pages: CityCouncil/2005-08-02.pdf, 6
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CityCouncil | 2005-08-02 | 6 | proposed resolution was that the City Attorney could spend $35,000 and then, once the cost goes beyond $35,000, the matter would come to the Council for additional authority. The City Attorney stated that the fourth bullet point in the resolution includes limitations on spending; that she does not have the authority to spend $35,000 on a $200,000 case and then come to Council. Mayor Johnson stated that the fourth bullet point addresses reporting; the first bullet point states that the City Attorney is authorized by the Council to spend up to $35,000 per matter from the appropriated budget without prior Council approval; the statements implies that the Councils is giving the City Attorney authority to spend $35,000 on any matter before coming to Council ; the fourth bullet point is a reporting requirement the focus should be on the issue of when the Council is delegating its Charter authority to the City Attorney, not reporting requirements the language might just need clarification; inquired whether she was interpreting the first bullet point correctly. The City Attorney responded that the first bullet point is in context of the fourth bullet point, which means that she has authorization to spend $35,000 per matter without prior Council approval, however, she must come to Council with the litigation budget for anything estimated to exceed $35,000 within 35 days. Mayor Johnson inquired whether the City Attorney would come to Council for approval of hiring outside counsel or simply to report to the Council. The City Attorney responded that she would bring the issue to the Council similar to the Closed Session tonight. Mayor Johnson stated the Closed Session tonight was a report the purpose of the resolution is to clarify when the Council would delegate its authority to the City Attorney to hire outside counsel. Councilmember Matarrese stated that the Council would not delegate its authority to hire outside counsel if any of the following apply: 1) if the estimated defense costs were over $35,000; 2) if a policy question were involved; 3) if there were significant ramifications to the City; and 4) if requested by the Council; the Council does not delegate its authority to hire outside counsel if any of the four apply; the $35,000 threshold allows the City Attorney to engage outside counsel to get the ball rolling so that the City would not incur increased liability if there was an Regular Meeting Alameda City Council 6 August 2, 2005 | CityCouncil/2005-08-02.pdf |