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Council approves designation of Mary Wagner as assistant city attorney
Summary
The council accepted the law firm's designation of Mary Wagner to serve as an assistant city attorney under the existing contract with Burke, Williams & Sorensen; council discussion clarified duties and that no extra fee was required under the firm contract.
The Carmel-by-the-Sea City Council on March 30 accepted a designation by the city's contracted law firm to assign attorney Mary Wagner to provide assistant city attorney services under the firm's existing contract.
Brian (the city's retained attorney) said Burke, Williams & Sorensen has authority under its contract to designate which firm attorneys provide services to Carmel, and he introduced Wagner as an experienced municipal lawyer who would assist the city without extra cost because she will take on work that otherwise Brian would complete.
Brian said Wagner has experience in land-use and municipal law and currently serves as assistant city attorney for Benicia and Menlo Park; he noted she has worked with local housing-element matters and is familiar with Brown Act and conflict-of-interest rules. "She has fingertip knowledge of all those rules," Brian said, recommending the council's concurrence.
Wagner addressed the council: "I'm very happy to be here and look forward to working with all of you and with your staff," she said.
Council members asked four detailed questions that covered whether the council approves the firm's choice or merely accepts it, what the assistant city attorney's duties will be, whether there will be additional cost to the city, and whether the city needs a designated assistant attorney. Brian said the firm contract delegates the firm's internal staffing decisions to the firm, but he had placed the item on the agenda to provide transparency and to allow council input. On duties, he said Wagner would do more than cover when the city attorney is absent; she would assist on a range of matters similar to how the assistant city administrator supports the city administrator.
On cost, Brian told the council there is no additional expense to the city because the work must be performed by the firm under the existing contract; the firm will assign tasks to Wagner rather than have Brian do all of them. Council members and residents welcomed Wagner and asked that staff continue to share high-level trends and items from the firm that could affect the city.
The council approved the consent item to receive and file the staff report naming Mary Wagner as assistant city attorney, with a roll-call vote recorded as yes from Council members Barron, Booter, Mayor Pro Tem Delves, Council member Jermall and Mayor Byrne.
