[Ord. No. 23 §1, 9-1-1995]
There is hereby created the Legal Department which shall consist of the office of City Attorney and the office of City Prosecutor.
[Ord. No. 23 §2, 9-1-1995]
It shall be the function of the Legal Department to prosecute or defend any and all suits or actions at law or equity to which the City may be a party or in which it may be interested, to provide legal advice and consultation to all elected and appointed City Officials and to prosecute all alleged violations of the traffic ordinances of the City and such other violations of the Codes and ordinances of the City as the City Council may authorize.
[Ord. No. 23 §3, 9-1-1995]
The offices of City Attorney and City Prosecutor shall be filled by appointment made by the Mayor with the advice and consent of the Council, of persons competent to carry out the duties of said offices. Such appointments shall be for an indefinite term. The Attorney and the Prosecutor may be removed from office by the Mayor with the advice and consent of the Council. The Mayor, with the advice and consent of the City Council, may also retain special counsel to advise or represent the City on special matters.
[Ord. No. 23 §4, 9-1-1995]
The City Attorney shall prosecute or defend any and all suits or actions at law or equity to which the City may be a party or in which it may be interested, or which may be brought against or by any officer of the City on behalf of the City or in the capacity of such persons as an officer of the City; provided however, that the Prosecutor shall prosecute all violations of traffic ordinances of the City and such other violations of City ordinances as the Council may provide; and further provided, nothing contained in this Section shall be deemed to preclude the defense of actions seeking to assess a monetary liability against the City by counsel selected and retained by the insurance carrier of the City or to request that the City Attorney prosecute or defend any particular suit or action at law or in equity referred to in this Section.
Advice. The City Attorney shall be the principal legal advisor of the City and shall render advice on all legal questions affecting the City whenever requested to do so by any City Officer. Upon request by the Mayor and Council he/she shall reduce any such opinion to writing.
Judgments. It shall be the duty of the City Attorney to see to the full enforcement of all judgments or decrees entered in favor of the City and all similar interlocutory orders.
Special assessments. It shall be the duty of the City Attorney to see to the completion of all special assessment proceedings and condemnation proceedings.
Legal questions affecting the City. It shall be the duty of the City Attorney to render advice on legal questions affecting the City and to prepare ordinances, resolutions, and prepare legal instruments whenever requested and to provide such other legal counsel and services as the Mayor or Council may from time to time specify on request.
Approval of legislation and contracts as to legal form. The City Attorney shall approve all contracts, ordinances and resolutions as to legal form prior to their passage and approval.
[Ord. No. 286 §5, 10-28-1996]
The City Attorney is authorized to defend on behalf of the City any and all of its officers and employees against any claims arising out of any act performed within the scope of official duties or reasonably believed to be lawfully on behalf of the City. The City shall indemnify its officers and employees to the extent permitted by law. Nothing herein shall be deemed to require the City to defend or indemnify any employee or officer that is found to have committed a willful violation of law or to have knowingly acted outside of any authority on behalf of the City. For purposes of this provision, officers shall include persons appointed to positions or other volunteers of the City to the extent such persons are covered by insurance.
[Ord. No. 23 §5, 9-1-1995]
It shall be the duty of the Prosecutor to prosecute all violations of the traffic ordinances of the City and such other violations of the Codes and ordinances of the City as the Council may authorize or direct.
[Ord. No. 23 §6, 9-1-1995]
All bonds required by law or ordinance to be submitted to and approved by the City Council shall first be submitted to the City Attorney who shall examine said bonds. If in his/her judgment the bonds are properly drawn and are legal and binding obligations, he/she shall endorse the same with his/her approval; if they are not, he/she shall endorse his/her disapproval thereon together with his/her reason therefor.
[Ord. No. 23 §7, 9-1-1995]
The City Attorney and the City Prosecutor shall be compensated either on an annual retainer basis and/or on a per hour of work basis, whichever is mutually agreed to by each officer and the City Council.