[Code 1961 §5.06(a); CC 1983 §2-167]
There is hereby created the office of City Counselor.
[Code 1961 §5.06(b); CC 1983 §2-168]
The Mayor shall, by and with the consent and advice of the Council,
appoint the City Counselor who shall be a person learned in the law,
licensed as an attorney-at-law in this State, and enrolled as such,
and at least twenty-five (25) years of age. He/she shall hold his/her
office for one (1) year from the date of his/her appointment and until
his/her successor is appointed and qualified.
[Code 1961 § 5.06(c); CC 1983 §2-169]
A. The
City Counselor shall:
1. Represent the City in all cases brought in the Circuit Court, and
cases brought by appeal from the Municipal Court, except cases involving
violations of municipal ordinances, which shall be handled by the
City Attorney, or otherwise, and in all cases in the Courts of Appeal
and the State Supreme Court. In all cases in which changes of venue
may be taken to some County other than this County, it shall be his/her
duty to follow, prosecute or defend, as the case may be, and for all
such cases in addition to the salary allowed, he/she shall receive
his/her expenses thereby incurred.
2. Draft all ordinances of the City and all contracts relating to the
business of the City, and all legal forms to be used in the business
of the City, and perform such other duties as shall be prescribed
by ordinance from time to time.
3. When any case is taken to a Court of Appeals or the Supreme Court
by appeal or writ of error, represent the City in such cases in such
courts, and make out and cause to be printed at the expense of the
City all necessary bills of exceptions, transcripts, abstracts of
record, briefs, and, if necessary, appear in court in person; and
he/she shall be allowed the necessary traveling expenses, to be audited
and paid as other claims are audited and paid by the Council.
4. Take all appeals or writs of error on behalf of the City from the
Circuit Court to a Court of Appeals or the Supreme Court, as the case
may be, and make the necessary affidavit therefor, and execute the
necessary bonds in the name of the City.