The primary purpose of the City Attorney’s Office is, per Section 58 of the City Charter, to serve as the City’s legal advisors.  We do so through advice, drafting, assistance and representation, and in doing so serve multiple parts of the City – Mayor and City Council, boards and commissions, City Manager’s Office, departments and staff, and some entities such as the Gaithersburg Parks, Arts and Recreation Corporation (GPARC).

We are in many ways reacting to requests for help.  In doing so, our mission is reflected in our approach when asked for assistance – “how can we help?”  This reflects that we will offer advice and assistance that is accurate, provided in as timely a manner as we can that is also as complete and comprehensive as possible. 

• In that regard, it is expected that at every level we will “tell it like it is,” by giving precise, direct and accurate advice as the essential core of our purpose. Our accuracy and integrity at all levels allows others to depend on the advice we offer; otherwise, without credibility, it would not be helpful.
  
  
  • We do not cut corners but will focus on proper, honest options by which staff and departments can properly accomplish their goals, which may even include approved waivers.
    
    
  • We cannot at any level sway from providing advice that is accurate, but we are not always expected to have every answer at every moment. It is therefore acceptable to say “I don’t know,” coupled with “I will check and let you know,” in response to a question. But it is never acceptable to give an incorrect or inaccurate response.
    
    
  • For new approaches, including steps we’ve not taken before, we will seek to take the “why not” approach rather than simply asking why and accepting the assertion that “we’ve never done it that way before.”
    
    
• We will in giving advice recognize we are a team that works together. As such, coordination and some measure of consistency is important, to ensure we as a team are not offering different advice on the same issue (either to the same or other departments or components).We must always offer accurate advice, but if we are aware of a potential change, update or new conclusion leading to a difference from past advice, we must coordinate to ensure accuracy in what we produce at all levels.

We are required to follow the Maryland Rules of Professional Responsibility; those who are members of the Maryland bar do so as part of their swearing-in pledge, and our office overall does so by the additional commitment in serving as part of this office. The Maryland Rules of Court, Chapter 19, outline the rules applicable to the legal profession (such as annual reporting) and the professional rules are found at Section 300.

• We will as a small government office occasionally engage in dual representation, primarily where one attorney may serve as a board advisory and another as representative of a City department before that same board. This is recognized and approved by the Rules of Professional Responsibility, as outlined by a Maryland Attorney General Opinion, which mandates that we maintain an “ethical wall” of separation between the board advisor and the city department advocate. Taking this step to create a wall of separation will ensure we follow applicable rules of ethics while also protecting the due process rights of all parties. In doing so we will, in serving our respective elements of the City, act independently, without improperly sharing information but treating each other as though they are representing separate and independent entities.

Everyone who is part of the City Attorney’s Office agrees that our primary purpose is to offer accurate and complete guidance and assistance, to help ensure the City has the needed information to make the correct choices, and then also serve to assist in helping the City move forward to achieve its goals. This memo reflects this joint, mutual understanding and replaces any prior outline of office guidelines.