[CC 1987 §125.010; Ord. No. 538 §1.a, 11-18-1974]
There is hereby created the office of City Attorney of the City
of Hayti, Missouri.
[CC 1987 §125.020; Ord. No. 538 §1.b, 11-18-1974]
The Mayor shall, by and with the consent and advice of the Board
of Aldermen, appoint the City Attorney at the first (1st) meeting
of the Board of Aldermen in May of each year. He/she shall hold his/her
office from the date of his/her appointment until his/her successor
is appointed and qualified.
[CC 1987 §125.030; Ord. No. 538 §1.c, 11-18-1974]
The City Attorney shall be a person learned in the law, licensed
as an attorney at law in the State of Missouri and enrolled as such
and at least twenty-five (25) years of age.
[CC 1987 §125.040; Ord. No. 538 §1.d, 11-18-1974]
A.
The City
Attorney shall perform the following duties:
1.
It shall
be the duty of the City Attorney to prosecute all violations of the
City ordinances in the Municipal Court and to that end he/she shall
attend the Municipal Court sessions and see that all complaints are
properly made out;
2.
The
City Attorney shall prosecute and defend on behalf of the City all
actions by or against the City and in such cases as the Mayor or the
Board of Aldermen shall deem to be to the best interest of the City;
3.
The
City Attorney shall represent the City in all cases brought in the
Circuit Court and cases brought by appeal from the Municipal Court
or otherwise, and in all cases in the Courts of Appeal and the Supreme
Court of Missouri;
4.
The
City Attorney shall draft all ordinances of the City and all contracts
relating to the business of the City and all legal forms to be used
in the business of the City and shall perform such other duties as
shall be prescribed by ordinance from time to time;
5.
In any
complaint made before the Municipal Judge, except when made by an
officer of the City in the discharge of his/her duty, the City Attorney
may, as in his/her judgment the best interest of the City demand it,
require the complainant or the party at whose instance the complaint
is made to give security for costs to be approved by the Municipal
Judge before proceeding further with the cause;
6.
When
any complaint has been filed and whenever the City Attorney has knowledge,
information or belief that any ordinance has been violated, it shall
be his/her duty to prepare and file with the Municipal Judge a statement
or information containing the title of the case, the name of the complainant,
and shall clearly state the cause of action or charge against the
defendant.
[CC 1987 §125.050; Ord. No. 538 §1.e, 11-18-1974]
The City Attorney may be a non-resident of the City of Hayti
and need not be a registered voter of the City of Hayti.
[CC 1987 §125.060; Ord. No. 538 §1.f, 11-18-1974]
The City Attorney may be removed from office as provided by
law for the removal of officers of a City of the Fourth Class.
[CC 1987 §125.070; Ord. No. 92 Ch. 3 §52, 8-14-1930]
Whenever the City Attorney shall be unable to attend any court
by reason of temporary absence, sickness or other reason, he/she may,
with the consent of the Mayor, appoint someone to act in his/her stead
during his/her absence or disability.
[CC 1987 §125.080; Ord. No. 92 Ch. 3 §53, 8-14-1930]
If at any time the Mayor and Board of Aldermen shall deem it
necessary, they may employ additional counsel by ordinance and shall
pay such counsel reasonable compensation for any such legal services
demanded by the City.
