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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 ~~~~~iiin~iiuiiii A ST: \`\\\\\\~`cN~~ gyp H%,,, Linda antu, TMRC, City Secretary = ~ ~ .f x APP .OVED AS O FO AND LEGALITY: Tim G. Sralla, City Attorney 1 s RESOLUTION ADOPTING POLICY REGARDING REFERRAL OF NON-STAFF INQUII2IES TO CITY ATTORNEY Page 2 W:1Richland FTilIs~Resolution~Attomey Refeaal Policy Resolution.tgsS.4.l0.wpd