney's paramount duty to the City as an entity; (3) would not
result in an unreasonable use of the City's legal time and resources; and (4) is not
provided with the knowledge and intent to advance the purely political or private interests
of a Council member.
2. As used herein, "substantial legal work" means any work involving more than one hour
of an attorney's billable time.
3. In any instance when the City Attorney believes that a request by a Council member will
require "substantial legal work" the City Attorney must obtain permission from the Mayor
to provide such services and the City Council must be informed, in writing or in open or
dosed session as appropriate, no later than the next regular Council meeting, after
which the Council may take any action it considers necessary.
4. in any instance when it is not initially anticipated that the advice or services requested by
a Council member will require substantial legal work, but the advice or services provided
in fact exceed one hour of an attorney's billable time, the City Attorney must at that point
obtain the permission from the Mayor to continue to provide such services and the City
Council must be informed, in writing or in open or closed session as appropriate, no later
than the next regular Council meeting, after which the Council may take any action it
considers necessary.
5. Notwithstanding any provision herein, the Council reserves the right at any time to take
any otherwise authorized action with respect to decisions regarding the City Attomey's
provision of legal advice or services to a City Council member.
CITY OF ANNA, TEXAS RESOLUTION NO. 2007-10-06 PAGE 1 OF 2 104)947
6. Any advice or legal services provided by the City Attorney's office pursuant to this
Resolution is considered protected by the work -product privilege of the City Attorney to
the axiom that it is protected as such by other law. Any communications between the
City Attorney and the City or its officials—including but not limited to City Council
members—regarding such advice or services are considered attomey-client privileged
communications to the extent such privilege applies under other law. However, the City
Council as a body has the right to hear, review and inspect in a closed session any
advice or services rendered by the City Attorney's office to a City Council member.
PASSED ON THIS THE 9th DAY OF October, 2007.
ATTEST:
Cit ecretary, Natha Wilkison
a+ OF
APPROVED:
Kenneth Pelham
CITY OF ANNA, TEXAS RESOLUTION NO. 2007-10-06 PAGE 2 OF 2 104)9-07