Campagna

This appeal from a judgment for declaratory relief concerns whether respondent, a former city attorney for the City of Sanger, is entitled to funds which he claims are his share of a contingency fee for litigation services. Appellant, the City of Sanger, claims whatever interest respondent may have in the funds was obtained in violation of Government Code section 1090 and the Political Reform Act, which prohibit public officials from being financially interested in any contract made by them in their official capacity. Appellant claims respondent must forfeit his interest because he violated the law. The trial court declared section 1090 and the Political Reform Act have no application in these circumstances and respondent is entitled to the funds.

Facts

In 1977, appellant entered into a contract with the law firm of Richard H. Hargrove to provide legal services as city attorney for a retainer fee of $1,000 per month. These services included attending meetings, being available one morning or afternoon a week to give advice and counsel to the council and city staff, providing advice and opinions by phone regarding city business, and drafting routine ordinances, rules,…