San Francisco city attorney seeks new post after 20 years

San Francisco could have a new city attorney for the first time in two decades following the nomination of Dennis J. Herrera as general manager of the San Francisco Public Utilities Commission.

Herrera was elected city attorney in 2001. He ran for mayor unsuccessfully in 2011. Mayor London N. Breed announced the nomination on Monday.

“I will always cherish the groundbreaking work we have done in the city attorney’s office over these nearly 20 years,” Herrera said in a news release. “We advanced equality for all, pushed affordable housing at every turn, gave our children better opportunities to grow and thrive, and took innovative steps to protect the environment. We never shied from the hard fights. Above all, our approach to government has had an unwavering focus on equity, ethics and integrity.”

Herrera took on cases related to same-sex marriage and gun control. Recently, he sued the San Francisco Unified School District to force it to bring students in all grades back to school by the end of April.

Should the five-member commission that oversees the San Francisco Public Utilities Commission recommend Herrera as general manager, San Francisco could have a new city attorney for the first time in 20 years. But the process could take several weeks.

Matthew D. Davis, a shareholder at Walkup, Melodia, Kelly & Schoenberger, worked briefly with Herrera at the city attorney’s office. Davis said he thinks a lot of people would consider running for the position.

Davis said he hopes that whoever comes next will continue the tradition set out by Herrera and his predecessor, Louise Renne.

“Be it bringing lawsuits on behalf of the people or taking bold stances in litigation when it’s needed, be it the opioid litigation or gay marriage, whatever comes up. You want to see someone who continues in that ethical, progressive vein,” Davis said.

Sean F. Connolly, an assistant district attorney in San Francisco, said the announcement came as a surprise. Connolly, who used to work in the city attorney’s office, said Herrera has been a steady hand in a turbulent political environment for lawyers working in the office.

“Those lawyers appreciate and like the stability of that office,” Connolly said. “So I think having someone come in that’s new might cause a little anxiety.”

The next city attorney would also have to take on the massive lawsuit against 24 companies, nonprofits and individuals that Herrera subpoenaed last year as part of a probe into corruption alleged to be linked to city officials.

In March, it was announced that waste management company Recology would repay San Franciscans nearly $100 million for overcharging ratepayers over the last four years.

Asked if he would consider running, Assemblyman David Chiu, D-San Francisco, said Herrera built arguably the best public law office in the nation.

“I love representing San Francisco in the Legislature, fighting for what’s important to our city and state,” Chiu said in an email. “I haven’t had time to give today’s news the consideration it deserves. Throughout my career, I’ve always considered where I can best serve the city I love, and will continue to do that.”

Through his communications director, Sen. Scott Wiener, D-San Francisco, who used to work as a deputy city attorney under Herrera, said his heart is in the Legislature and he is not interested in becoming city attorney.

San Francisco County Superior Court Judge Monica F. Wiley called the nomination bittersweet. Wiley worked at the city attorney’s office for a little over a decade.

“His departure will be significant for the office, but much like the attorneys and staff did after the departure of Louise Renne, they will adjust and continue to do the work required of a public law office,” Wiley said. “Some of the most significant achievements in the last 18 years have been representing the City and County of San Francisco in affirmative litigation advocating for consumer protection and public safety.”