[CC 1999 §2-103; Ord. No. 2001-72 §3, 8-15-2001]
A.
To
qualify to serve as an elected City Attorney the person shall:
1.
Be licensed to practice law in the State of Missouri by the Missouri
Supreme Court, have their primary place of law practice located within
the City and be a resident of Livingston County, Missouri, or
2.
Be licensed to practice law in the State of Missouri by the Missouri
Supreme Court and be a resident of the City.
[Ord. No. 2008-75 §2, 10-13-2008]
The office of City Attorney is a part-time position and the
official may engage in the private practice of law. Because the office
is a part-time office and the City Attorney is not an employee of
the City, no employee benefits or full-time official benefits are
to be provided except that of retirement (e.g., LAGERS). The City
Attorney will be provided office space and office equipment at the
City Hall and reimbursement of actual reasonable out-of-pocket expenses
for the office, but the City Attorney will be required to provide
at his/her expense any secretarial assistance at his/her private office
and other expenses normally associated with being City Attorney.
[CC 1999 §2-104; Ord. No. 77-21 §1, 6-27-1977]
A.
The
duties that the City Attorney shall perform in the regular course
of City business shall include the following:
1.
Attend the regular meetings of the City Council and such other special
meetings of the City Council as requested.
2.
Represent the City and prosecute on behalf of the City in all matters
arising and coming before the Municipal Court.
3.
Research and draft all ordinances, resolutions and Council bills
as requested to do so by the City Council.
4.
Research and draft all necessary contracts, easements, agreements
and other instruments as requested by the City Council.
5.
Preparations of all necessary correspondence pertaining to the City
as required of the City Attorney in the regular business of the City.
6.
Provide written or oral opinions to any officer of the City or City
Council pertaining to the duties of their offices or the regular business
of the City.
7.
Provide general consultation upon all matters pertaining to the business
of the City to the Mayor, Council, City offices and department heads
at reasonable hours.
8.
Provide general consultation with the Chief of Police and City Police
Officers as necessary in the performance of their duties.
[CC 1999 §2-105; Ord. No. 77-21 §5, 6-27-1977]
In case of sickness, absence from the City or other inability
of the attorney to attend court or when before assuming office he/she
shall have been retained as counsel adversely to the City in any case
to which it is his/her duty to attend on behalf of the City, he/she
shall inform the Mayor thereof, who shall appoint with the consent
of the City Council another person to represent the City in such cases
during such temporary absence, sickness or inability.
[CC 1999 §2-107; Ord. No. 77-21, 6-27-1977]
The City Council retains the right to independently contract
with counsel if the need so arises and shall enter into a written
contract with such counsel for services as set forth in said contract.
[CC 1999 §2-108]
In addition to the duties herein provided, the City Attorney
shall perform such other duties as may be required of him/her by this
Code, City ordinance and the City Charter.
[CC 1999 §2-110; Ord. No. 2010-76 §6, 10-11-2010]
The City Attorney shall receive a salary as set by ordinance
by the City Council from time to time.
[CC 1999 §2-111; Ord. No. 86-34, 11-24-1986]
A.
There
is hereby created a "City of Chillicothe Legal Expense Fund" which
shall consist of monies appropriated to the fund by the City Council.
B.
Money
in the City of Chillicothe Legal Expense Fund shall be available for
the payment of any and all legal costs and expenses and any claim
or any amount required by any final judgment rendered by a court of
competent jurisdiction against:
1.
The City of Chillicothe, Missouri, or any board, commission or department
thereof pursuant to Section 537.600, RSMo.; and
2.
Any officer or employee of the City of Chillicothe, Missouri, or
any board, commission or department thereof, including, without limitation,
elected officials, members of City boards, commissions or departments
and members of the City Police upon conduct of such officer or employee
arising out of and performed in connection with his/her official duties
on behalf of the City or any board, commission or department thereof.
C.
All
payments shall be made from the Legal Expense Fund by the Mayor with
the approval of the City Council.
D.
In
the case of any claim or judgment that arises under Sections 537.600
and 537.610, RSMo., against the City of Chillicothe or any board,
commission or department thereof, the aggregate of payments from the
Legal Expense Fund and any policy of insurance procured by the City
shall be limited to a maximum of eight hundred thousand dollars ($800,000.00)
for all claims arising out of and judgment based upon the same act
or joined in a single cause and shall not exceed one hundred thousand
dollars ($100,000.00) for any one (1) claimant, together with all
legal costs and expenses of defense of any such claim or judgment.
No payment shall be made from the Legal Expense Fund until the benefits
provided to pay the claim from any other policy of liability insurance
has been exhausted.
[CC 1999 §2-112; Ord. No. 86-34, 11-24-1986]
A.
Any
investigation, defense, negotiation or compromise of any claim covered
by this Section shall be conducted by the City Attorney at the expense
of the City, provided that no compromise and settlement shall be entered
into in excess of one thousand dollars ($1,000.00) without the express
prior approval of the City Council.
B.
All
persons and entities protected by the Legal Expense Fund shall cooperate
with the attorneys conducting any investigation and preparing any
defense by assisting such attorneys in all respects including making
settlements, the securing and giving of evidence and the attending
and obtaining of witnesses to attend hearing and trials. Funds in
the Legal Expense Fund shall not be used to pay any claims and judgments
against those persons and entities who do not cooperate as required
by this Section.
[CC 1999 §2-113; Ord. No. 86-34, 11-24-1986]
A.
Nothing
in this Ordinance shall be construed to broaden the liability of the
City of Chillicothe beyond the provisions of Sections 537.600 —
537.610, RSMo., nor to abolish or waive any defense at law or equity
which might otherwise be available to any board, commission, department,
officer or employee of the City of Chillicothe.
B.
The
creation of this Legal Expense Fund and the payment therefrom of such
amounts as may be necessary for the benefit of any person covered
thereby are deemed necessary and proper public purposes for which
funds of the City may be expended.
