A push by some on the Huntington Beach City Council to get a second opinion on the city’s legal matters is drawing sharp push back — and a threat of possible legal action — from elected City Attorney Michael Gates.

Gates, in an open letter he sent to city council, threatened council members with “all legal options available.” Gates also hired a law firm to represent him in his role as city attorney, a move that generated another letter, warning that the council’s planned action would be “unlawful.”

Council members, who have acknowledged an adversarial relationship with Gates, said during their public meeting of Tuesday, Dec. 21, that they want outside counsel when they believe a city matter presents a conflict involving Gates.

They also said they were taken aback by Gates’ public response prior to the council meeting, arguing that his reaction is an example of why they want to have direct access to other attorneys.

“He effectively proved the point of why we need a second opinion,” said Councilman Dan Kalmick.

“We’re in a somewhat Bugs Bunnyesque Looney Tunes situation here, where the person I would go to, to respond to someone who threatened (me with a) lawsuit, would be my city attorney — who (also) is the person that threatened lawsuit.”

“(It’s) bananas. Absurd.”

The idea of allowing the seven-member council to get a second legal opinion  — which was formally proposed by Mayor Barbara Delgleize, Mayor Pro Tem Mike Posey and Kalmick — drew support from most members at the meeting.

“I’ve never witnessed anything like this,” said Councilwoman Rhonda Bolton, an attorney.

“A lawyer cannot represent a client and sue that client… We’re in an adversarial posture and that’s unfortunate.”

Still, council members did not vote on the proposal Tuesday. Instead, they agreed to postpone it to Jan. 18, and discuss in closed session a process for selecting additional legal representation.

A closed session discussion also was something Gates suggested.

“Don’t bring fights to me publicly,” Gates said. “I’m an elected official.”

Gates reiterated that he has no issue with the city bringing on additional attorneys as needed, and said his office has often done that. But he insisted that under the city’s charter, as the elected city attorney, he is the only one in the city with the authority to independently retain outside legal services.

“The charter lays it out. I am the top lawyer,” Gates said. He also said that only he could determine if a conflict warrants an outside attorney; and that any attorney brought in by the city would have to be vetted by him or his office.

On Wednesday, Gates said he was pleased the city council “avoided a charter violation” when it did not vote for hiring another attorney on its own. Meanwhile, Gates has hired a law film from Roseville, Cole Huber, to represent him. Though the final bill will depend on the length and nature of the conflict with city council, Gates said the tab will fall to taxpayers and come out of the city attorney’s budget.

Tuesday’s exchanges between Gates and council members revealed mutual frustration. Among other things, council members chastised Gates for openly criticizing them on social media.

“Why do you go on social media to brag about what you’re doing?” asked Delgleize. The posts, she told Gates, are “your way of letting us know how you feel.”

Most of the public speakers who addressed the council during the meeting supported Gates, who leading up to the meeting shared on social media the letter he wrote the council.

Gates also was accused of being too eager to threaten litigation, even against sitting elected officials.

During Tuesday’s meeting, Gates suggested he and the council jointly file a legal action to let a judge decide whether council members can independently hire and take direct advice from an outside attorney.

Gates said he would be OK with the council hiring an attorney, but that he would have to vet that hire.

“As long as you run it through my office, we’re solid.”

Council members said issues that need to be addressed next month, when city government resumes work, include resolving an apparent conflict in the city charter related to the powers of the city attorney versus the council.

Gates won election for City Attorney in 2014. Huntington Beach is the only city in Orange County where the city attorney is elected by voters, with most city councils hiring outside law firms that specialize in municipal law.

In recent years, under Gates’ direction, the city has been involved in some taxpayer funded court battles that some on the council argue were ideologically driven, including two lawsuits against the state of California over housing and immigration laws. Also, earlier this year, the city paid about $4 million in legal fees and settlements related to an age discrimination suit involving Gates’ office.

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Huntington Beach pays $2.5 million in age discrimination case naming City Attorney Michael Gates