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City manager: city attorney not required to file code acknowledgement; council accepts advisory opinion
Summary
After a resident filed an ethics complaint alleging the city attorney failed to file a required acknowledgement under city code section 2-40, the city manager recommended—and the council accepted—an advisory opinion concluding the city attorney is not among the officers required to file and that no ethics violation occurred.
The Berkley City Council accepted a city manager advisory opinion March 2 finding no ethics violation after a resident filed a complaint regarding whether the city attorney had to sign a statement of acknowledgement required by city code section 2-40.
City Manager (as recorded in the transcript) explained the complaint, filed by resident Josh Hunter, arose from the resident's interpretation of the filing requirements in section 2-40. The manager said she had previously sought outside counsel when a prior complaint involved the city attorney but that the code language at issue is "incredibly clear-cut and unambiguous," and that the city attorney is not listed among the officers or employees required to file the signed acknowledgement.
"Consequently, it is my determination that the city attorney is not subject to this filing requirement and no ethics violation has occurred," the manager said, recommending council accept the advisory opinion as required by ordinance.
Council Member Hennon moved to accept the advisory opinion; Council Member Baker seconded. The council approved the motion by unanimous roll call.
The advisory opinion will be published in the city's permanent records as required by ordinance. The complaint and the manager's advisory opinion were both discussed in public during the meeting; the transcript shows the matter was resolved administratively rather than through disciplinary action or formal enforcement.
