[Code 1992, § 1.14(1)]
Pursuant to W.S.A., § 62.09(12), there is established
the office of City Attorney.
[Code 1992, § 1.14(2)]
The City Attorney shall be elected in the spring election in
even-numbered years for a term of two years.
[Code 1992, § 1.14(3)]
(a)
The City Attorney shall conduct and be responsible for all legal
business and affairs in which the City has an interest and shall serve
as legal advisor to the Council and all departments and offices of
the City. He shall be in charge of prosecuting all cases arising out
of the violation of City ordinances. He shall give written legal opinions
when asked to do so by the City Council, City, Mayor or other department
heads as required and pursuant to policy established. He shall represent
the City in matters in which the City has a necessary legal interest
before any court or tribunal and, in addition to attending to the
day-to-day legal business of the City, shall perform such other duties
as may be required by the Mayor or Council, all in keeping with the
rules of professional conduct for attorneys as adopted by the State
Supreme Court. (See SCR Chapter 20.)
(b)
The City Attorney, although responsible for the day-to-day legal
matters of the City, may be advised from time to time by the Mayor,
City Council, department heads or officers with respect to specific
matters and details of City business, which matters by their nature
are solely within the knowledge of specific individuals, departments
or bodies of government. The City Attorney shall respond to these
advisories as part of his day-to-day activities.
[Code 1992, § 1.14(4); Ord. No. 07-19, § 1, 1-14-2008]
(a)
The City Attorney shall be given a salary the amount of which is
to be determined annually commencing January 1 of each year. The salary
shall be paid through regular payroll procedures and is intended to
compensate the City Attorney at the agreed upon hourly rate for the
following activities: attendance at all regular City Council meetings;
attendance at all Plan Commission meetings; the rendering of legal
advice at such meetings when requested by the Mayor or City Council
in keeping with City policy regarding same; drafting of ordinances,
leases, deeds and easements for roads and utilities; and attendance
at standing committees and Committee of the Whole if requested.
(b)
All other work, activity or involvement by the City Attorney in the
legal affairs of the City shall be billed and paid on an hourly (or
fraction of an hour) basis on a monthly schedule. The hourly rate
for such services shall be determined annually by resolution of the
City Council commencing January 1 of each year and paid through the
normal payroll procedures.
[Code 1992, § 1.14(5)]
If an item of the City business arises that is of the type and extent exceeding the normal and typical day-to-day business of the City and in which the involvement of the City is optional and not mandatory including, but not limited to, labor negotiations; industrial revenue; mortgage or general obligation bonding; TIF developments; major economic developments involving extensive legal services, including contractual negotiations, the Mayor and City Council shall be advised in advance of the need for legal services in those areas or determine on their own the need for such services and shall authorize the City Attorney to act in these matters if deemed appropriate. In the event of the involvement of the City and the necessity of legal services in these extraordinary matters, the City Council and City Attorney shall establish a separate fee agreement governing these services. If the City Attorney is required to act on behalf of the City in extraordinary matters prior to securing Council approval, the City Attorney shall secure approval of the Mayor or, in the absence of the Mayor, the Council President, and shall be compensated at the established annual hourly rate until the Council and City Attorney have established a different hourly rate for this extraordinary type of work. The City Attorney shall report to the City Council at its direction on the status of any legal matter pending. However, such reports shall be in closed session if determined to be appropriate and allowable under W.S.A., ch. 19.
[Code 1992, § 1.14; Ord. No. 07-19, § 1, 1-14-2008]
(a)
The elected City Attorney shall be entitled to receive any and all
benefits to which he may be entitled pursuant to the state statutes
or federal law as a result of his election to the office and position
of City Attorney and employment by the City in such office and position.
(b)
The elected City Attorney shall be given an annual W-2 wage and tax
statement covering his entire gross income from the City.
