HomeMy Public PortalAboutResolution No. 364-10 05-18-2010 364-10
' CITY OF RICHLAND HILLS RESOLUTION NO.
A RESOLUTION OF THE CITY OF RICHLAND HILLS, TEXAS
ADOPTING A POLICY REQUIRING THE CITY MANAGER TO OBTAIN
CITY COUNCIL APPROVAL PRIOR TO INCURRING CERTAIN CITY
ATTORNEY FEES REGARDING REQUESTS FOR LEGAL OPINIONS
ORIGINATED BY ELECTED OFFICIALS AND PRIVATE CITIZENS OR
OTHER PERSONS OR GROUPS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on the City Council has determined that the City has incurred unnecessary
attorneys' fees resulting from legal inquiries and requests for legal opinions directed by elected
officials, as well as private citizens and other persons or groups; and
WHEREAS, the City Council wishes to conserve the limited City financial resources by
establishing a process to screen such requests prior to them being referred to the City Attorney; and
WHEREAS, the City Council has also determined that the City Manager should retain the
discretion to refer any legal inquiries and requests for legal opinions generated by the City Manager
or City staff to the City Attorney, without being subjected to the delay necessitated by
implementation of such a policy;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
RICHLAND HILLS, TEXAS:
SECTION 1.
ORDER
The City Council hereby orders that the following shall be the policy of the City of Richland
Hills:
POLICYREQUIItINGTHECITY MANAGERTOOBTAIN CTTYCOUNCIL
APPROVAL PRIOR TO INCURRING CERTAIN CITY ATTORNEY FEES
REGARDING REQUESTS FOR LEGAL OPINIONS ORIGINATING FROM
ELECTED OFFICIALS, CITIZENS OR OTHER PERSONS OR GROUPS
If either the City Manager or City Attorney receive an inquiry regarding a
legal matter or a request for a legal opinion from the Mayor, another member of the
City Council, or any private citizen or group, the City Manager shall place on the
next available City Council agenda an item to determine whether such inquiry
regazding a legal matter or a request for a legal opinion should be submitted to the
City Attorney.
The purpose of this policy is not to deter legitimate use of legal services, but
~ rather to prevent single elected officials and private individuals and groups from
causing the City to incur unnecessary legal expenses based on questions that, in the
determination of the City Manager and City Council, do not raise significant legal
consequences for the City. Therefore, the City Manager, being the manager of the
day-to-day affairs of the City, shall retain full discretion to refer questions and issues
to the City Attorney or other outside legal services providers as the City Manager
determines is prudent and appropriate, including issues raised by other members of
~ City staff. Further, if the City Manager determines that an inquiry regarding a legal
~ matter or a request for a legal opinion raised by the Mayor, another member of the
City Council, or any private citizen or group, raises a legal issue or matter of
significant concern to the Cityand is sotime-sensitive that waiting for a City Council
meeting would jeopardize the City's interests, the City Manager is authorized to
request an opinion from the City Attorney regarding such matter without first
submitting such concern to the City Council for determination.
SECTION 2.
EFFECTIVE DATE
i
This Resolution shall be effective upon its adoption.
Passed and approved this day of 2010.
CITY OF RICHLAND HILLS, TEXAS
ayor
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Linda antu, TMRC, City Secretary = ~ ~ .f x
APP .OVED AS O FO AND LEGALITY:
Tim G. Sralla, City Attorney
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