§ 11.1. Legal Opinions for Councilmembers

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  • Councilmembers may, individually or jointly, request legal opinions and legal work from the city solicitor. When appropriate, they may specify that such opinions be delivered confidentially under the attorney-client privilege, and be delivered only to the councilmember(s) who requested the legal opinions.

    If the "Rule 11" legal work the councilmember(s) requests involves an item to which the administration has already established a position or generated a legal analysis, the councilmember(s) may request an independent opinion conducted by a city lawyer not involved in the prior decision making or analysis.

    When the councilmember(s) has requested a confidential/privileged and independent opinion or analysis, only the councilmember(s) can disclose the legal opinion to others within or outside the administration. Consistent with Ohio rules of legal ethics, the attorney must conduct his or her analysis independently and provide a neutral and confidential opinion or analysis to the requesting councilmember(s).

    Councilmembers who jointly request a confidential legal opinion or analysis must respect their joint attorney-client privilege for legal opinions given to them in confidence by the Solicitor's Office or other attorneys of the city.