9553-22ORDINANCE NO. 9553-22
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO CITY ADMINISTRATION;
AMENDING SECTION 2.036 OF THE CLEARWATER
CODE, PROVIDING FOR SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, Section 4.01 of the Clearwater City Charter creates a legal
department supervised by the city attorney; and
WHEREAS, Section 4.02(b) requires the city attorney to serve as legal advisor to
council and to other city officials; and
WHEREAS, allowing the city attorney to review council agenda items prior to
publication of each agenda will assist the legal department in fulfilling its role as legal
advisor to council; and
WHEREAS, an existing but informal practice already entails a legal review prior to
publication of most agenda items; and
WHEREAS, Section 4.01 of the city charter states that all members of the legal
department operate under the authority of, and are responsible to, the city council; and
WHEREAS, the City of Clearwater uses a civil service system for the appointment
of tenured public service employees, which was created by special act of the Florida
Legislature in 1941; and
WHEREAS, the city manager is responsible for hiring employees within the civil
service system; and
WHEREAS, it is desirable for administrative efficiency to clarify the relationship
between the city attorney's office and the civil service system; now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. That Section 2.036 of the Clearwater Code is hereby amended as
follows:
(1) It shall be the duty of the city attorney to defend all actions in which the city is a
defendant, unless the city council engages the services of other legal
counsel for any case. Specific authorization to defend the city shall not be
required in any case, but the city attorney shall report the fact of commencement
Ordinance No. 9553-22
of each new case to the city council oommission as soon as is practicable after
service of process upon the city.
(2) No civil action shall be commenced without the authorization of the city council
However, in any action in which the city is a defendant, a
counterclaim or crossclaim may be filed and served upon any person who is
already a party to the action without the authorization of the city council
(3) The authorization to prosecute or defend an action, whether pursuant to this
section or by the city council commission, shall not extend to the appeal or other
judicial review without the authorization of the city council GOMMiSSIOR in any
case where the city is the appellant or petitioner. In any case where the city is
the appellee or respondent, the authorization of the city council commission shall
not be required but the fact of such appeal or petition shall be reported by the city
attorney to the city council as soon as is practicable after service of
notice upon the city.
(4) Nothing in this section shall be construed as a waiver by the city council
601111146844914 of its authority to settle any claim by or against the city at any time.
(5) In any case in which judicial review of an administrative order is sought, and the
time allowed to seek such review does not permit the city council GOMMiSsiell to
consider the matter at a regular meeting, the city attorney may take such steps
as are necessary to preserve the right to seek judicial review without the
authorization of the city council ; however, at the next regular
meeting, the city attorney shall request authorization to proceed in the matter,
and shall promptly withdraw the request for judicial review if such authorization
is not granted.
(6) It shall be the duty of the city attorney to supervise the city attorney's office,
including its attorneys and staff. Employees assigned to the city attorney's office
shall not be considered civil service employees.
(7) It shall be the duty of the city attorney to establish, with approval from a majority
of council, the compensation paid to each employee assigned to the legal
department.
(8) With the exception of board appointments, it shall be the duty of the city attorney
to review for legal sufficiency each agenda item to be discussed at each meeting
of the city council, the community redevelopment agency, and the pension
trustees, prior to publication of the meeting agenda.
(9) It shall be the duty of the city attorney to review and approve each billing
statement or invoice submitted by outside legal counsel.
Section 2. If any section, provision, clause, phrase, or application of this Ordinance
shall be declared unconstitutional or invalid for any reason by a court of competent
jurisdiction, the remaining provisions shall be deemed severable therefrom and shall
remain in full force and effect.
Section 3. This ordinance shall take effect immediately upon adoption.
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Ordinance No. 9553-22
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
David Margolis
City Attorney
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FEB 1 7 2022
MAR 0 3 2022
Frank V. Hibbard
Mayor
Attest:
Rosemarie Call
City Clerk
Ordinance No. 9553-22