Wise words from San Diego in 1931
Independent City Attorney
"The City Attorney is to be elected by the people. This is a guarantee that the legal head of the government will be able to fearlessly protect interests of all San Diego and not merely be an attorney appointed to carry out wishes of council or manager."
– 1931 election piece asking voters to elect an independent City Attorney
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Livingston's city attorney seems to serve the commission rather than the interests of the people. I don't know if he is appointed by the commission, like the city manager, but if so both are beholding to the commission and therefore cannot run afoul of them by standing in their way when they want to accomplish something. For example, the city attorney gave poor advice when the majority of the commission wanted to pass rules of conduct that would have muzzled a maverick commissioner. The ACLU stepped in though and the commission backed off. Did the city attorney do this because he wanted to please the commission (and keep his job), or is he such a poor legal mind that he could not see the obvious violation of free speech. Either way, the people need to divorce his position from the commission so that he can be replaced independently of the commission. So, yes, having that position filled by a vote of the people is necessary.
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