Measure I updates the City Charter so the City Council, rather than the City Manager, appoints and directs the City Attorney.
This measure requires approval by a majority of voters voting on the measure to pass.
Fiscal Impact: Measure I is not expected to have a fiscal impact.
Next Sacramento County Measure: Measure J
Pro:
Supporters say Measure I is needed to improve accountability for legal advice to the City of Folsom. City councils appoint the city attorney in 469 of California’s 482 incorporated cities. In ten charter cities, voters elect the city attorney directly. Only Folsom and Shafter currently give this appointment authority to the city manager. Measure I would bring Folsom in line with standard practice for independent legal advice in California.
The City Council is elected by and directly accountable to Folsom voters. The City Attorney serves the City as a whole, and accountability should rest with the elected officials who represent the public, not with an appointed administrator. The Folsom City Council urges you to Vote YES on Measure I for clear responsibility, transparent oversight, and public accountability to Folsom residents.
A YES vote on this measure means: you will authorize a Charter amendment to give the City Council the authority to appoint, suspend or remove the City Attorney, subject to the procedural and timing rules above.
Con:
No official opposition to Measure I was submitted.
A NO vote on this measure means: you will not authorize a Charter amendment to give the City Council the authority to appoint, suspend or remove the City Attorney, subject to the procedural and timing rules above.
Background
The Folsom City Charter requires the City to be legally represented by a City Attorney. The City Attorney is a City department head and his/her duties include: (i) legally advising the City Council, individual Councilmembers, the City Manager and department heads regarding the law relating to City affairs, (ii) representing the City in all legal proceedings, (iii) preparing all ordinances and other needed legal documents, (iv) reviewing and approving all City contracts as to legal form, and (iv) performing such other duties as may be prescribed by ordinance. The Charter also authorizes the City Attorney to retain outside special legal counsel to assist the City as needed.
The City Charter currently provides that the City Attorney is a department head who may be appointed and removed by the Folsom City Manager.
Proposal
Measure “I” requires the Council to appoint a City Attorney through an employment agreement, like other City department heads under the City Charter. Measure “I” expressly requires the City Attorney to be a member of the California State Bar and chosen solely on the basis of administrative qualifications. The City Attorney is not required to be a resident of the State or City and shall be paid a salary fixed by the Council commensurate with the responsibilities of the position.
Measure “I” provides that the City Attorney shall serve at the pleasure of the City Council and may be removed or suspended by the City Council as provided herein. The City Attorney has the right to a public hearing prior to being removed or suspended, which hearing shall be held and a Council decision made only after 10 days' published notice is provided. Measure “I” further prohibits the City Council from removing, suspending, requesting the resignation of, or reducing the duties, salary or benefits of the City Attorney during a period of 90 days immediately following the installation of any newly elected or newly appointed City Councilmember.
Source: Measure I Impartial Analysis