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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