[R.O. 2006 §115.350; CC 1985 §2-181; Ord. No. 23.31, 5-4-2023]
The Mayor, with the advice and consent of a majority of the
Board of Aldermen, shall appoint a suitable person or firm as City
Prosecutor who shall hold office at the pleasure of the Mayor and
Board of Aldermen. The City Attorney may also be appointed as City
Prosecutor. The City Prosecutor is responsible to and held accountable
by the Mayor and Board of Aldermen. Work is performed under general
supervision of the City Attorney.
[R.O. 2006 §115.360; CC 1985 §2-182; Ord. No. 23.01, 3-2-2023]
No person shall be appointed to the office of City Prosecutor
unless he/she be a licensed and practicing attorney at law in this
State.
[R.O. 2006 §115.370; Code 1975 §21.320(1) —
(3), (5); CC 1985 §2-183]
A. The
Prosecutor shall, in addition to his/her other duties which are or
may be required by this Code or other ordinances:
1. Prepare all charges or complaints against a party or parties charged
with violation of this Code or other ordinances of this City.
2. Prosecute all persons charged with the violation of this Code or
other ordinances of the City when the same is a contested case.
3. Prosecute or defend all criminal suits and actions originating or
pending in any court of this State to which the City is a party, or
in which the City is interested, when so ordered by the Mayor or Board
of Aldermen to do so; to make affidavits on behalf of the City in
all cases where the same may be necessary in case of appeal or change
of venue or any other matter necessary to properly forward the proceeding.
4. Report to the Board of Aldermen the condition of any matters pending
or unsettled in the Municipal Court, or any other proceeding pending
in any other court in which he/she may have charge under orders of
the Mayor or Board of Aldermen.
5. The City Prosecutor shall report to and be subject to the direction
of the City Attorney.
[R.O. 2006 §115.380; CC 1985 §2-184]
In the case of absence, sickness or other inability of the City
Prosecutor to attend court or other duties, he/she shall arrange that
some other licensed attorney act in his/her absence.