The city manager and city attorney positions are critical to the success of the council-manager form of government. Both are appointed directly by the city council and can be removed at any time for any reason.1 Both are essential for the success of local representative democracy. The individuals in these positions must work hand-in-glove for the ultimate benefit of the community, but they have distinctly different duties. Our experience is that managers and attorneys strive to work collaboratively, respecting each other’s roles, with the same aim in mind: moving forward the council’s and community’s goals.

What makes for a great working relationship? What are some steps that managers can take to foster the type of relationship that gets important work done for the agency and is a true partnership? How can the manager and attorney avoid stepping into each other’s lanes? In this article, we suggest some ways to maximize the effectiveness of the relationship.

Differing Roles, Both Important

Municipal government has never been more legally complex. Planning and land use, housing policy, labor relations, police oversight, environmental compliance, homelessness response, procurement, public records, open meetings, ethics, elections: every one of these domains is shaped by overlapping layers of federal and state statutes, administrative regulations, and interpretive case law.

City attorneys are responsible for interpreting and navigating all of it. They develop, review, and advise on every ordinance, resolution, agreement, and conveyance the city makes. It can take many years of dedicated municipal legal practice to develop the expertise required to perform this work at a high level.

The city attorney is the chief legal advisor and representative for a municipal government. They help officials avoid legal pitfalls. The city attorney represents the municipal corporation and provides legal counsel to the governing body and city staff but does not serve as attorney for any individual city official—elected or appointed. Nor does the city attorney provide legal services to the public in general.

City attorneys act as the city’s lawyer in lawsuits, labor disputes, contract conflicts, and civil rights claims either directly or through outside legal counsel. They can be full- or part-time city employees or contracted through a municipal law firm. They must be licensed to practice law in the state or province. Some oversee in-house legal staff. City attorneys in some cities also serve as prosecutors.

In this respect, their responsibilities dovetail with the city manager’s duty to lead, manage, and oversee most of these same functions and services on the operational side. The city manager’s position entails multiple responsibilities for providing policy advice, high-performing management and administration, organizational development, community building and leadership.

When the city attorney and city manager have a thought-partner relationship, where we strategize about how to navigate sticky issues and work together on a unified approach, the city is best served. I’ve always had the view that the city attorney is a strong partner. They have a different set of tools at their disposal, but combined we can be even more effective.” —Sherilyn Lombos, City Manager, Tualatin, Oregon

The Municipal Attorney as Partner and Strategic Advisor

Every municipal service, program, and project has legal dimensions. The city attorney should be part of the conversation from the beginning of policy or project formulation, not brought in at the end to bless a finished product. The attorney can help determine the best way to address community needs consistent with all laws and regulations. They should be consulted early and often.

When seeking the attorney’s advice, start with the “why.” Explain the end goal: what you want to change and what outcome you are trying to achieve. Provide context about the political, administrative, technical, financial, and staffing realities surrounding the proposal. Also make sure that all of the underlying facts are disclosed as the relevant facts can materially change the legal advice given. Then walk through the proposed approach together. If the attorney identifies aspects of the plan that are legally risky, brainstorm alternatives together to eliminate or minimize legal exposure.

Flexibility on the means to achieve the end is essential. Be patient if research is needed before the attorney can advise. The best city attorneys don’t simply tell you what you cannot do. They help you get where you need to be on the strongest possible legal footing.

Frame and Minimize Risk—Don’t Just Flag It

Effective city attorneys go beyond binary legal/illegal assessments. They evaluate the relative risk of challenge and the likelihood of successful defense for any proposed course of action. The goal is not zero risk, which would paralyze any government, but informed and managed risk: limiting (but not erasing) liability exposure so that the city can act in the interests of its residents, business people, or other community stakeholders.

This requires the attorney to understand context and the manager to take legal concerns seriously, even when they complicate a preferred path forward.

The easy part of being a city attorney is identifying legal issues and risks. The creative and harder part is finding solutions that achieve the desired policy outcome in a lawful way that minimizes legal risks. This process requires careful listening and communication. —Greg Stepanicich, former City Attorney, various cities in California; Town Attorney, Ross, California

More Than Simply a Legal Resource

Top city attorneys are highly educated and ethical, intelligent, good communicators and problem-solvers and dedicated to public service. Not only do they provide necessary legal advice, but they can also act as excellent sounding boards as they are knowledgeable about the community and staff. Because they are hired by an elected governing body, they generally have a high degree of political astuteness and therefore they may be able to offer practical advice about how recommendations will be received by councilmembers. City attorneys may also help facilitate council decision-making, particularly when tensions run high or if alternatives are complicated.

City managers are wise to confer frequently with city attorneys. This critical relationship must be grounded on mutual respect, collegiality, and shared commitment to public service.

Given the complexity of municipal governance, it’s essential to establish an effective, harmonious, and strong working relationship with your city attorney. The city manager and city attorney are the only two municipal professionals a city council hires. It’s imperative for us to work together in a positive manner to protect the city from legal liability while supporting the implementation of policy set by the council. —Marcela Piedra, City Manager, Rohnert Park, California

Build a Culture of No Surprises

Perhaps the single most important norm for this relationship is simple: no surprises. The city manager and city attorney should keep each other informed of emerging issues, political dynamics, and potential problems. This ensures that they can work both collaboratively and effectively while also respecting their distinct roles. Neither should learn about a significant development for the first time in a council meeting.

Protect the Boundaries

Some boundaries must remain clear. The city attorney represents the municipal corporation, not any individual official, elected or appointed. The attorney provides counsel to the governing body and to city staff but does not serve as a personal attorney for the city manager.

If a dispute arises regarding the city manager’s employment or contract, the city manager is strongly encouraged to seek outside legal counsel. The city attorney’s fiduciary duty runs to the municipal corporation as an entity, and in city manager employment matters, that means the council—not the city manager.

While the city manager and city attorney work together in bringing proposed policies and programs to the council, it can happen that one or the other may step over each other’s roles. Conflict can result. For instance, the attorney may disagree with a policy or program recommendation supported by the manager and not only point out the legal risk but inappropriately oppose the recommendation. Likewise, the manager may wish to recommend a policy or project and inappropriately ignore or minimize the attorney’s concern about the legality of the manager’s recommendation or the legal risk involved. If the manager and attorney intrude into each other’s domain, conflict ensues.

When this occurs, councilmembers invariably perceive the tension between their two directly hired employees. This lack of a unified approach undercuts policy deliberation by the council and can lead to poor or inconsistent execution by the staff.

Clear and open communication between the manager and attorney about issues, roles, and conflicts (when they arise) is essential in avoiding contentiousness in the relationship. Conflict between these two key players serves no one well, wastes time, and confuses the governing body and organization. Working through differences in perspectives in a way that preserves the relationship, and clarifies roles, should happen before difficult patterns are established that are hard to break.

A Partnership Worth Investing In

The city manager/city attorney relationship is one of the most consequential professional partnerships in local government. Winning lawsuits is good. Avoiding them in the first place is better. The best city attorneys assist city managers in moving policies and programs forward legally and effectively. They can also be valuable guides and advisors on matters beyond the law and regulations. Together, you can make serious civic progress by working together effectively, while supporting the city council, staff, and community volunteers in your city.

When the relationship works well, the council receives clear, coordinated guidance. Staff operates with confidence. The community benefits from a government that is both responsive and legally sound. When it breaks down, everyone pays the price. Like any important relationship, this one requires intentional effort, honest communication, and a shared commitment to something larger than either role: effective, ethical governance in service of the public. The investment is worth making.

ROD GOULD, ICMA-CM, is chairman of the board of HdL Companies, a former ICMA Executive Board member, retired city manager, consultant, and supporter of all those who toil in local government service. (rodgould17@gmail.com)

JAN PERKINS, ICMA-CM, is vice president of Raftelis, a local government management consultant and facilitator, retired city manager, and a believer in good government and in the city management profession. (jperkins@raftelis.com)

DR. FRANK BENEST, ICMA-CM, is a retired city manager and currently serves as a local government trainer and ICMA’s Liaison for Next Generation Initiatives. (frank@frankbenest.com).

DAVID BENOUN has served as city manager of Newark, California, since 2018, and served as the Newark city attorney for seven years prior to his appointment as city manager.