[Prior ordinance history: Ords. 74-90 and 77-521.]
[Ord. 80-267 § 1; prior code § 2.01-1]
There is created the legal department of the City to provide for the Mayor, the City Council and the City Administrator legal services required by and for the City.
[Ord. 2015-117 § 4; Ord. 82-618 § 1; Ord. 80-267 § 1; prior code § 2.01-2]
The general duties of the legal department shall be to:
A. 
Prosecute and Defend Suits. Appear for the City, prosecute and defend all causes in all the state, federal or municipal courts, and any administrative proceeding, in which the City is a party or interested;
B. 
Represent the City. When the interests of the City require, appear for the City before any other court or tribunal, and prosecute or defend all actions or proceedings in which the City may be a party or interested:
C. 
Prosecute and Defend. Prosecute or defend all actions and proceedings brought by or against any City officer in his official capacity or any City employee growing out of acts connected with his employment;
D. 
Giving Opinions. When requested, give an opinion in writing upon all questions of law submitted by the Mayor, the Council or City Administrator;
E. 
Drafts of Contracts, Forms, Etc. When requested, prepare drafts of contracts, forms, and other writings which may be required for use by the City;
F. 
Ordinances. Prepare such ordinances as the Council from time to time may direct and to examine and report in writing to the Council, whenever so requested, an opinion as to the validity of ordinances prior to their final passage by the Council;
G. 
Other Duties. Perform such other and further duties as are now or may hereafter be required of the legal department or the members thereof by Iowa Code, other ordinances of the City, or state or federal law;
H. 
Advise Mayor and Council. Advise the Mayor and Council, or any Council member, when requested by the City Administrator, the Mayor or Council member, upon all legal questions arising in the conduct of City business. The Mayor or any Council member shall have, when specifically requested, a confidential opinion or response concerning any legal question about City business;
I. 
Attend Council Meetings. The Corporation Counsel shall attend all City Council meetings for the purpose of giving the Council any legal advice requested;
J. 
Prepare Legal Instruments. Prepare for execution all contracts and instruments to which the City is a party and shall approve, as to form, all bonds and insurance required to be submitted to the City;
K. 
Prosecute Offenders. Prepare all charges and complaints against, and appear in the appropriate court in the prosecution of, every person charged with the violation of a City ordinance or any regulations adopted, or with the commission of a simple misdemeanor. In any prosecution for violation of any regulation adopted by any board or commission created under authority of the Council, the legal department shall act under the directions of such board or commission;
L. 
Settlement of Claims. May expend $50,000 or less to adjust, settle, purchase or compromise any or all causes of action, accounts, debts, claims, demands, disputes, and matters in favor of or against the City or in which the City is concerned as a debtor or creditor, now existing or which may hereafter arise. City Council consent is necessary for amounts in excess of $50,000.
M. 
Make Reports. Report the outcome of any litigation in which the City has an interest to the City Administrator and City Council;
N. 
Quarterly Report of Pending Litigation. Make quarterly reports to the City Administrator and City Council, from the first day of April, of all pending litigation in which the City has an interest and the condition thereof;
O. 
Control Legal Services Incidental to Council Action. Have charge of all legal services auxiliary to Council action in connection with the appropriating of property to public use and in the levying of assessments;
P. 
Keep Records of Suits. Keep a complete record of all suits in which the City had or has an interest, giving the names of the parties, the court where brought, the nature of the action, the disposition of the case, or its condition if pending, and the briefs of counsel.
[New; Ord. 80-267 § 1; prior code § 2.01-3]
The legal department of the City shall be composed of the Corporation Counsel, and such additional staff as shall be provided for in the annual budget.
[Ord. 2007-207 § 4; Ord. 80-267 § 1; prior code § 2.01-4]
Appointment of the Corporation Counsel shall be by recommendation of the City Administrator, with the approval of the Mayor and 2/3 vote of the City Council.
[Ord. 2007-207 § 5; New; Ord. 82-618 § 2; Ord. 80-267; prior code § 2.01-5]
A. 
There is created in the legal department of the City the office of Corporation Counsel which shall be filled by a competent attorney with broad experience in the general practice of law, and who shall be known as Corporation Counsel.
B. 
Corporation counsel shall be a full-time employee of the City and shall not engage in the private practice of law. Corporation counsel shall not engage in partisan politics and shall not be permitted to be politically active in the City and shall make no contribution to any candidate or political party in the City, but nothing in this section shall prevent Corporation Counsel from voting in any election or from contributing to a political party in or for elections which are not municipal elections.
C. 
The City Administrator, Mayor or any two Aldermen may recommend dismissal of the Corporation Counsel, which shall occur by vote of 2/3 of the City Council. A Corporation Counsel dismissed involuntarily shall be entitled to a name clearing hearing as required by Iowa Code section 372.15.
D. 
The compensation of Corporation Counsel shall be fixed by the City Administrator subject to the budget and approval of the City Council.
E. 
Corporation counsel provided in this chapter shall be responsible to the Mayor and Council and the City Administrator for the performance of the following duties:
1. 
To keep the City Administrator fully advised of the work being performed by the legal department;
2. 
To appear for the City, prosecute and defend all causes in all the state, federal or municipal courts in which the City is a party or interested;
3. 
To prosecute or defend all actions and proceedings brought by or against any City officer in his official capacity or any City employee growing out of acts connected with his employment;
4. 
To prepare drafts of contracts, forms and other writings which may be required for use by the City;
5. 
To prepare such ordinances as the Council from time to time may request or direct and to submit in writing to the Council whenever so requested an opinion as to the validity of ordinances prior to their passage by the Council;
6. 
Upon request, to render an opinion in writing upon all questions of law submitted by the Mayor, the Council, or by the City Administrator;
7. 
To attend all Council meetings and other meetings as directed by the City Administrator;
8. 
To supervise and direct the work of all staff attorneys and special attorneys employed by the City and the secretarial, clerical and paraprofessionals employed by the legal department;
9. 
To promptly account for all moneys received by the legal department and to pay the same into the finance director or his designee;
10. 
To submit a budget for the operation of the legal department upon request by the City Administrator;
11. 
To perform such other duties as are now or hereafter required of the legal department or members thereof by the Iowa Code, this ordinance, other ordinances of the City, or by requests of the Mayor and Council or City Administrator.
[Ord. 80-267; prior code § 2.01-6]
No person employed as Corporation Counsel or assistant Corporation Counsel, for a period of one year after termination of employment by the City, shall represent any person or entity in any matter in which the City, or any agency, commission or department, or the like, is directly or indirectly involved.
[Ord. 80-267; prior code § 2.01-7]
In any ordinance, regulation, statute, or the like, where reference is made to the City Attorney, such shall be held to refer to and apply to Corporation Counsel.