City of Stockton, MO
Cedar County
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Table of Contents
Table of Contents
[CC 1979 §21.300]
The Mayor, with the advice and consent of the Board of Aldermen, at the first (1st) meeting after each annual City election shall appoint a suitable person as City Attorney who shall hold office for one (1) year, unless sooner removed from office, and until his/her successor is appointed and qualified.
Qualifications. No person shall be appointed to the office of City Attorney unless he/she be a licensed and practicing attorney at law in this State.
[CC 1979 §21.320]
The City Attorney shall, in addition to his/her other duties which are or may be required by this Code or other ordinance, when ordered by the Mayor or Board of Aldermen to do so, 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.
It shall be the duty of the City Attorney to prosecute all persons charged with a violation of this Code or other ordinance of the City in contested cases.
The City Attorney shall make, and he/she is hereby authorized and empowered to make, affidavits on behalf of the City in all cases where the same may be necessary in taking an appeal or change of venue or any other matter necessary to proper legal proceedings.
The City Attorney shall give his/her written opinion to City Officials only after being so requested by the Board of Aldermen.
[CC 1979 §21.330]
The City Attorney shall attend meetings of the Board of Aldermen unless excused by the Mayor or majority of the Board of Aldermen. Any member of the Board of Aldermen may at any time call upon the City Attorney for an oral or written opinion to decide any question of law relating directly to the City or its business, but not to decide upon any parliamentary rules or to resolve any dispute over the propriety of proposed legislative action.
The City Attorney shall report to the Board of Aldermen the condition of any matters pending or unsettled in the City Municipal Court or any other proceeding pending in any other court of which he/she may have charge under orders of the Mayor or Board of Aldermen.
[CC 1979 §21.340]
In case of absence, sickness or other inability of the City Attorney to attend court, or when, before assuming his/her official duties, he/she shall have been counsel adverse to the City, he/she shall inform the Mayor thereof, in writing, and the Mayor shall appoint some other attorney to represent the City in such cases or during temporary absence, sickness or inability. Should the City Attorney fail, neglect or refuse to give such notice, as above provided, and the interests of the City in case of such failure, neglect or refusal need the immediate services of an attorney, then the Mayor may appoint some other attorney to attend to such cases, who shall receive the compensation allowed to the City Attorney for like services.