[R.O. 2003 § 115.090; CC 1997 § 21.300]
The Mayor, with the advice and consent
of the Board of Aldermen, at the first 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.
[R.O. 2003 § 115.100; CC 1997 § 21.310]
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.
[R.O. 2003 § 115.110; CC 1997 § 21.320]
A. The City Attorney shall, in addition to
his/her other duties which are or may be required by this Code or
other ordinance, and 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.
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 same is 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 all City Officers, as requested, orally or written.
[R.O. 2003 § 115.120; CC 1997 § 21.330]
A. The City Attorney need not attend all meetings
of the Board of Aldermen unless requested by the Mayor or a 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
on any question of law, but not to decide upon any parliamentary rules
or to resolve any dispute over the propriety of proposed legislative
action.
B. The City Attorney shall report to the Board
of Aldermen the conditions of any matters pending or unsettled in
the City Municipal Court, or any other proceedings pending in any
other court, or otherwise, of which he/she may have charge under direction
of the Mayor, Board of Aldermen.
[R.O. 2003 § 115.130; CC 1997 § 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 any 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.
[R.O. 2003 § 115.140; CC 1997 § 21.350]
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.