SUPPORTS ITEM NO. 2  
                                                      CS&B COMMITTEE AGENDA
                                                      DECEMBER 14, 1995    



                              ADMINISTRATIVE REPORT


                                                   Date:  November 15, 1995


     TO:       Standing Committee on City Services and Budgets

     FROM:     City Manager and Director of Legal Services

     SUBJECT:  Law Representation at Council




     RECOMMENDATION

          THAT  Council not require the attendance of the Director of Legal
          Services  at Council  meetings except  for specific  agenda items
          where Legal Services advice may be required.


     CITY MANAGER'S COMMENTS

          The City Manager RECOMMENDS approval of the foregoing.


     COUNCIL POLICY

     There is no applicable policy.



     PURPOSE

     This report requests  Council endorse  a change in  the attendance  of
     legal staff at Council.


     BACKGROUND

     For a very  considerable time, the Director of Legal  Services, or her
     representative, has attended  all Tuesday Council meetings.  Given the
     improvement  in format of reports, and  the time for staff and Council
     to review  them,  the original  reason for  the Director's  attendance
     probably no longer exists.  Further, in view of the  nature of Council
     business and the present  workload for the Law Department, this is not
     an effective use of a senior lawyer's time.





     It is noted that in addition to  the Department's normal workload, the
     Department is presently being automated and the Director is personally
     involved  with consultants and staff  in the creation  of programs and
     the retrieval and organization  of data.  Her personal  involvement in
     this project is seen as being essential.

     DISCUSSION

     In the  course  of  Council  discussion,  legal  questions  arise  not
     infrequently.  In  most cases, significant  legal questions have  been
     reviewed during the  preparation of  the report, and  the Director  of
     Legal  Services has satisfied  herself that they  have been considered
     fully.  Comments from the Director of Legal Services will be  included
     in   the  report   where  appropriate.     However,   legal  questions
     occasionally  arise which  have  not been  considered previously,  and
     Council  members will  direct  questions to  staff.   In  many  cases,
     departmental  staff  will respond.   In  some,  the Director  of Legal
     Services will do his or her best to provide instant legal advice.

     We believe  Council would  be better served  if the Director  of Legal
     Services was excused  from full time attendance at Council.   In place
     of this resource, members  of the Law Department would  attend Council
     on specific reports as required.

     The Director of  Legal Services  would continue to  review the  entire
     package, provide  written comments  where necessary, and  assure legal
     staff  involvement.  Where significant legal questions arise, the item
     could be deferred so legal staff have the  opportunity to research the
     matter and provide a considered written opinion.


     CONCLUSION

     The City Manager and  Director of Legal Services believe  that Council
     would be better served by not requiring the attendance of the Director
     of Legal Services or her representative at Council and so recommend.



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