[R.O. 2009 §2-216; Code 1969 §2-31]
The City Attorney, City Prosecutor and Public Defender shall
be appointed by the Mayor with the consent of the majority of the
members of the Board of Aldermen and shall hold office during the
pleasure of the Mayor and Board of Aldermen.
[R.O. 2009 §2-217; Code 1969 §2-32; Ord. No. 3275 §1, 5-3-1993]
A. The
City Attorney shall be a person who has been admitted to practice
law in the State and a qualified voter under the laws and Constitution
of the State. The duties which the City Attorney shall perform shall
consist of:
1. Attendance at all meetings of the Board of Aldermen;
2. Advising the various City Officials upon legal questions pertaining
to municipal affairs;
3. Preparation and drafting of all ordinances, easements, contracts,
bonds, deeds of the City and other legal papers relating to the affairs
of the City;
4. Except as specifically provided in Section
115.250, the prosecution or defense of litigation involving the City in any court of this State, whether not of record or of record, including pretrial preparation and investigation and legal research, as well as appellate procedures;
5. Appearing before the Public Service Commission or other similar bodies
on municipal affairs;
6. Traveling out of the City on municipal business or affairs;
7. The performance of such other duties of a legal nature as may be
directed by motion duly passed and approved by the Board of Aldermen;
8. Make recommendations, from time to time, to the Board of Aldermen
for revising and modernizing this Code and its provisions;
9. Perform the duties charged to the City Prosecutor under this Article
whenever the City Prosecutor is temporarily absent or unable to perform
his/her duties;
10. Perform such other duties of a legal nature as may be directed by
motion duly passed by the Board of Aldermen; and
11. Perform such additional duties as are prescribed by the Mayor and
the Board of Aldermen.
[R.O. 2009 §2-218; Code 1969 §2-33]
The reasonable expenses of the City Attorney incurred in the
performance of any of the duties specified in this Article shall be
paid by the City. It shall be the duty of the City Attorney, as far
as it is reasonably possible, to apprise the members of the Board
of Aldermen of the nature and amount of such expenses in advance of
their incurrence. If the Board of Aldermen shall desire the undertaking
of some legal work which the Board of Aldermen shall deem extraordinary
and not reasonably within the scope or contemplation of such duties,
the Mayor shall designate, with the approval of the Board of Aldermen,
an attorney to perform such work and the Board of Aldermen shall establish
a reasonable fee to be paid for such legal services.
[R.O. 2009 §2-219; Code 1969 §2-34]
A. The
City Prosecutor shall be a person who has been admitted to practice
law in the State, a resident of the City and a qualified voter under
the laws and Constitution of the State, this Code or other ordinances
of the City. The duties which the City Prosecutor shall perform shall
consist of:
1. Supervision of the preparation of all complaints, dockets, affidavits
and recognizances, transcripts and other papers arising out of any
case in the Municipal Court;
2. Attendance at and prosecution of all violations of this Code or other
City ordinances of the Municipal Court;
3. Preparation for trial of Municipal Court matters, including advising
Police Officers relative to Municipal Court matters;
4. Perform such additional duties as the Mayor and the Board of Aldermen
may prescribe;
5. Perform the duties charged to the City Attorney under this Article
whenever the City Attorney is temporarily absent or unable to perform
his/her duties.
[R.O. 2009 §2-220; Code 1969 §2-36; Ord. No. 4084 §1, 8-20-2007]
The Public Defender shall be a person who has been admitted
to practice law in the State, a resident of the City and a qualified
voter under the laws and Constitution of the State, this Code and
other ordinances of the City. The duties which the Public Defender
shall perform shall consist of defending persons in the Municipal
Court, where it has been determined by the judge of that court that
the defendant is without means to retain counsel and that justice
requires that such defendant be represented by counsel.