What it takes to be the city attorney

Jose Paul Corona

It’s one of the most powerful positions in local government. And

Huntington Beach is the only city in Orange County, and just one of

five in the state, that elects its city attorney rather than

appointing one.

This November, with longtime City Atty. Gail Hutton retiring, Surf

City residents will get a chance to elect a new person to that lofty

role.

Four residents are running to replace Hutton: former Independent

columnist Ron Davis; Deputy City Atty. Jennifer McGrath; Benjamin

Pugh; and Alan Leigh Armstrong.

These four will face off to win the hearts of electorate, a far

different battle than when an attorney is trying to impress city

officials.

Then, the qualifications are clear. At the top of the list is a

firm grasp of municipal law.

Municipal law is an area of legal expertise that pertains to local

government agencies and includes land use, zoning and land

development.

Municipal law experience would be the first thing that Fountain

Valley City Manager Ray Kromer would look for if he had to hire a

city attorney.

“They have to have a good track history of knowing municipal law,”

he said.

A good working knowledge of municipal law is important because

city attorney’s draft ordinances and resolutions, review contracts,

give legal advice to the city on an ongoing basis and defend the city

during legal disputes.

“It’s not something that you can come in from a general [law]

practice and learn what municipal law is about,” said Westminster

City Atty. Richard Jones.

City attorneys also must have a wide base of knowledge with legal

matters in general in order to be successful, said Newport Beach City

Atty. Bob Burnham.

“You never have experience in every case that you come across, but

I think that having practice in a number of different areas and

arenas is helpful,” Burnham said.

Even though city attorneys serve as general counsel to the city

they work for, they are part of an organization that has specific

experts in different legal areas, Jones said.

If a deputy city attorney that has been hired by the city attorney

does not have any experience in a specific legal arena, or if the

case will warrant a large amount of time that the city attorney’s

office cannot devote to it, then outside legal counsel also can be

hired, Burnham said.

While that isn’t the most desirable scenario, it’s something that

does happen, Burnham added.

“We try no to [do that], but there are times when you just have to

or you should,” he said.0

One criticism of the Huntington Beach City Attorney’s office under

Hutton is it has hired a tremendous amount of outside legal counsel.

Along with legal expertise, management experience is also

important, said Huntington Beach Councilwoman Shirley Dettloff.

“They have to know how to manage that department,” she said.

Budget and personnel issues are a big part of the city attorney’s

office and the person running that department will have to deal with

non-legal issues, she added.

“There’s a lot of responsibility there,” Dettloff said. “It’s a

daily operation of providing the best legal advice.”

Organizational skills also play a big part in the job, Jones said.

“You have to be organized and get things done,” he said, adding

that a city attorney can’t be shy. “Unlike many areas of law you give

your opinion in a very public setting. Everything you do is public in

nature. You have to have confidence and be able to explain it in

public.”

While a city attorney may have to be comfortable in giving legal

opinions in a public forum such as city council meetings, they are

also nonpartisan, said Huntington Beach City Manager Ray Silver.

“Their opinion and work is nonpolitical,” he said.

* JOSE PAUL CORONA covers City Hall and education. He can be

reached at (714) 965-7173 or by e-mail at [email protected].