[R.O. 1996 § 115.170; Code 1985,
§ 21.300; CC 1990 § 2-156]
The Mayor, with the advice and consent
of the Board of Aldermen, shall appoint a City Attorney and City Prosecutor,
who shall hold office at the pleasure of the Mayor and Board of Aldermen.
[R.O. 1996 § 115.180; Code 1985,
§ 21.310; CC 1990 § 2-157]
No person shall be appointed to the
office of City Attorney or City Prosecutor unless he/she is a licensed
and practicing attorney-at-law in this State and no firm shall be
appointed to the office of City Attorney unless all members of that
firm are licensed and practicing attorneys-at-law in this State.
[R.O. 1996 § 115.190; Code 1985,
§ 21.320; CC 1990 § 2-158; Ord. No. 2017, 2-23-2009]
A.
The City Attorney and City Prosecutor shall,
in addition to his/her other duties which are or may be required by
this Code or other ordinance:
1.
City Attorney.
a.
Prosecute or defend all 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 proceedings.
b.
Shall attend all meetings of the
Board of Aldermen unless excused by the Mayor or majority of the Board
of Aldermen.
c.
To 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.
d.
Act as the legal counselor and advisor
of the Board of Aldermen and other City Officials, as designated by
the Board of Aldermen, on all matters relating to their official powers,
duties and functions.
e.
As needed, prepare, review and approve
all contracts, deeds, documents and instruments prior to the execution
thereof or on behalf of the City, its departments and agencies. The
City Attorney shall indicate in writing his/her disapproval as to
form upon any document reviewed and disapproved.
f.
Render legal opinions upon any question
of law submitted by the Mayor, Board of Aldermen, City Administrator
or his/her assistants and designees or the heads of all departments,
agencies, boards and commissions. Keep a complete record of all written
opinions issued by the City Attorney.
g.
Prepare or review all ordinances
and resolutions as requested by the Mayor, Board of Aldermen or City
Administrator. The City Attorney shall advise the Mayor, Board of
Aldermen, City Administrator and other staff as to the form and sufficiency
of all ordinances or resolutions having the effect of an ordinance
prior to their adoption. Prior to action on an ordinance or a resolution
having the effect of an ordinance, the City Attorney shall indicate
in writing any ordinance that they have disapproved and the reasons
therefor.
