RES 2012-10 GOVERNANCE MANUALRESOLUTION NO. 2012 -10
A RESOLUTION of the City Council of Bainbridge Island,
Washington, amending the City of Bainbridge Island Manual
of City Governance Policies, Procedures and Guidelines.
WHEREAS. on March 10, 2010, the City Council adopted the City of Bainbridge
Island Manual of City Governance Policies, Procedures and Guidelines (the "Governance
Manual "); and
WHEREAS, Section 9.4 of the Governance Manual provides that any
amendments to the Governance Manual be made by resolution; and
WHEREAS, at the August 8, 2012 City Council meeting, City Council approved
by motion certain amendments to the Governance Manual; now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND DOES
RESOLVE AS FOLLOWS.
Section 1. Section 3.11 of the Governance Manual is amended to read as
indicated on Exhibit A.
PASSED by the City Council this 22" d day of August, 2012.
APPROVED by the Mayor this 22nd day otA -uMt, 201
By:
ATTEST /AUTHENTICATE:
ebl3w'i Lester, M
FILED WITH THE CITY CLERK: August 17, 2012
PASSED BY THE CITY COtJNCIL: August 22, 2012
RESOLUTION NO. 20 12- 10
EXHIBIT A
3.11 Role of City Attorney
The City Attorney's ultimate client is the City itself — a municipal corporation. The City
Attorney's relationship to the local government is similar in a number of respects to that of an
attorney who represents a corporation. In that capacity, the City Attorney provides legal
advice to the City Council, the City Manager, the Department Directors, and City staff. (See
KTT (footnote 39).)
The City Attorney may represent the City in actions brought by or against the City or against
City officials in their official capacity. However, other attorneys may be hired to handle
specific cases because of the nature of the ease, because the City Attorney has a conflict or
other reason he or she cannot become involved, or due to limited resources of the City
Attorney's office. In rare cases, the City Attorney may have a conflict and not be in a
position to advise both the City Council and the City Manager. (See MRSC "Knowing the
Territory. ")
In those rare cases where either the City Council or the City Manager perceive such a
conflict, the City Attorney should be consulted directly in order for him or her to make a
decision about whether it is possible for the City Attorney to adequately represent the City in
that situation. If the City Attorney determines that he or she cannot do so then it is the
responsibility of the City Attorney to secure alternate legal assistance.I
The City Manager cannot prohibit the Council from having access to the City Attorney's
advice. For reasons of efficiency or cost effectiveness, the City Manager may decide that
certain legal questions should be channeled to the City Attorney through the City Manager, to
ensure that questions are clearly worded and communications back to Council are consistent.
(See MRSC "Councilmember Handbook" (Dec. 2009; p.12).)
The Council can determine as a policy matter whether the City shall obtain legal advice from
an on -staff City Attorney or by reliance on a law firm, but the Council may not direct the
appointment of an individual to the position of City Attorney — that being the role of the City
Manager. (See MRSC "Code City Handbook" (June 2009; p. 51))
I There are two scenarios in
which a city council has the
implied authority to hire outside counsel
One if
the council hires counsel to
represent it, and it prevails on the substantive issue to the benefit of the
city,
court may direct the town to
pay the reasonable fees and
costs of outside counsel. State v. Volkmer,
73 Wn.
App. 89, 95 (1994) (citing CIW of Tzrkivila v. 7bdd, 17 Wn. App. 401 563 P.2d 223 (1977)). Two
if
extraordinary circumstances
exist a court may determine
that a contract with outside counsel is both
appropriate and necessary.
State v. Volkiner, 73 Wn. App.
89 95 (1994) (citing Wiley v Seattle 7
Wn
576, 579, 35 P. 415 (1894).
Extraordinary circumstances may exist where there is a vacancy in the office of city attorney. or where the
city attorney is ill, disqualified, absent, or unavailable; or where the legal official of the corporation refuses
to appear- and perform the necessary services; or where he has, or represents adverse interests. City of
Tukwila v. Todd. 17 Wn. App. 401 406 563 P.2d 223 0977) (citing MCQuillin, The Law of Municipal
Corporations X29.12 at 262 -63 (3d ed. 1966)).