[1943 Code, § 209.01]
There is hereby established a department of the municipal government of the Village, which shall be known as the law department, and shall include the Village Attorney and such assistant counsel as the President and Board of Trustees may from time to time deem necessary to employ.
[1943 Code, § 209.02]
There is hereby created the office of Village Attorney. He shall hold office for a term of one year and until his successor is appointed and qualified.
[1943 Code, § 209.02]
No person shall be eligible to the office of Village Attorney who is not a regular licensed attorney of the state.
[1943 Code, § 209.03; Ord. 88-8, 6-7-1988, § 1]
The Village Attorney shall be appointed by the Village Manager. Before entering upon the duties of his office, he shall take the oath prescribed by law for Village officers.
[1943 Code, § 209.04; Ord., 6-9-1953, § 1]
The Village Attorney shall attend all meetings of the President and Board of Trustees and shall, when required, advise them or any Village officer in all matters of law in which the interests of the Village are involved. He shall, when required by the President and Board of Trustees, or any committee thereof, furnish written opinions upon any subject submitted to him pertaining to the Village or its interests.
[1943 Code, § 209.04; Ord., 6-9-1953, § 1; Ord. 2001-2, 2-5-2001, § 1]
The Village Attorney, for his attendance at board meetings, the rendering of legal opinions, and for other requirements, shall receive compensation for his services as provided in the annual appropriation ordinance. In connection with public improvements, he shall also receive such other and further compensation as may be allowed by statute or set by resolution duly adopted by the President and Board of Trustees at or during the time the public improvement is contemplated or undertaken.
[1943 Code, § 209.05]
The Village Attorney is hereby charged with the prosecution of all actions for the violation of this Code and ordinances of the Village, and with the conduct of all such proceedings in duly constituted courts, or on appeal therefrom, when in his judgment the interests of the Village and the public shall require; and he shall prosecute any such case upon the written request of the President. He shall institute the appropriate action and prosecute the same in every case where there has been a violation of any provision of this Code or other ordinance of the Village, when instructed so to do by the President, the Board of Trustees or any committee thereof, and upon complaint of any person where in his judgment the public interest shall require prosecution.
[1943 Code, § 209.05]
The Village Attorney shall not be required to prosecute any suit or action arising under the provisions of this Code or other ordinances of the Village when, after investigation of the same, he shall become satisfied that the complaint was instituted maliciously or vexatiously and without probable cause; and he shall be authorized to discontinue such suit or proceeding upon such terms as may be just and equitable.
[1943 Code, § 209.06]
The Village Clerk shall furnish the Village Attorney with certified copies of any ordinance, bond or other papers in his keeping, necessary to be filed in any suit or proceeding. The Village Attorney shall cause execution to be issued upon all judgments recovered in favor of the Village and attend to the prompt collection thereof. He shall examine all fee bills of officers of the courts and certify to the correctness of the same and the liability of the Village thereof.
[1943 Code, § 209.07]
An appeal may be taken by the Village Attorney from the judgment of any duly constituted court in any case when, in his opinion, the public interest shall so require; but no appeal or writ of error shall be taken to the appellate or the supreme courts by the Village Attorney in behalf of the Village unless the same shall be authorized by the President and the Board of Trustees.
[1943 Code, § 209.08]
Upon the expiration of his term of office or resignation or removal therefrom, the Village Attorney shall forthwith turn over to his successor in office all deeds, leases, papers and books in his hands belonging to the Village or appertaining to his office, together with a statement showing what action, if any, has been taken in any litigation pending wherein the Village is a party, and giving such information as he may possess with respect to evidence or witnesses in such litigation.
[1943 Code, § 209.09; Ord., 3-17-1952, § 1]
All surety bonds required by law or any provision of this Code, or other ordinance of the Village to be submitted to and approved by the Board of Trustees shall first be submitted to the Village Attorney, and it shall be his duty to examine such bonds, and if in his judgment the same are properly drawn and are legal and binding obligations, he shall endorse the same with his approval; and if not, he shall endorse his disapproval thereon, together with his reasons therefor; provided, however, that the bond of the Village Attorney shall not require the approval of the Village Attorney, but shall be approved by the Board of Trustees.
[1943 Code, § 209.10; Ord., 3-17-1952, § 3]
No surety bond shall be submitted to the President and Board of Trustees until the same has been approved by the Village Attorney and the finance committee as provided in Section 2-58 of this article and Section 2-108 of this chapter and their findings have been endorsed thereon; provided, however, that the bond of the Village Attorney shall not require the approval of the finance committee nor of the Village Attorney, but shall be approved by the President and Board of Trustees.