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City of O'Fallon, MO
St. Charles County
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Table of Contents
Table of Contents
[R.O. 2008 § 115.200; Ord. No. 5472 § 1, 6-11-2009]
The Mayor, with the consent and approval of the majority of the entire City Council, may appoint a City Attorney who shall be licensed to practice law in the State of Missouri. The City Attorney need not be a resident or voter of the City.
[R.O. 2008 § 115.210; Ord. No. 5472 § 1, 6-11-2009]
The City Attorney shall serve at the pleasure of the Mayor and Council and may be removed by the Mayor with the consent of a majority of the entire City Council or may be removed by a two-thirds (2/3) vote of the entire City Council, independently of the Mayor's approval or recommendation.
[R.O. 2008 § 115.220; Ord. No. 5472 § 1, 6-11-2009]
Anything in this Code of Ordinances, the City's personnel policies, the employee reference guide or elsewhere to the contrary notwithstanding, appointment of the City Attorney shall not be subject to any internal posting or external advertising requirements or testing or competitive examination requirements which might otherwise be the norm for City employment in accordance with either Section 6.2 of the Charter or otherwise, nor enjoy any right to internal administrative appeal or review by the Personnel Committee of disciplinary action or termination of employment.
[R.O. 2008 § 115.230; Ord. No. 5472 § 1, 6-11-2009]
Additional special counsel may be employed from time to time or for special purposes with the approval of the City Council. The City Attorney may utilize and delegate assignments to other attorneys with whom the City Attorney is affiliated without specific authorization from the Mayor or City Council, provided however, that such work shall be supervised and subject to review and approval by the City Attorney.
[R.O. 2008 § 115.240; Ord. No. 5472 § 1, 6-11-2009]
If a vacancy occurs in the office of City Attorney, the Mayor shall appoint a suitable person to discharge the duties of such office until the first regular meeting of the City Council thereafter, at which time such vacancy shall be permanently filled.
[R.O. 2008 § 115.250; Ord. No. 5472 § 1, 6-11-2009]
A. 
The City Attorney shall represent the City in all legal matters and actions and shall:
1. 
Except as may be otherwise provided in this Code, represent the City in all legal matters and proceedings in which the City is a party or interested or in which City Officers are parties in their official capacity;
2. 
Advise the Mayor, the Council, any committee or member thereof and the City Administrator, department heads and all other City Officers and agencies as to legal questions affecting City interests;
3. 
Approve as to form all ordinances, contracts, deeds, bonds and other documents to be signed in the name of, or made to or with, the City;
4. 
Attend Council meetings as directed by the Council; and
5. 
Perform any other duties as the Council may direct.
[R.O. 2008 § 115.260; Ord. No. 5472 § 1, 6-11-2009]
The City Attorney's compensation shall be fixed by ordinance from time to time.
[R.O. 2008 § 115.300; Ord. No. 5472 § 1, 6-11-2009]
The Mayor, with the consent and approval of the majority of the entire City Council, may appoint a municipal Prosecuting Attorney who shall be licensed to practice law in the State of Missouri. The Prosecuting Attorney need not be a resident or voter of the City.
[R.O. 2008 § 115.310; Ord. No. 5472 § 1, 6-11-2009]
The Prosecuting Attorney shall serve at the pleasure of the Mayor and Council and may be removed by the Mayor with the consent of a majority of the entire City Council or may be removed by a two-thirds (2/3) vote of the entire City Council, independently of the Mayor's approval or recommendation.
[R.O. 2008 § 115.320; Ord. No. 5472 § 1, 6-11-2009]
Anything in this Code of Ordinances, the City's personnel policies, the employee reference guide or elsewhere to the contrary notwithstanding, appointment of the Prosecuting Attorney shall not be subject to any internal posting or external advertising requirements or testing or competitive examination requirements which might otherwise be the norm for City employment in accordance with either Section 6.2 of the Charter or otherwise, nor enjoy any right to internal administrative appeal or review by the Personnel Committee of disciplinary action or termination of employment.
[R.O. 2008 § 115.330; Ord. No. 5472 § 1, 6-11-2009]
Additional special counsel may be employed from time to time or for special purposes with the approval of the City Council. The Prosecuting Attorney may utilize and delegate assignments to other attorneys with whom the Prosecuting Attorney is affiliated without specific authorization from the Mayor or City Council, provided however, that such work shall be supervised and subject to review and approval by the Prosecuting Attorney.
[R.O. 2008 § 115.340; Ord. No. 5472 § 1, 6-11-2009]
If a vacancy occurs in the office of Prosecuting Attorney, the Mayor shall appoint a suitable person to discharge the duties of such office until the first regular meeting of the City Council thereafter, at which time such vacancy shall be permanently filled.
[R.O. 2008 § 115.350; Ord. No. 5472 § 1, 6-11-2009]
It shall be the duty of the Prosecuting Attorney to prosecute the violations of tile City's ordinances before the Municipal Judge or before any Circuit Judge hearing violations of the City's ordinances.
[R.O. 2008 § 115.360; Ord. No. 5472 § 1, 6-11-2009]
The City Attorney's compensation shall be fixed by ordinance from time to time. The compensation of such attorney shall not be contingent upon the number of cases tried, the number of guilty verdicts reached or the amount of fines imposed or collected.