[Ord. No. 12-038 §1, 11-5-2012]
The Legal Department shall consist of the City Attorney and
may include a City Prosecutor, support staff and such temporary or
special counsel as may be engaged from time to time. The City Attorney
and Prosecutor shall be appointed by the Mayor with the approval of
the Board of Aldermen for an indefinite term. The City Attorney and
Prosecutor may be removed from office, for cause, by the Mayor with
the approval of the Board of Aldermen. No such person(s) shall be
appointed or employed unless he/she is, and remains, duly licensed
to practice law in the State of Missouri by the Supreme Court of the
State of Missouri.
[Ord. No. 12-038 §1, 11-5-2012]
A. The
City Attorney shall act to protect the interests of the City and shall:
1. Give advice. Advise the Mayor, the Board of Aldermen
or its committees or any City Officials, when requested, upon all
legal questions arising on the conduct of City business.
2. Prepare ordinances and legislation. Prepare or revise
ordinances and/or resolutions when so requested by the Board of Aldermen
or any committee thereof.
3. Give opinions. Give his/her opinion upon any legal
matter or question submitted to him/her by the Mayor, Board of Aldermen
or any of its committees or by the City Administrator.
4. Attend meetings of the Board of Aldermen. Attend
all meetings of the Board of Aldermen in their entirety for the purpose
of giving the Board of Aldermen 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 the Board of Aldermen.
7. Settlement of claims. Have the power, with the approval
of the Board of Aldermen, 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) with the approval of the City Administrator
and report the same to the Board of Aldermen.
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 Board of Aldermen.
b. Annual report. Make an annual report to the City
Administrator, the Mayor and Board of Aldermen 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.
10. Collect monies and fees due City. Demand and receive
all monies and fees owing to the City whenever any person is indebted
to the City in any manner.
11. Payments of money from special trust funds. Payout
to the persons duly entitled thereto, with the approval of the Board
of Aldermen, any money paid into the Treasury pursuant to condemnation
proceedings or for the redemption of property sold for taxes or arising
from special assessments for public improvements, park fund certificates,
condemnation fund certificates and all special trust funds.
[Ord. No. 12-038 §1, 11-5-2012]
A. A City
Prosecutor, if the position is filled, shall serve as the City Attorney
in his/her absence and, in addition thereto, shall:
1. Perform designated duties. Perform such duties as
designated by the City Attorney.
2. Prosecute offenders. Prepare all charges and complaints
against, and shall appeal in the appropriate court in the prosecution
of, every person charged with the violation of a City ordinance or
of any regulations adopted under authority of the Code of Ordinances
of the City of Ozark. In any prosecution for violation of any ordinance
or regulation adopted by the Board of Aldermen or any board or commission
created under authority of the Code of Ordinances, the Prosecuting
Attorney shall act under the direction of such board or commission,
subject to such paramount control as is given to the Board of Aldermen
by the State Constitution or Statute.