[R.O. 2009 §105.310; CC 1976 §2-245; R.O. 1954
§69; Ord. No. 1193 §1, 10-1-1984; Ord. No. 1822 §1, 5-3-1999]
No person shall be appointed as City Attorney or City Prosecutor
unless and until he/she be an attorney-at-law in good standing and
entitled by license to practice his/her profession in all courts of
the State of Missouri.
[R.O. 2009 §105.320; CC 1976 §2-246; R.O. 1954
§69; Ord. No. 1194 §1, 10-1-1984; Ord. No. 1311 §1, 1-19-1987; Ord. No. 1822 §1, 5-3-1999; Ord. No. 2068 §§1—2, 5-3-2004]
A. The
duties of the City Attorney shall include both regular duties and
special duties which shall be defined as follows:
1. Regular duties. Regular duties shall be defined
to specifically include those matters as set forth below:
a. Attend any regular or special meeting of the Board of Aldermen ("Board")
as directed by City Officials and advise the Board on any question
of law that may arise during the course of such meeting;
b. Review and approval of all ordinances, documents and other writings
which are necessary to prepare and conduct the routine affairs of
the Board's meetings;
c. Provide oral legal advice to officials of the City as may be necessary
and specifically requested by such officials in the conduct of routine
business of the Board;
d. Conduct legal research as directed by the City Administrator for
routine issues.
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As used herein, the term "regular duties" shall
not include representation of the City of Higginsville, Missouri ("City")
in any litigation or administrative law proceeding before any City,
State or Federal court, agency, board or commission.
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2. Special duties. Anything that does not fall within the specific delineated categories of regular duties as set out in Subsection
(1) of this Section
105.190 shall be categorized as special duties.
3. The City Attorney shall not have any responsibility or duty to prosecute violations of City ordinance in the absence of the City Prosecutor for the City and the City Attorney shall not have any duty or responsibility to advise the Police Department, members of the Police, or other personnel of the Police Department of the City with respect to the violation of any City ordinance, investigation of any accident or other matters. Notwithstanding, the foregoing is not intended to limit the regular duties of the City Attorney under Subsection
(1) of this Section
105.190 to advise the Board of Aldermen and the Mayor regarding their general duties and responsibilities.
[R.O. 2009 §105.330; CC 1976 §2-247; R.O. 1954
§104; Ord. No. 611 §1, 2-7-1972; Ord. No. 838 §1, 2-7-1977; Ord.
No. 924 §1, 1-18-1978; Ord. No. 964 §1, 1-15-1979; Ord. No. 1014 §1, 1-21-1980; Ord. No. 1110 §1, 1-4-1982; Ord.
No. 1199 §1, 10-15-1984; Ord. No. 1322 §1, 5-18-1987; Ord. No. 1385 §1, 6-27-1988; Ord. No. 1421 §1, 3-6-1989; Ord.
No. 1688 §§1—2, 6-17-1996; Ord. No. 1822 §1, 5-3-1999; Ord. No. 2068 §§1—2, 5-3-2004; Ord. No. 2098 §§1—2, 12-6-2004; Ord. No. 2175 §1, 5-1-2006; Ord. No. 2306 §1, 9-2-2008; Ord.
No. 2433 §§1—2, 5-16-2011; Ord. No. 2963, 9-6-2022]
A. The City Attorney shall receive compensation for the services provided under Section
105.190 as follows:
1. City Attorney — Compensation. For all regular and special duties,
the City Attorney shall receive an hourly fee of one hundred twenty-five
dollars ($125.00), payable monthly.
2. City Prosecutor — Compensation. For all regular duties, the
City Prosecutor shall receive an hourly fee of one hundred twenty-five
dollars ($125.00), payable monthly.
[R.O. 2009 §105.340; CC 1976 §2-249; R.O. 1954
§69; Ord. No. 1192 §2, 10-1-1984]
Whenever it shall be necessary to obtain additional counsel
the Board of Aldermen shall employ such additional attorneys as they
may deem necessary.