Exciting enhancements are coming soon to eCode360! Learn more 🡪
City of Centralia, MO
Boone County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Code
New Laws (0) Index
[Ord. No. 435 § 57, 12-4-1950; Ord. No. 1290 § 1, 2-17-1986]
The Mayor, with the advice and consent of a majority of the members of the Board of Aldermen, shall appoint a suitable person as City Attorney. The City Attorney shall serve at the pleasure of the Mayor and the Board of Aldermen.
[1]
State Law Reference — As to appointment of City Attorney, see RSMo., §§ 79.230, 79.240 and 79.250.
Cross Reference — Also see §§ 2-25, 2-27, 2-28, 2-29, 2-33 and 2-40. As to residency, see § 22-18.
[Ord. No. 435 § 58, 12-4-1950]
Any person, in order to be eligible to the office of City Attorney must be a licensed and practicing attorney at law in the State.
[1]
State Law Reference — As to qualifications of officers, see RSMo., § 79.250. As to officers' oath, see RSMo., § 79.260. As to general regulations concerning attorneys at law, see RSMo., §§ 484.020 and 484.040.
Cross Reference — Also see § 2-28 of this chapter.
[Ord. No. 435 § 59, 12-4-1950; Ord. No. 1520 § 16, 1-15-1990]
The City Attorney shall, in addition to his other duties which are or may be required by this Code or other ordinance, prepare all charges, information or complaints against any party, or parties, charged with violation of this Code or other ordinance of the City and shall prosecute the same on behalf of the City.
It shall be the duty of the City Attorney to prosecute all persons charged with the violation of this Code or other ordinance of the City, and, when requested by the Mayor or Board of Aldermen to do so, to represent the City in any Federal or State Court or before any Federal or State Administrative Agency to which the City is a party, or in which the City is interested.
The City Attorney shall make, and he 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.
The City Attorney shall give his opinion to all City officials.
The City Attorney shall report to the Board of Aldermen the condition of any matters pending or unsettled in the City Municipal Court, or any other proceeding pending in any other court of which he may have charge under orders of the Mayor or Board of Aldermen.
[1]
State Law Reference — For similar provisions, see RSMo. § 479.120.
Cross Reference — Also see ch. 8.1 of this Code.
[Ord. No. 435 § 60, 12-4-1950; Ord. No. 1520 § 17, 1-15-1990]
In case of a vacancy in the office of City Attorney or to assist the City Attorney, whenever it is deemed for the best interests of the City, the Mayor and Board of Aldermen may, by ordinance, employ special counsel to represent the City. Whenever the City Attorney is unable to fulfill any of his duties because of absence, illness, conflict of interest or otherwise, the City Attorney shall notify the Mayor or City Administrator so that the Mayor and the Board of Aldermen may decide if employment of special counsel is warranted.
[1]
State Law Reference — See RSMo., § 79.230.
[Ord. No. 435 § 61, 12-4-1950; Ord. No. 1304 § 1, 3-17-1986; Ord. No. 1520 § 18, 1-15-1990; Ord. No. 2637 § 1, 3-21-2011]
The City Attorney shall be allowed a salary for his or her legal services such as from time to time shall be fixed by ordinance of the Board of Aldermen as a certain amount per year, which salary shall be paid bi-weekly out of the City Treasury.
The Board of Aldermen may, by ordinance, provide further compensation to the City Attorney, in addition to his yearly salary, for legal services provided to the City by the City Attorney when the nature of said legal service is different in terms of difficulty, scope, magnitude or time necessary to complete from the normal legal services expected to be provided by the City Attorney.
The Board of Aldermen shall, by ordinance, allow the City Attorney the usual and customary legal fees and necessary expenses in the event the City requests that the City Attorney represent the City in any civil cases or municipal ordinance violation cases in any Federal or State District Court, Circuit Court, Court of Appeal or Supreme Court, including, but not being limited to trials de novo and jury trials before an Associate Circuit Court Judge or Circuit Court Judge, or in any Federal or State Administrative Agency proceeding in which the City is a party.
The City Attorney shall receive no specific legal fee that is connected with municipal ordinance violation guilty pleas or findings of guilt by the Judge of the Municipal Court, and no legal fees for a City Attorney shall be assessed or taxed as court costs in any municipal ordinance violation case in the Municipal Court.
Any special counsel who is employed by the City to represent the City in some legal matter shall receive the same reasonable compensation that is allowed to the City Attorney for the kind of legal services provided by the special counsel who is appointed. Such reasonable compensation shall be fixed by the Board of Aldermen, by ordinance.
[1]
State Law Reference — For similar provisions, see RSMo., § 79.230.
Cross Reference — Also see § 2-31 of this chapter.
[Ord. No. 2414 § 1, 5-15-2006]
A. 
The Mayor, with the advice and consent of a majority of the members of the Board of Aldermen, may appoint a suitable person as City Prosecutor. The City Prosecutor shall serve at the pleasure of the Mayor and the Board of Aldermen.
B. 
Any person, in order to be eligible to serve in the office of City Prosecutor, must be a licensed and practicing attorney at law in the State of Missouri.
C. 
While a person is serving as City Prosecutor pursuant to this Section, the City Attorney shall not have responsibility for any duties relating to the prosecution of persons charged with a violation of this Code or other ordinances of the City in the Municipal Court as specified in Section 2-54, except that the Mayor or Board of Aldermen may direct the City Attorney to perform such duties in the absence of the City Prosecutor or when the City Prosecutor is not able to perform such duties in a particular instance or except that the Mayor or Board of Aldermen may direct the City Attorney to assist the City Prosecutor by prosecuting one (1) or more cases in specific instances, such as during a time when the City Prosecutor is first employed.
D. 
The City Prosecutor shall prepare all charges, information or complaints against any person charged with a violation of this Code or other ordinances of the City and shall prosecute the same on behalf of the City. The City Prosecutor shall prosecute all persons charged with a violation of this Code or other ordinance of the City in the Municipal Court. The City Prosecutor shall make and is hereby authorized and empowered to make, affidavits on behalf of the City in all cases relating to charges or complaints of a violation of this Code or other ordinances of the City where the same may be necessary in taking an appeal or change of venue or any other matter necessary to proper legal proceedings of said cases.
E. 
The City Prosecutor shall report to the Board of Aldermen the condition of any matters pending or unsettled in the Municipal Court.
F. 
The City Prosecutor shall be allowed a salary for his or her legal services such as from time to time shall be fixed by ordinance of the Board of Aldermen as a certain amount per year, which salary shall be paid monthly. The Board of Aldermen shall, by ordinance, allow the City Prosecutor the usual and customary legal fees and necessary expenses in the event the City requests that the City Prosecutor represent the City in any municipal ordinance violation cases in any State Circuit Court, Court of Appeal or Supreme Court including, but not being limited to, trials de novo and jury trials before an Associate Circuit Court Judge or Circuit Court Judge. The City Prosecutor shall receive no specific legal fee that is connected with municipal ordinance violation guilty pleas or finding of guilt by the judge of the Municipal Court and no legal fees for a City Prosecutor shall be assessed or taxed as court costs in any municipal ordinance violation cases in the Municipal Court.