[R.O. 2013 §2-146; Ord. No. 1.122 (Bill No. 1834) §6, 12-7-2000]
There is hereby created the Legal Department which shall consist
of the office of City Attorney and the office of City Prosecutor.
[R.O. 2013 §2-147; Ord. No. 1.122 (Bill No. 1834) §6, 12-7-2000]
It shall be the function of the Legal Department to prosecute
or defend any and all suits or actions of law or equity to which the
City may be a party or in which it may be interested, to provide legal
advice and consultation to all elected and appointed City Officials
and to prosecute all alleged violations of the traffic ordinances
of the City and such other violations of the codes and ordinances
of the City as authorized.
[R.O. 2013 §2-148; Ord. No. 1.179 (Bill No. 2393) §1, 5-20-2010]
The offices of City Attorney and City Prosecutor shall be filled
by an appointment of persons competent to carry out the duties of
said offices. Said appointments shall be made by the Mayor with the
advice and consent of the Council. Said appointments shall be for
an indefinite term. The City Attorney and the City Prosecutor may
be removed by the Mayor with the consent of a majority of all of the
members elected to the Council, or by a two-thirds (2/3) vote of all
of the members elected to the Council, independently of the Mayor's
approval or recommendation. The Mayor, with the advice and consent
of the Council, may also retain special counsel to advise or represent
the City on special matters.
[R.O. 2013 §2-149; Ord. No. 1.122 (Bill No. 1834) §6, 12-7-2000]
Compensation for the appointed City Attorney and the appointed
City Prosecutor shall be fixed by the City Council.
[R.O. 2013 §2-150; Ord. No. 1.122 (Bill No. 1834) §6, 12-7-2000]
A.
Generally. The City Attorney shall prosecute or
defend any and all suits or actions at law or equity to which the
City may be a party or in which it may be interested, or which may
be brought against or by any officer of the City on behalf of the
City or in the capacity of such person as an officer of the City;
provided however, that the prosecutor shall prosecute all violations
of traffic ordinances of the City and such other violations of City
ordinances as authorized; and further provided, nothing contained
in this Section shall be deemed to preclude the defense of actions
seeking to assert a monetary liability against the City by counsel
selected and retained by the insurance carrier of the City or to request
that the City Attorney prosecute or defend any particular suit or
action at law or in equity referred to in this Section.
B.
Advice. The City Attorney shall be the principal
legal advisor of the City and shall render advice on all legal questions
affecting the City whenever requested to do so by any City Officer.
Upon request by the Mayor, Council or City Administrator, the City
Attorney shall reduce any such opinion to writing.
C.
Judgments. It shall be the duty of the City Attorney
to see to the full enforcement of all judgments or decrees entered
in favor of the City and all similar interlocutory orders.
D.
Special Proceedings. It shall be the duty of the
City Attorney to see to the completion of all special assessment proceedings
and condemnation proceedings.
E.
Legal Questions. It shall be the duty of the City
Attorney to render advice on legal questions affecting the City and
to prepare ordinances, resolutions, and legal instruments whenever
requested to do so by any City Officer, and to provide such other
legal counsel and services as the Mayor, Council or City Administrator
may from time to time specify.
F.
Approval Of Legislation And Contracts As To Legal Form. The City Attorney shall approve all contracts, ordinances and resolutions
as to legal form prior to their passage and approval.
[R.O. 2013 §2-151; Ord. No. 1.122 (Bill No. 1834) §6, 12-7-2000]
It shall be the duty of the prosecutor to prosecute all violations
of the traffic ordinances of the City and such other violations of
the codes and ordinances of the City as authorized. The prosecutor
shall represent the City in all cases appealed from the Municipal
Court and such other duties required by State law or City ordinance.
[R.O. 2013 §2-152; Ord. No. 1.122 (Bill No. 1834) §6, 12-7-2000]
All bonds required by law or ordinance to be submitted to and
approved by the City Council shall first be submitted to the City
Attorney who shall examine said bonds. If in the judgment of the City
Attorney the bonds are properly drawn and are legal and binding obligations,
the City Attorney shall endorse the same as approved; if they are
not, the City Attorney shall endorse his/her disapproval thereon together
with the reasons therefore.
[R.O. 2013 §2-153; Ord. No. 1.122 (Bill No. 1834) §6, 12-7-2000]
The City Attorney and the City Prosecutor shall cooperate and
work together whenever required for the benefit of the City. In those
cases or situations where the duties of the office of City Attorney
and the office of the City Prosecutor overlap or are coextensive,
the duties of the City Prosecutor shall be subordinate to the duties
of the City Attorney, and the City Prosecutor shall act at the direction
of the City Attorney.
