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How is it that the City Attorney was not aware of this matter until last week? This appears to be a breach of duty by either the City Manager, City Attorney or both. Is it he City Manager's obligation to inform the City Attorney of potential litigation as soon as a legal matter arises? Who determines if outside legal advise is required, the Manager, Attorney or City Council? Would the City be in a better position to defend against the EPA charges had Mr. Gabriel and City Council been informed when EPA's investigation began in 2009? Will the City ever understand the benefits of sharing critical information at least with each other?
From City Ordinance:
Section 4.04. City Attorney.There shall be a city attorney, appointed by council, who shall serve as chief legal advisor to the council and city administrators and shall represent the city in all legal proceedings and perform such other related duties, as the council may deem necessary. The city attorney may be full time or part time or on retainer as the council may deem necessary. If the position of city attorney is full time, the provisions of section 4.02 applicable to the city manager shall be equally applicable to the city attorney.(Ord. No. 02-20, § 1, 6-17-2002, referendum 9-10-2002)
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