The City Attorney shall be an officer of the City of Berkeley, appointed by a vote of five members of the Council, serving at the will of the Council for an indefinite period, and removed only by a vote of five members of the Council, and shall receive such salary as may be fixed by the Council. Upon presentation of a proposed budget by the City Attorney, the Council shall provide funds sufficient to carry out the responsibilities of the office of City Attorney and for the City Attorney’s department (subject to available resources), which shall be under the administrative control of the City Attorney.

Except in the case of the Berkeley Housing Authority, and in the case of the Board of Education, Rent Stabilization Board and any other boards whose members are elective officers pursuant to this Charter, and in addition to duties and powers provided elsewhere in this Charter, the City Attorney shall prosecute all violations of the Charter and ordinances of the City; shall, subject to the general direction of the Council, prosecute and defend for the City and all boards, officers and employees in their official capacity, all proceedings before judicial and quasi-judicial tribunals; shall not commence, compromise, settle or dismiss any action for or against the City except as authorized by an ordinance or resolution adopted by the Council; shall be the legal advisor of and attorney and counsel for the City and for all officers and boards thereof, in all matters relating to their official duties; shall have the authority to enter into contracts to prosecute or defend any action or proceeding or when necessary to advise the Council, any board or commission, the City Manager, or any division, department, or bureau of the City Government; and shall draft proposed City ordinances and amendments thereto.