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The City Council will consider requiring City Attorney Mike Aguirre to seek the council’s permission before filing a lawsuit on the city government’s behalf at a hearing Monday.

The proposal, which the council first approved in March, requires the city auditor to refrain from paying any expenses related to litigation the city attorney files without the City Council’s permission. Monday’s vote will determine whether the rules will be extended for the current fiscal year, which began July 1.

Council President Scott Peters and Councilman Ben Hueso proposed extending the requirement, arguing that the council is held accountable to taxpayers for the city’s spending decisions. All but two council members, Kevin Faulconer and Donna Frye, voted for the rule in March.

Aguirre argues that his office is permitted under the city charter to make legal decisions independent of the council.

The proposal will be weighed as part of the annual appropriations ordinance, which enacts the budget the council approved in June.


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