Opinion

PLYMOUTH IS IN THE process of selecting a new city attorney, or law firm, to provide advice and services in legal matters. Given that the position is so important, it's not surprising that professionals in the field have devised guiding principles.

What follows are ten of them developed in 2005 for municipal attorneys in California. They are indicative of the serious nature of the role and the care that must be taken, in this case by Plymouth, to make a careful selection.

They are principles that have been adhered to by Attorney Ron Damp, whose retirement after a remarkable commitment of 40 years of service to the city creates the need for a replacement search.

Principle 1 (Rule of Law). As an officer of the courts and local government, the city attorney should strive to defend, promote and exemplify the law’s purpose and intent, as determined from constitutional and statutory language, the case law interpreting it, and evidence of legislative intent. As an attorney representing a public agency, the city attorney should promote the rule of law and the public's trust in city government by providing representation that helps create a culture of compliance with ethical and legal obligations.

Explanation. The city attorney’s advice and actions should always proceed from the goal of promoting the rule of law in a free, democratic society. Because the public's business is involved, within the city organization the city attorney should consistently point out clear legal constraints in an unambiguous manner, help the city to observe such constraints, identify to responsible city officials known legal improprieties and remedies to cure them, and if necessary, report up the chain of command to the highest level of the organization that can act on the client city's behalf.

Principle 2 (Client Trust). The city attorney should earn client trust through quality legal advice and the manner in which the attorney represents the city’s interests.

Explanation. It is difficult for the city attorney to effectively represent the city if public officials do not trust the city attorney’s competence and professionalism.

Principle 3 (No Politicization). The city attorney should provide legal advice in a manner that avoids the appearance that the advice is based on political alignment or partisanship, which can undermine client trust.

Explanation. The city attorney and the city attorney’s advice needs to be trusted as impartial by the entire council, staff and community.

Principle 4 (No Self Aggrandizement). The city attorney should discharge his or her duties in a manner that consistently places the city’s interests above self-advancement or enrichment.

Explanation. The city attorney, by his or her acts and deeds, should demonstrate that his or her highest professional priority is to serve the city’s needs.

Principle 5 (Professionalism and Courtesy). The city attorney should conduct himself/herself at all times in a professional and dignified manner, interacting with all elected officials, city staff, members of the public, and the media with courtesy and respect.

Explanation. The city attorney should be a role model of decorum and composure.

Principle 6 (Policy versus Law). The city attorney’s obligation is to understand the city’s policy objectives and provide objective legal advice that outlines the legally defensible options available to the city for achieving those objectives.

Explanation. The city attorney must respect policymakers’ right to make policy decisions.

Principle 7 (Consistency). The city attorney should conduct his or her practice in a way that consistently furthers the legitimate interests of cities.

Explanation. Consistency in the legal positions taken by city attorneys is vital to city attorneys’ credibility with the courts, clients, and the public.

Principle 8 (Personal Financial Gain). The city attorney’s primary responsibility is to serve the city’s interest without reference to personal financial gain.

Explanation. An important aspect of the city attorney profession is public service.

Principle 9 (Hiring by and of City Attorneys). The selection and retention of the city attorney and city attorney staff should be based on a fair process that emphasizes professional competence and experience. The process should not include inappropriate considerations such as political, personal or financial ties.

Explanation. The public’s trust in the quality of the city’s legal services is undermined if it appears that considerations other than competence affected the decision to hire someone.

Principle 10 (Professional Development). The city attorney should contribute to the profession’s development by improving his or her own knowledge and training and by assisting other public agency attorneys and colleagues in their professional development.

Explanation. For city attorneys to remain a vital, positive part of municipal government, members of the profession should take affirmative actions to advance respect for and proficiency by its practitioners.

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