ESCONDIDO — The city has selected an interim city attorney to lead the office following Michael McGuinness’s retirement after nearly two decades of service to Escondido.
To honor McGuinness’s legacy, the city compiled a video featuring messages from former council members, mayors and colleagues who worked with him during his 18 years with the city. Staff shared the video during the Sept. 2 City Council meeting, two days before McGuinness officially retired Sept. 4.
“You’ve been a perfect fit for Escondido,” former City Manager Jeff Epp said.
McGuinness began his legal career in 1987 with the San Diego City Attorney’s Office, where he served until 2005 and rose to chief deputy city attorney. He then entered private practice with McKenna Long & Aldridge LLP, focusing on construction litigation and transactions.
In 2008, he joined the city of Escondido as assistant city attorney, responsible for all trials and litigation. He was appointed interim city attorney in March 2017 and became city attorney in May of that year.
Appointed by the City Council, the city attorney serves as the city’s chief legal adviser. McGuinness led a team of eight attorneys and five staff members.
Among McGuinness’s most notable accomplishments was his role in City of Escondido v. Emmons, which was decided by the United States Supreme Court in 2019.
Marty Emmons sued Escondido police officers, alleging excessive force in violation of the Fourth and 14th amendments. The federal district court rejected the excessive-force claim against all officers present except the officer who took Emmons to the ground while arresting him for resisting arrest and delaying a police officer. The court found that no clearly established law dictated that the arresting officer could not act as he did, so he was entitled to qualified immunity.
Ultimately, the case resulted in a favorable ruling for the city and clarified how qualified immunity applies in federal civil rights cases.
McGuinness also guided the city through complex legal and policy challenges, including pandemic restrictions and preparing Measure I, the city’s 1-cent sales tax measure, for the November 2024 election.
He also served as president of the City Attorneys Association of San Diego from 2019 to 2020.
“Mike has served this City with integrity, thoughtfulness, and a deep respect for the role of local government,” City Manager Sean McGlynn said. “We appreciate his dedication to Escondido and are thankful for the strong foundation he leaves behind.”
McGuinness plans to spend more time with his family and travel during retirement.
“I am humbled,” a teary-eyed McGuinness said at the council meeting. “I’ll miss everybody – it’s been extraordinary.”
McGuinness praised city employees for always working to improve Escondido.
“They’re trying to do the right thing for you,” he said.
At the same meeting, the City Council unanimously appointed Assistant City Attorney Dare DeLano as interim city attorney until the city hires a permanent replacement. As part of the promotion, DeLano received a 10% raise, increasing her annual salary to $277,200.
