[R.O. 1997 § 115.400; 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 Prosecuting Attorney.
[R.O. 1997 § 115.410; 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.
[R.O. 1997 § 115.420; Ord. No. 23 § 3, 9-1-1995]
The offices of City Attorney and
Prosecuting Attorney 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 Prosecuting Attorney 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.
[R.O. 1997 § 115.430; Ord. No. 23 § 4, 9-1-1995]
A.
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 Prosecuting Attorney 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.
1.
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.
2.
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.
3.
Special Assessments. It shall be
the duty of the City Attorney to see to the completion of all special
assessment proceedings and condemnation proceedings.
4.
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.
5.
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.
[R.O. 1997 § 115.435; 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.
[R.O. 1997 § 115.440; Ord. No. 23 § 5, 9-1-1995]
It shall be the duty of the Prosecuting
Attorney 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.
[R.O. 1997 § 115.450; 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.
[R.O. 1997 § 115.460; Ord. No. 23 § 7, 9-1-1995]
The City Attorney and the Prosecuting
Attorney 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.
