[CC 1976 §2-176; Ord. No. 97-7 §15, 2-24-1997]
A. City Attorney. The Mayor, with the consent of the majority
of all members elected to the City Council, shall appoint a City Attorney
who shall have the duty to attend all meetings of the Council, prepare
ordinances and render legal advice to the Mayor and City Council as
shall be necessary in the ordinary conduct of City business. The City
Attorney shall also undertake any legal business on behalf of the
City as the Mayor or City Council requests, including, but not limited
to, representing the City of Overland, its agents, servants or employees,
boards or commissions, administrative agencies in litigation arising
out of municipal business, duties or employment; attending meetings
or hearings before agencies, boards or commissions of the City of
Overland and preparation of all legal documents and advice in connection
therewith; and representing the City of Overland or any of its agencies,
boards or commissions as participants in an intergovernmental undertaking.
The City Attorney may serve, as may become necessary, as the substitute
Prosecuting Attorney in the absence of the Prosecuting Attorney.
B. Prosecuting Attorney. The Mayor with the consent of a majority
of all members elected to the City Council, shall appoint a Prosecuting
Attorney who shall have the duty to represent the City of Overland
in its prosecution of all criminal matters and ordinance violations
in the Overland Municipal Court or in the St. Louis County Circuit
Court, and any Appellate Actions in the Missouri Court of Appeals,
Missouri Supreme Court or the United States Supreme Court. The Prosecuting
Attorney may serve, in the absence of the City Attorney, as substitute
City Attorney.
C. Qualifications Of City Attorney And Prosecuting Attorney. Both the City Attorney and the City Prosecuting Attorney shall be
licensed members of the Missouri Bar in good standing and duly authorized
to practice law in the Courts of the State of Missouri. For the performance
of the duties set forth above the City Attorney and the Prosecuting
Attorney may elect to substitute any member of a firm of attorneys
of which he/she is member, with approval of the Council.
D. Compensation Of City Attorney And Prosecuting Attorney. The
compensation of the City Attorney and Prosecuting Attorney shall be
set by the City Council in its annual budget which shall be confirmed
by contract between the Attorney and the City.