A. 
The Mayor, with the advice and consent of the Board of Aldermen, at the first meeting after each annual City election shall appoint a suitable person as City Attorney who shall hold office for one (1) year, unless sooner removed from office, and until his/her successor is appointed and qualified.
B. 
Qualifications. No person shall be appointed to the office of City Attorney unless he/she be a licensed and practicing attorney at law in this State.
[R.O. 1991 § 125.030; CC 1978 § 21.320]
A. 
The City Attorney shall, in addition to his/her other duties which are or may be required by this Code or other ordinance, prepare all charges or complaints against any party, or parties, charged with violation of this Code or other ordinance of the City, and when ordered by the Mayor or Board of Aldermen to do so, to prosecute or defend all suits and actions originating or pending in any court of this State, to which the City is a party, or in which the City is interested.
1. 
It shall be the duty of the City Attorney to prosecute all persons charged with a violation of this Code or other ordinance of the City, when the same is a contested case.
2. 
The City Attorney shall make, and he/she is hereby authorized and empowered to make, affidavits on behalf of the City in all cases where the same may be necessary in taking an appeal or change of venue or any other matter necessary to proper legal proceedings.
3. 
The City Attorney shall give his/her opinion to all City officials when requested.
[R.O. 1991 125.040; CC 1978 § 21.330; Ord. No. 17-1176, 8-8-2017]
A. 
The City Attorney shall attend all meetings of the Board of Aldermen unless excused by the Mayor or majority of the Board of Aldermen. Any member of the Board of Aldermen shall confer with the Mayor and other Aldermen before calling upon the City Attorney for an oral or written opinion to decide any question of law, but not to decide upon any parliamentary rules or to resolve any dispute over the propriety of proposed legislative action.
B. 
The City Attorney shall report to the Board of Aldermen the condition of any matters pending or unsettled in the City Municipal Court, or any other proceeding pending in any other court of which he/she may have charge under orders of the Mayor or Board of Aldermen.
[R.O. 1991 § 125.050; CC 1978 § 21.340]
In case of absence, sickness or other inability of the City Attorney to attend court, or when before assuming his/her official duties, he/she shall have been counsel adverse to the City, he/she shall inform the Mayor thereof, in writing, and the Mayor shall appoint some other attorney to represent the City in such cases, or during temporary absence, sickness or inability. Should the City Attorney fail, neglect, or refuse to give such notice, as above provided, and the interests of the City in case of such failure, neglect or refusal, need the immediate services of an attorney, then the Mayor may appoint some other attorney to attend to such cases, who shall receive the compensation allowed to the City Attorney for like services.
[R.O. 1990 § 125.060; CC 1978 § 21.350; Ord. No. 493 §§ 2 – 3, 5-3-1983]
A. 
The City shall pay to the City Attorney a monthly sum as from time to time shall be fixed by action of the Board of Aldermen, and such sum shall be reflected in the minutes of the Board of Aldermen.
1. 
The City Attorney shall, in consideration of the above-described monthly salary:
a. 
Attend one (1) regular Board meeting per month, and all special meetings held where his/her presence is required or requested.
b. 
Perform all functions and duties of City Attorney in the regular course of City business, said functions are:
(1) 
Drafting all ordinances, resolutions and bills.
(2) 
All necessary correspondence required by the City Attorney in the regular business of the City.
(3) 
Appear in all Municipal Court cases of the City of Vandalia where notified by the court and perfecting all appeals from the Municipal Court to the Circuit Court, but excluding trial on appeal.
(4) 
General consultation with the Board of Aldermen, Mayor, Judge, Chief of Police and City employees pertaining to regular City business at reasonable hours.
(5) 
Drafting necessary contracts, easements, and other instruments at the request of the Board or Mayor, not including the approval of title to land or surveying easements.
2. 
Attorney shall be compensated by the City at a rate as set by the Board of Aldermen from time to time for services performed outside of the City of Vandalia, in addition to mileage in driving his/her personal automobile; said hourly rate shall include travel time. Situations where this hourly rate would apply include the following:
a. 
Attendance of hearings, court proceedings, trials, depositions, etc., outside the City.
b. 
Searching deed and court records outside the City.
c. 
Meeting with boards of agencies outside the City.
d. 
Research necessary in out-of-town libraries for City business, with permission of the Board of Aldermen in advance.
3. 
The Attorney's fees as paid for monthly services as described in this Chapter shall not include services performed by the City Attorney in any major improvement projects or special projects not within the regular course of City business, such as water, sewer or electrical projects, or State administrative agencies, and magistrate, Circuit or State Appellate Courts, and additional fees for such services shall be negotiated between the City Attorney and the City prior to commencement of such work. Such limitation shall not include the work in Subsection (A)(2) of this Section.
4. 
In addition to the above compensation, the City Attorney shall be reimbursed for all long distance telephone calls, unusual postage, recording and court fees advanced, and any other unusual expenses paid for or advanced by the City Attorney in behalf of the City on City business other than usual office expense.