City Attorney:City Attorney:

should the position beshould the position be

Elected or Appointed?Elected or Appointed?

““The City Attorney is to be elected by The City Attorney is to be elected by the people. This is a guarantee that the the people. This is a guarantee that the legal head of the government will be legal head of the government will be able to fearlessly protect interests of all able to fearlessly protect interests of all San Diego and not merely be an San Diego and not merely be an attorney appointed to carry out wishes attorney appointed to carry out wishes of council or mayor.”of council or mayor.”

Excerpt from a 1931 election brochure which asked voters to change theExcerpt from a 1931 election brochure which asked voters to change the

San Diego City Charter and elect an independent City Attorney.San Diego City Charter and elect an independent City Attorney.

San Diego voters approved the recommendationSan Diego voters approved the recommendation

CityCity NameNameAlbanyAlbany Robert J. ZwebenRobert J. ZwebenComptonCompton Legrand H. Clegg, IILegrand H. Clegg, IIHuntington BeachHuntington Beach Jennifer McGrathJennifer McGrathLong BeachLong Beach Robert E. ShannonRobert E. ShannonLos AngelesLos Angeles Rockard DelgadilloRockard DelgadilloOaklandOakland John A. RussoJohn A. RussoRedondo BeachRedondo Beach Jerold A. GoddardJerold A. GoddardSan BernardinoSan Bernardino James PenmanJames PenmanSan DiegoSan Diego Casey G. GwinnCasey G. GwinnSan FranciscoSan Francisco Dennis HerreraDennis HerreraSan RafaelSan Rafael Gary T. RagghiantiGary T. Ragghianti

League of California CitiesLeague of California CitiesElected City Attorney’s RosterElected City Attorney’s Roster

City, StateCity, State NameNameBatesville, ArkansasBatesville, Arkansas Scott StalkerScott Stalker

City of Williamsburg, VirginiaCity of Williamsburg, Virginia Mike McGintyMike McGinty

Claremont, North CarolinaClaremont, North Carolina Bob GrantBob Grant

Columbus, OhioColumbus, Ohio Richard C. Pfeiffer, Jr.Richard C. Pfeiffer, Jr.

Conway, ArkansasConway, Arkansas Mike MurphyMike Murphy

Danville, VirginiaDanville, Virginia William H. Fuller, IIIWilliam H. Fuller, III

Jacksonville, TennesseeJacksonville, Tennessee Robert BamburgRobert Bamburg

Jacksonville Beach, FloridaJacksonville Beach, Florida Stephen StratfordStephen Stratford

Maumelle, ArkansasMaumelle, Arkansas JaNan DavisJaNan Davis

Milwaukee, WisconsinMilwaukee, Wisconsin Grant F. LangleyGrant F. Langley

North Little Rock, ArkansasNorth Little Rock, Arkansas Paul SuskiePaul Suskie

Plant City, FloridaPlant City, Florida Kenneth W. BuchmanKenneth W. Buchman

Reno, NevadaReno, Nevada Patricia LynchPatricia Lynch

Reynoldsburg, OhioReynoldsburg, Ohio Jed HoodJed Hood

Rogers, ArkansasRogers, Arkansas Ben LipscombBen Lipscomb

Russellville, ArkansasRussellville, Arkansas Trey SmithTrey Smith

Seattle, WashingtonSeattle, Washington Thomas A. CarrThomas A. Carr

Sherwood, ArkansasSherwood, Arkansas Steve CobbSteve Cobb

South Milwaukee, WisconsinSouth Milwaukee, Wisconsin Joseph MurphyJoseph Murphy

Springdale, ArkansasSpringdale, Arkansas Jeff C. HarperJeff C. Harper

Springfield, GeorgiaSpringfield, Georgia Charles W. BarrowCharles W. Barrow

St. Louis, MissouriSt. Louis, Missouri Jennifer JoyceJennifer Joyce

Stevens Point, WisconsinStevens Point, Wisconsin Louis J. MolepskeLouis J. Molepske

Washington, MissouriWashington, Missouri Mark PiontekMark Piontek

Wisconsin Rapids, WisconsinWisconsin Rapids, Wisconsin Susan C. SchillSusan C. Schill

Nationwide: Elected City AttorneysNationwide: Elected City Attorneys

This is simply a sampling of

cities throughout the United States

who elect their City Attorney

instead of appoint.

1975 – Sparks Articles of Incorporation (Sparks City 1975 – Sparks Articles of Incorporation (Sparks City Charter) passed by Nevada Legislature:Charter) passed by Nevada Legislature:

• Sec. 1.060 Elective Officers; Qualifications; Sec. 1.060 Elective Officers; Qualifications; salariessalaries1.1. The elective officers of the City consist of:The elective officers of the City consist of:

a)a) A Mayor.A Mayor.b)b) Five members of the Council.Five members of the Council.c)c) A City Attorney.A City Attorney.d)d) Municipal Judges, the number to be deter-Municipal Judges, the number to be deter-

mined pursuant to section 4.010.mined pursuant to section 4.010.

Why is the Sparks City Attorney Elected Today?Why is the Sparks City Attorney Elected Today?

Voters said:Voters said:

7,893 “Yes”7,893 “Yes” 670 “No”670 “No”

1974 – November ballot question to Sparks voters:1974 – November ballot question to Sparks voters: Should the office of the City Attorney of the City Should the office of the City Attorney of the City

of Sparks remain elected?of Sparks remain elected?

1979 – Reno Gazette Journal Editorial:1979 – Reno Gazette Journal Editorial:

““The object of a democratic government is to let The object of a democratic government is to let the people decide who their officials will be”the people decide who their officials will be”

If the Sparks City Attorney is appointed If the Sparks City Attorney is appointed “…the “…the voters would then be almost entirely voters would then be almost entirely disenfranchised”disenfranchised”

Prior Efforts to Change Sparks City Attorney’s Prior Efforts to Change Sparks City Attorney’s Elected Status to AppointedElected Status to Appointed

1979 – Sparks considers changing its Charter 1979 – Sparks considers changing its Charter to appoint instead of elect its City Attorneyto appoint instead of elect its City Attorney

1990 – Sparks City Attorney’s Opinion:1990 – Sparks City Attorney’s Opinion:

Prior Efforts to Change Sparks City Attorney’s Prior Efforts to Change Sparks City Attorney’s Elected Status to AppointedElected Status to Appointed

City Attorney’s task of providing impartial, City Attorney’s task of providing impartial, accurate and complete legal advice to city staff accurate and complete legal advice to city staff and the city council.and the city council.

Appointment results in the city manager Appointment results in the city manager controlling the city attorney through the power to controlling the city attorney through the power to hire, fire and salary.hire, fire and salary.

Election frees the city attorney to speak out Election frees the city attorney to speak out against legally incorrect or ill-advised actions.against legally incorrect or ill-advised actions.

All three local governments in Washoe County are All three local governments in Washoe County are served by an elected attorney.served by an elected attorney.

1991 - Pursuant to a request by its 1991 - Pursuant to a request by its Charter Committee, Sparks City Charter Committee, Sparks City

Council placed an Advisory Question Council placed an Advisory Question to Sparks Voters:to Sparks Voters:

Should the office of the City Attorney of Should the office of the City Attorney of the City of Sparks remain elected?the City of Sparks remain elected?

1991 Editorial; Reno Gazette Journal1991 Editorial; Reno Gazette Journal“Sparks city attorney choice should“Sparks city attorney choice should

remain with voters”remain with voters”

““There are some government jobs that simply should not be There are some government jobs that simply should not be appointive. This (city attorney) is clearly one of them.”appointive. This (city attorney) is clearly one of them.”

““If a city attorney is appointed, he would be If a city attorney is appointed, he would be constrained in attempting to act independently. constrained in attempting to act independently. He would owe allegiance to the city manager He would owe allegiance to the city manager and other elected officials first – not the public. and other elected officials first – not the public. If he’s elected, he is an integral part of the If he’s elected, he is an integral part of the check-and-balance system.”check-and-balance system.”

““Our View – Advisory Question: Vote “YES” to Our View – Advisory Question: Vote “YES” to keep job on ballot. Don’t let it be appointive.”keep job on ballot. Don’t let it be appointive.”

1991 - Pursuant to a request by its 1991 - Pursuant to a request by its Charter Committee, Sparks City Council Charter Committee, Sparks City Council placed an Advisory Question to Sparks placed an Advisory Question to Sparks

Voters:Voters:

Should the office of the City Attorney of Should the office of the City Attorney of the City of Sparks remain elected?the City of Sparks remain elected?

Voters said: “Yes”Voters said: “Yes”

Underlying Themes forUnderlying Themes for

Retaining Elected PositionRetaining Elected Position

for Sparks City Attorneyfor Sparks City Attorney Citizen’s ability to exercise their right to Citizen’s ability to exercise their right to

choose their representative to public officechoose their representative to public office

Public accountabilityPublic accountability

Integral part of the check and balance Integral part of the check and balance systemsystem

Independent legal advice without fear of Independent legal advice without fear of losing job/salary or benefitslosing job/salary or benefits

Public Criticism of Public Criticism of Appointed City AttorneyAppointed City Attorney

July, 1999July, 1999

““nothing more than the legal arm of the nothing more than the legal arm of the city bureaucracy”city bureaucracy”

““The single greatest barrier to citizen The single greatest barrier to citizen aware-ness”aware-ness”

““Fails to serve the people of the city”Fails to serve the people of the city”

Capital Times, Madison, WICapital Times, Madison, WI

Public Criticism of Public Criticism of Appointed City AttorneyAppointed City Attorney

August, 2000August, 2000

Primary allegiance is not to Madison’s Primary allegiance is not to Madison’s citizens, but to Madison’s citizens, but to Madison’s bureaucracy”bureaucracy”

“…“…they’ve lost sight of their they’ve lost sight of their responsibility to the citizens of responsibility to the citizens of Madison…due to lack of independent Madison…due to lack of independent leadership.”leadership.”

Capitol Times, Madison, WICapitol Times, Madison, WI

Public Criticism of Public Criticism of Appointed City AttorneyAppointed City Attorney

September, 2000September, 2000

““The City Attorney’s Office needs new The City Attorney’s Office needs new leadership and a new approach…One leadership and a new approach…One way to get both is to turn the way to get both is to turn the selection process over to the voters”selection process over to the voters”

““The (City Attorney’s) office has been The (City Attorney’s) office has been a barrier to open government…”a barrier to open government…”

Capital Times, Madison, WICapital Times, Madison, WI

April, 2002April, 2002

Advantages to Having anAdvantages to Having anElected City AttorneyElected City Attorney

The person who is elected would be a resident of The person who is elected would be a resident of the city with a commitment to the community the city with a commitment to the community and its people.and its people.

The person who is elected would be inclined to The person who is elected would be inclined to make decisions with an eye toward the public make decisions with an eye toward the public interest, as opposed to the special interests of interest, as opposed to the special interests of municipal officials who now direct the City municipal officials who now direct the City Attorney’s office to erect barriers to public access Attorney’s office to erect barriers to public access to information.”to information.”

Capital Times, Madison, WICapital Times, Madison, WI

October, 2004October, 2004

“…“…being elected and having some independence being elected and having some independence allows him and his staff to give clear-eyed advice,allows him and his staff to give clear-eyed advice,…”…”

““The independence of being elected gives you that The independence of being elected gives you that ability to give pure, unfettered legal analysis…ability to give pure, unfettered legal analysis…What I tell my staff is we are the attorney for the What I tell my staff is we are the attorney for the corporation, but your job is to call it as you see it corporation, but your job is to call it as you see it and let the politics fall as they may.”and let the politics fall as they may.”

San Diego Union-Tribune – Quote from San Diego Union-Tribune – Quote from Oakland’s Elected City Attorney, John A. RussoOakland’s Elected City Attorney, John A. Russo

Advantages to Having anAdvantages to Having anElected City AttorneyElected City Attorney

What the Mayor and Sparks What the Mayor and Sparks City Council members City Council members

have to say about keeping have to say about keeping an elected City Attorneyan elected City Attorney

Councilman Phil Salerno says:Councilman Phil Salerno says:

““Keep it elected, I am Keep it elected, I am against changing the City against changing the City Attorney to an appointive Attorney to an appointive

position”position”