[Ord. No. 8341 § 3, 1-3-2017]
A.
The City Attorney shall be selected as follows:
1.
Selection. He or she shall be appointed to his
or her position by the Mayor, subject to the approval of the City
Council, for a term as specified herein.
2.
Term Of Office. The City Attorney shall hold his
or her office for a period of two (2) years or until his or her successor
is duly elected or appointed and qualified, whichever occurs later.
If for any reason a City Attorney vacates his or her office, his or
her successor shall complete that term of office, even if the same
be for less than two (2) years.
3.
Qualifications For Office. The City Attorney shall
possess the following qualifications before he or she shall take office:
a.
He or she must be licensed attorney, qualified
to practice law within the State of Missouri;
b.
He or she must be a registered voter in the State
of Missouri;
c.
He or she need not reside within the City;
d.
He or she must be a resident of the State of Missouri;
e.
He or she must not be at the time of his or her
appointment in arrears for any unpaid City taxes, or forfeiture or
defalcation in office; and
f.
He or she may not hold any other office within
the City government.
[CC 1985 § 2-116]
The City Attorney shall receive as compensation for his or her
services the salary prescribed by the City Council; and in addition
thereto, he/she shall receive in each case in which the City is a
party in any court of record in the state or the United States, or
in any hearing before the Public Service Commission of the state,
or in any other case in which the City Attorney shall be directed
by the City Council or the Mayor to appear and represent the City,
a reasonable attorney's fee to be fixed by the City Council and
to be paid by the City; and provided that in each case appealed from
the Municipal Court to the circuit court of the county, the City Attorney
shall receive an additional fee to be taxed as costs in the case;
the attorney shall also receive as compensation for his or her services
in suits on back taxes a commission of ten percent (10%) of the amounts
actually collected and paid into the treasury, and in suits in collections
for back taxes against real estate, an additional fee for each suit
instituted where publication is not necessary, and a fee for each
suit instituted where publication is necessary, all such commissions
and fees to be taxed as costs in such suit and paid by the party paying
the taxes, and in no event shall the City be liable for the payment
of any of such commissions or fees.
[CC 1985 § 2-117]
The City Attorney shall receive no compensation for his or her
services other than that provided by this Article.
[CC 1985 § 2-118]
A.
The City Attorney shall prosecute all persons charged with
violating the ordinances of the City, and to that end, he/she shall
attend the Municipal Court daily and prosecute all complaints, suits
or proceedings that may be brought by the City therein or in which
the City may be interested.
B.
The City Attorney shall, if directed so to do by an order
of record of the City Council, attend to and prosecute on behalf of
the City all suits instituted for the collection of delinquent and
back taxes and all suits or proceedings brought to enforce payment
of any other tax, license or revenue whatsoever, due the City.
[CC 1985 § 2-119]
The City Attorney shall, without fee, give his or her opinion
to any officer of the City respecting his or her duties, or respecting
questions of law in which the City is interested, and such opinions
shall be in writing when so demanded by the City Council.
[CC 1985 § 2-120]
The City Attorney shall prosecute all appeals or writs of error
in causes originating in the Municipal Court, and shall make all necessary
affidavits therefor. He/she shall report to the City Council, in writing,
the condition of all suits pending in any court, which originated
in Municipal Court, at the next meeting of the City Council succeeding
the adjournment of the court in which the same is pending.
[CC 1985 § 2-121]
In case of sickness, absence from the City, interest of the
City Attorney in the proceedings adverse to the interests of the City,
or other temporary inability of the City Attorney to discharge the
duties of his or her office, he/she may, with the approval of the
Mayor and at his or her own expense, appoint some competent attorney
to act in his or her stead during such temporary inability, in any
proceedings pending before the municipal judge. If such appointment
is not made as aforesaid, then it shall be the duty of the municipal
judge to appoint some competent attorney to represent the City in
all cases before his or her court, pending such temporary inability
of the City Attorney to perform the same, and the person so appointed
shall possess the same powers and receive the same fees as the City
Attorney would receive if he/she were present and acting in the regular
discharge of his or her duties.
[CC 1985 § 2-122]
If the City Attorney shall be interested in, or a party to any
action brought by the City for the violation of any of its ordinances,
or shall have been employed as counsel in any such case, previous
to his or her election as City Attorney, he/she shall inform the Mayor
and City Council thereof, if the case be one which has been appealed
or by other means removed from the Municipal Court; and the Mayor
and City Council shall appoint some competent attorney at the expense
of the City Attorney to represent the City in such proceedings.
