San Diego County Grand Jury
• 2007-2008
• Agency Response
Response to:
San Diego City Attorney’s Office
San Diego City Attorney's Office
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings 8 findings
F01
Article Y $40 of lhe Sun Diego City Charter no longer reflects the generally held viewpoint concerning the role an elected City Attorney shouldplay as general counsel of a modern Municipal Corporation and should be amended. Mayor's Response: The Mayor agrees with this finding. Fact: All of the appl-oximately 135 Sun Diego Deputy City Attorneys are in the Unclassij?ed Civil Service.
F1
Article V, $40 of the San Diego City Charter no longer reflects the generally held viewpoint concerning the role an elected City Attorney should play as general counsel of a modern Municipal Corporation and should be amended. Response: The City Council agrees with this finding. However, it should be noted that during the City Council's discussion of these responses, Councilmember Frye indicated that she was not in agreement with Finding 1, and requested the Council's response reflect that.
F02
Sun Diego Deputy City Attorneys serve at the pleasure of the City Attorney and are subject to dismissal, with or wilhout cause, provided only that notice is given. Mayor's Response: The Mayor agrees with this finding.
F2
San Diego Deputy City Attorneys serve at the pleasure of the City Attorney and are subject to dismissal, with or without cause, provided only that notice is given. Response: The City Council agrees with this finding.
F03
Sun Diego Deputy City Attorneys enjoy significantly less job security than their counterparts in the oflces of the District Attorney and County Counsel. Mayor's Response: The Mayor agrees with this finding. CITY ADMINISTRATION BUILDING. C STREAT. SAN DIEGO. CALIFORNIA 92101 (619) 236-6330 $5 P""lC3 01 ICC/CIPO "am
F3
San Diego Deputy City Attorneys enjoy signzjkantly less job security than their counterparts in the ofices of the District Attorney and County Counsel. Response: The City Council agrees with this finding.
F04
The departure of so many experienced DepuZy City Attorneys has had a negative eSfect on conduct of the city's business. Mayor's Response: The Mayor agrees with this finding.
F4
The departure of so many experienced Deputy City Attorneys has had a negative effect on conduct of the city's business. Response: The City Council agrees with this finding. GRAND JURY RECOMMENDATIONS
Recommendations 2
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08-122Page 2Draft an amendment to Article V, § 40 of the San Diego City Charter, specljjing more clearly the qualifications, duties and responsibilities of the City Attorney, and submit it to the electorate at an appropriate future date. Response: The recommendation requires further analysis. The Grand Jury should be commended on their thoughtful and concise suggested changes with regard to Charter Section 40; however, these issues require greater exploration and should be more fully considered by a future charter committee.
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08-123Page 3Explore moving Deputy City Attorneys who have completed an appropriate probationary periodfrom the UnclassiJiedt o the ClasslJied Civil Service, If in order to provide greater stability in the City Attorney's Office. this is found to be feasible, amend the city charter as necessary. Response: The recommendation requires further analysis. As stated previously, the Grand Jury's thorough analysis and discussion of this matter is greatly appreciated; however as with Recommendation 08-122 the issues surrounding the Deputy City Attorneys should be taken up in a future study of the San Diego City Charter, particularly Section 40. OFFICE OF THE INDEPENDENT BUDGET ANALYST REPORT I Date Issued: September 2,2008 IBA Report Number: 08-89 I City Coundl Docket Date: September 9,2008 I Item Number: TBD Response to Grand Jury Report Titled "San Diego City Attorn'ey's Office" On June 4,2008 the San Diego County Grand Jury issued a report to the Mayor and the City Council entitled "San Diego City Attorney's Office". The stated purpose of the Grand Jury Report is twofold: first, to examine whether the role of the City Attorney, as defined in the San Diego City Charter, serves the public in the 215' century as well as it did when the'charter was adopted seventy-seven years ago; and second, to examine whether some of the approximately 135 Deputy City Attorneys should be changed to CIassified Civil Service positions. The Grand Jury Report includes four