[CC 1982 §§21.320 — 21.350]
A.
The
Mayor, with the advice and consent of the Board of Aldermen, at the
first (1st) meeting after the City election at which a Mayor is elected
shall appoint a suitable person as City Attorney who shall hold office
until his/her successor is appointed and qualified.
B.
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.
C.
Duties Generally. 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, to 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.
1.
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
when the same be a contested case.
2.
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.
3.
The City Attorney shall give his/her opinion to the Mayor, the Board
of Aldermen and (when directed to do so by the Board of Aldermen)
to other City Officials.
D.
Report To Board Of Aldermen. The City Attorney shall attend
all 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, but not to decide upon any
parliamentary rules or to resolve any dispute over the propriety of
proposed legislative action.
1.
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.
E.
Temporary Absence — Acting City Attorney. 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.
F.
Compensation. The City Attorney shall be allowed compensation
such as from time to time shall be fixed by the Board of Aldermen.
The City Attorney shall not receive compensation contingent upon the
outcome of any case in the Municipal Court.