[Amended 9-5-2017 by Ord.
No. 2017-3297]
The Village shall employ an attorney or firm of attorneys as
the legal advisor to the Village, either as an employee or as an independent
contractor. The Village Attorney shall be appointed by the Village
President, with the advice and consent of the Board of Trustees,
The Village Attorney shall receive such compensation as may,
from time to time, be approved by the Board of Trustees.
The Village Attorney shall advise the Board of Trustees and
the Village Manager, as well as all other Village officers and employees
as directed by the Board of Trustees or by the Manager, in all matters
of law in which the interests of the Village are involved; and when
required by the President or Board of Trustees or by the Village Manager,
shall furnish written opinions upon any subject submitted to the Village
Attorney pertaining to the Village and its interests.
When requested by the President or Board of Trustees or Village
Manager, the Village Attorney shall: (a) prepare all ordinances and
resolutions, contracts, leases and other documents or instruments
to which the Village may be a party; and (b) attend all regular and
special meetings of the Board of Trustees, attend board and commission
meetings and committee meetings of the Board of Trustees.
The Village Attorney shall, upon direction from the Board of Trustees, assist any additional legal counsel employed pursuant to Section
4-4-5 of this Code.
Except for the prosecution of ordinance violation cases, which
the Village Attorney shall perform only when specifically so directed,
the Village Attorney shall prosecute or defend any and all suits or
actions at law or equity to which the Village may be a party, or in
which it may be interested, or which may be brought against, or by,
any officer of the Village on behalf of the Village, or in the capacity
of such person as an officer of the Village.
The corporate authorities may from time to time employ additional
lawyers to perform specialized, consultant or advisory services to
the Village Attorney or the Village. Specifically, and without limitation
of the foregoing, the corporate authorities may employ an attorney
or firm of attorneys as the Village Prosecutor for the Village, either
as an employee or as an independent contractor. The Village Prosecutor
shall prosecute all ordinance violations of the Village unless the
Village President shall assign the prosecution of certain cases to
some other attorney. The Village Prosecutor shall notify the Village
Attorney of any notice of appeal served in connection with the imposition
of any fine or other penalty for a violation of a Village ordinance.