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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