Charter of the City of Stockton

ARTICLE XIII
DEPARTMENT OF LAW

---

SECTION 1300. Participants

The Department of Law shall consist of a City Attorney, and such assistants, deputies, or clerks as the City Council may prescribe.

SECTION 1301. Qualifications

The City Attorney shall be an attorney-at-law, duly licensed to practice in all the courts of California and prior to appointment must have engaged in the practice of law in the State of California for at least five (5) years. Deputy City Attorneys shall be fully licensed attorneys-at-law at the time of their appointment.

(Amended Election 10/13/53 effective 3/16/54; Amended Election 11/8/94 effective 5/22/95)

SECTION 1302. Appointment

The City Council shall appoint the City Attorney, and the City Attorney shall appoint all other members of the Department.

SECTION 1303. Duties

The City Attorney shall be the legal advisor of and attorney and counsel for the City and for all officers, boards and departments thereof in all matters relating to their official duties. The City Attorney shall conduct and carry on all suits, actions, and proceedings in behalf of or against the City, including prosecution on behalf of the people of all criminal cases arising from violations of the ordinances of the City; provided, however, that where there is a contractual duty on the part of an insurance carrier for the City to defend actions against the City, then the defense of said actions may be conducted as provided in said contract of insurance. The City Attorney shall prepare or approve as to form all contracts, bonds and other legal instruments to which the City is a party, and shall endorse on each the City Attorney's approval as to form and correctness thereof or evidence such approval as to form in separate writings to be filed and preserved with the records of the City Council.

(Amended Election 4/12/55 effective 5/12/55; Amended Election 10/12/71 effective 12/6/71; Amended Election 11/8/94 effective 5/22/95)

SECTION 1304. Opinions and Records

The City Attorney shall maintain custody and control, for the period prescribed by general law in bound indexed books of records, of all written opinions given by the City Attorney to any officer or board and registers of all briefs and transcripts used in causes in which the City Attorney appears in behalf of the City and of all actions and proceedings under the City Attorney's charge. All such books, registers and records shall be the property of the City. The City Attorney shall deliver all such property to the successor in office, who shall prepare receipts in duplicate therefor, one (1) of which shall be filed with the City Clerk.

(Amended Election 10/12/71 effective 12/6/71; Amended Election 11/8/94 effective 5/22/95)

SECTION 1305. Prohibition of Private Law Practice

The City Attorney shall conduct no private law practice.

(Added Election 10/12/71 effective 12/6/71)

SECTION 1306. Retention of Outside Counsel

The City Attorney shall not retain or employ outside counsel, except as hereinabove provided, without the approval of the City Council.

(Added Election 10/12/71 effective 12/6/71)