[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]
The Village Attorney shall draw such ordinances, deeds, leases,
bonds, contracts, notices or such instruments in writing as may be
required of him by the President and Board of Trustees or any committee
thereof, and he shall examine and pass upon the legality of any and
all papers 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 Attorney shall prosecute or defend in behalf of
the Village in all duly constituted courts all cases in which the
interests of the Village are involved.
[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.
