Board instructs procedure for city attorney to represent planning and building staff at appeals

San Francisco — The Board of Supervisors on Sept. 26, 2006 approved an ordinance authorizing a procedure under which the city attorney may provide legal representation for Planning Department and Department of Building Inspection staff appearing before the Board of Appeals.

Supervisor McGoldrick, who introduced the ordinance, said the measure responds to repeated situations in which expensive outside counsel represented appellants and the city’s planning or building-staff representatives lacked adequate legal support. McGoldrick said the ordinance preserves discretion for the city attorney — who, under the charter, serves the City and County of San Francisco — while permitting the planning director and zoning administrator to consult with the city attorney and request representation when important public-policy matters or legal defenses are at stake.

The sponsor said the Zoning Administrator and Planning Department were comfortable with the approach and that the ordinance provides criteria for when representation may be requested. The board approved the ordinance on first reading under “same house, same call.”