[CC 1990 § 2-151; Ord. No. 17 § 1, 6-1-1988]
There is hereby created the Department of Law which shall consist
of the office of City Attorney and the office of City Prosecutor.
[CC 1990 § 2-152; Ord. No. 17 § 2, 6-1-1988]
It shall be the function of the Department of Law to 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, 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 the City Council may authorize.
[CC 1990 § 2-153; Ord. No. 17 § 3, 6-1-1988]
The offices of City Attorney and City Prosecutor shall be filled
by appointment, made by the Mayor with the advice and consent of the
Council, of persons competent to carry out the duties of said offices.
Such appointments shall be for an indefinite term. The Attorney and
the Prosecutor may be removed from office by the Mayor with the advice
and consent of the Council or by a two-thirds (2/3) vote of all the
members elected to the Council, independently of the Mayor's
approval or recommendation. The Mayor, with the advice and consent
of the City Council, may also retain special counsel to advise or
represent the City on special matters.
[CC 1990 § 2-154; Ord. No. 17 § 4, 6-1-1988]
A.
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 persons
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 the Council may provide;
and further provided, nothing contained in this Section shall be deemed
to preclude the defense of actions seeking to assess 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.
1.
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 and Council, he/she shall reduce any such opinion to
writing.
2.
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.
3.
Special Assessments. It shall be the duty of the City Attorney
to see to the completion of all special assessment proceedings and
condemnation proceedings.
4.
Legal Questions Affecting The City. It shall be the duty of
the City Attorney to render advice on legal questions affecting the
City and to prepare ordinances, resolutions and do legal instruments
whenever requested and to provide such other legal counsel and services
as the Mayor or Council may from time to time specify.
5.
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.
[CC 1990 § 2-155; Ord. No. 17 § 5, 6-1-1988]
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 the Council may authorize
or direct.
[CC 1990 § 2-156; Ord. No. 17 § 6, 6-1-1988]
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 his/her judgment the
bonds are properly drawn and are legal and binding obligations, he/she
shall endorse the same with his/her approval; if they are not, he/she
shall endorse his/her disapproval thereon together with his/her reason
therefor.
[CC 1990 § 2-157; Ord. No. 17 § 7, 6-1-1988]
The City Attorney and the City Prosecutor shall be compensated
either on an annual-retainer basis or on a per hour of work basis,
whichever is mutually agreed to by each officer and the City Council.
