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City manager finds no ethics violation in complaint about city attorney; council accepts opinion
Summary
The city manager recommended and the council accepted an advisory opinion concluding the city attorney is not required to file a statement of acknowledgement under section 2-40 of the city code; the complaint originated from resident Josh Hunter and was the second such complaint against the city attorney.
The Berkeley City Council accepted an advisory opinion on March 2 from the city manager determining that no ethics violation occurred after a resident filed a complaint about the city attorney.
City manager Miss Van Black said the city received a second ethics complaint from resident Josh Hunter alleging the city attorney had not filed a signed statement of acknowledgement within 20 days as described in section 2-40 of the city code. The manager read the relevant code language and concluded the city attorney is neither a specified city officer nor a city employee required to file the statement; therefore no violation occurred in the manager’s view.
Van Black acknowledged the code’s language can be difficult for residents to interpret, noted that the city previously retained outside counsel in a separate complaint, and recommended the council accept the advisory opinion. Council moved, seconded and accepted the manager’s advisory opinion by roll call.
The council did not find fault with the city attorney based on the city manager’s interpretation of section 2-40; the manager noted the city would continue to publish advisory opinions in permanent form as required by the code.
