[1]
Cross References — Municipal court, ch. 130; duty of prosecuting attorney, §130.150.
[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.