[Ord. No. 3026, 11-15-2010]
A. There is hereby established the position of City Attorney and the
position of City Prosecutor. Both of these positions shall be considered
independent contractors and neither shall be considered an employee
of the City of Malden, Missouri. Such individuals who occupy these
positions shall not be entitled to receive health insurance, LAGERS
benefits, or any other fringe benefits typically available to municipal
employees. They will not be covered by workers compensation and nor
will Social Security taxes be withheld from or employment security
taxes be paid on their financial compensation.
B. The responsibility of the City Attorney shall be as directed by the
Mayor, City Administrator and City Council, and shall include, but
will not be limited to, attendance at meetings of the City Council
at least on a monthly basis, and attendance at meetings of the Board
of Public Works, the Airport Board, and the Park Board as needed and
necessary for the efficient operation of those Boards. The City Attorney
shall also be responsible for answering general correspondence involving
questions of law which may be directed to the City or any of its boards
as well as to provide general advice to the Mayor, City Administrator,
City Council, and the various boards as is from time to time necessary
for their efficient and legal operation. The City Attorney shall be
available by telephone at reasonable times and will communicate by
e-mail as needed with the Mayor, City Administrator, City Clerk and
the directors of the various boards within the city of Malden, Missouri.
The compensation for the position of City Attorney shall be as set
by the Council from time to time. The term of the City Attorney shall
be for one (1) year and shall begin on January 1 and conclude on December
31 of each year. The term will renew for successive one-year periods
unless terminated by either party upon ten (10) days' notice.
[Ord. No. 3123, 7-18-2016]
C. The responsibility of the City Prosecutor shall include, but not
necessarily be limited to, the preparation for and attendance at two
(2) Municipal Court sessions per month and to attend, as necessary,
sessions in the Circuit Court of Dunklin County, Missouri, for the
prosecution of ordinance violations which have been, for whatever
reason, removed from the Municipal Court to the Circuit Court. The
City Prosecutor shall be available at all reasonable times to communicate
with the Chief of Police, Code Enforcement Officer, Humane Officer
and any other law enforcement officer of the City to give advice concerning
criminal investigations and criminal prosecutions as well as general
information concerning the enforcement of municipal ordinances and
state statutes. The City Prosecutor shall also communicate on a regular
basis with the Municipal Judge and with the Municipal Court Clerk
as to the general policies and procedures of the Municipal Court system
and methods and mechanisms so that it will operate in the most efficient
and economic manner possible. If requested, the City Prosecutor shall
inform the Mayor, City Administrator and City Clerk of the general
operations of the Municipal Court, and information necessary for the
establishment of a budget for the annual operation of the Municipal
Court. The compensation for the position of City Prosecutor shall
be as set by the Council from time to time. The term of the City Prosecutor
shall be for one (1) year and shall begin on January 1 and conclude
on December 31 of each year. The term shall renew for successive one-year
periods unless terminated by either party upon ten (10) days' notice.