[CC 1974 §21.310]
No person shall be appointed to the office of City Attorney
unless he/she be a licensed and practicing attorney at law in this
State.
[CC 1974 §21.320; Ord. No. 2999 §§4 — 5, 1979]
A. The
City Attorney may, in addition to his/her other duties which are or
may be required by this Code or other ordinance, prepare all charges
or complaints against any party or parties charged with violation
of this Code or other ordinances of the City and, when ordered by
the Mayor or Board of Aldermen to do so, to prosecute or defend all
suits and actions originating or pending in any court of this State
to which the City is a party or in which the City is interested.
1. The City Attorney shall make, and he/she is hereby authorized and
empowered to make, affidavits on behalf of the City in all cases where
the same may be necessary in taking an appeal or change of venue or
any other matter necessary to proper legal proceedings.
2. The City Attorney shall give his/her opinion to all City Officials.
3. The City Attorney shall appear on behalf of the City in all cases
involving the violation of municipal ordinances that may be filed
at the Municipal Court and shall be responsible for the trial of all
contested cases in the Municipal Court when the City Attorney is of
the opinion that his/her appearance is necessary.
4. The City Attorney shall work with the Chief of Police in efforts
to continuously organize and improve the rules and regulations and
guidelines by which the Police Department and Police Officers of the
City operate.
[CC 1974 §21.330]
The City Attorney shall attend all meetings of the Board of
Aldermen unless excused by the Mayor or majority of the Board of Aldermen.
Any member of the Board of Aldermen may at any time call upon the
City Attorney for an oral or written opinion to decide any question
of law but not to decide upon any parliamentary rules or to resolve
any dispute over the propriety of proposed legislative action.
[CC 1974 §21.340]
In case of absence, sickness or other inability of the City
Attorney to attend court or when, before assuming his/her official
duties, he/she shall have been counsel adverse to the City, he/she
shall inform the Mayor thereof, in writing, and the Mayor shall appoint
some other attorney to represent the City in such cases or during
temporary absence, sickness or inability. Should the City Attorney
fail, neglect or refuse to give such notice as above provided and
the interests of the City in case of such failure, neglect or refusal
need the immediate services of an attorney, then the Mayor may appoint
some other attorney to attend to such cases, who shall receive the
compensation allowed to the City Attorney for like services.
[CC 1974 §21.350; Ord. No. 2999 §7, 1979]
A. The
City Attorney shall be allowed monthly compensation such as from time
to time shall be fixed by the Board of Aldermen. The City Attorney
shall not receive compensation contingent upon the outcome of any
case in the Municipal Court.
1. In the event of a case in which the City is interested being tried
in any Circuit Court, Supreme Court or Court of Appeal, then the Board
of Aldermen shall allow the City Attorney the usual and customary
fees and necessary expenses allowed in like or similar cases.
2. Unusual services by the City Attorney, such as collections, issuance
of bonds and issuance of special tax bills or other matters, shall
be compensated separate and apart from the monthly salary.