[1]
Charter Reference — Department of law, §§6.1,
6.2.
[R.O. 2008 §2-81; Ord. No. 807 §9(A), 7-25-1977; Ord. No. 5123 Exh. A, 2-22-2010]
There is hereby established a Department of Law. The Department of Law shall consist of the City Attorney and may include an Assistant City Attorney and such temporary or special counsel as may be appointed pursuant to Section 6.1 of the Charter.
[R.O. 2008 §2-82; Ord. No. 807 §9(A)(1 — 9), 7-25-1977]
A.
The City
Attorney shall act to protect the interests of the City and shall:
1.
Give advice. Advise the Mayor, the City Council or its committees
or any City Officials, when requested, upon all legal questions arising
on the conduct of City business.
2.
Prepare ordinances. Prepare or revise ordinances when so
requested by the City Administrator, Mayor or the City Council or
any committee thereof.
3.
Give opinions. Give his/her opinion upon any legal matter
or question submitted to him/her by the Mayor, City Council or any
of its committees or by the City Administrator.
4.
Attend meetings of the City Council. Attend all meetings
of the City Council in their entirety for the purpose of giving the
City Council any legal advice requested by its members.
5.
Prepare legal instruments. Prepare for execution all contracts
and instruments to which the City is a party and shall approve, as
to form, all bonds required to be submitted to the City.
6.
Defend officials. Defend any and all actions or proceedings,
civil or criminal, brought against the City or against any official
or employee of the City arising out of, or in connection with, the
performance of his/her duties as such official or employee if authorized
by the Mayor and City Council.
7.
Settlement of claims. Have the power with the approval of
the City Council to adjust, settle, compromise or submit to arbitration
any action, causes of action, accounts, debts, claims, demands, disputes
and matters in favor of or against the City in which the City is concerned
as debtor or creditor, now existing or which may hereafter arise.
He/she may settle all small claims up to one thousand dollars ($1,000.00)
without prior approval and report the same to the City Council.
8.
Make reports. Make reports as follows:
a.
Immediate report of decision. Immediately report the outcome
of any litigation in which the City has an interest to the City Administrator,
the Mayor and City Council.
b.
Annual report. Make an annual report to the City Administrator
and City Council of all legal matters in which the City has an interest
and the condition thereof.
9.
Records. Prepare and forward records as follows:
a.
Suits. Prepare and forward to the Mayor and City Administrator
a complete record of all suits in which the City had or has an interest,
giving the names of the parties, the court where brought, the nature
of the action, the disposition of the case or its condition if pending
and the briefs of counsel.
b.
Opinions. Prepare and forward to the City Administrator
a complete record of all written opinions furnished by him/her to
the City or any department or official thereof.
[R.O. 2008 §2-83; Ord. No. 807 §9(A)(10), 7-25-1977]
An Assistant City Attorney or special counsel shall serve as
the City Attorney in the absence of the City Attorney and, in addition
thereto, shall perform such duties as designated by the City Attorney.
