The City Clerk shall be appointed by the City Council and shall hold office for an indefinite term and may be removed by majority vote of the full membership of the City Council. The City Clerk shall be the Clerk of the City Council and shall perform such other duties as are prescribed by this Charter, the City Council or by law.
The City Clerk shall:
1.
Be the official custodian of all records and the official seal of the City.
2.
Receive, file, and index all books and papers as required by law or by the City Council.
3.
Upon request and payment therefor of a fee as prescribed by the City Council, make certified copies of all records and documents in his or her possession or under his or her control.
4.
Be the Registrar of Vital Statistics.
5.
Appoint the Deputy City Clerk and any other officers or employees of his or her office.
The Deputy City Clerk shall be appointed by the City Clerk. The Deputy City Clerk shall:
1.
Generally assist the City Clerk in the performance of his or her duties.
2.
Serve as Deputy Registrar of Vital Statistics.
3.
In case of absence, disability, or vacancy in the office of the City Clerk, perform all of the duties and exercise all of the powers of the City Clerk.
4.
Perform such other and related duties as may be prescribed by the City Council.
The City Manager may designate any officer or employee of the City to serve as Acting City Clerk in case of absence, temporary or otherwise, disability or vacancy in the office of City Clerk and the Deputy City Clerk is likewise not able to serve.
There shall be a City Attorney who shall be appointed by the City Council for an indefinite term, and may be removed by a majority vote of the full membership of the City Council. The City Attorney shall be an attorney and counselor of the State of at least three years standing. The City Attorney shall be and act as the attorney and counsel for the City Council, the City Manager, and all other departments, officers, boards, commissions, and agencies of the City. The City Attorney shall upon request, furnish them with a written opinion on any question of law involving their respective powers and duties. The City Attorney shall appear for and protect the rights of the City in all actions, suits, or proceedings brought by or against it or any department, officer, board, commission or agency. The City Attorney shall have power with the approval of the City Council to appeal from orders, decisions, or judgments in such cases, and to comprise and settle any claims by or against the City. The City Attorney shall prepare all local laws, ordinances, and resolutions, contracts, deeds and other instruments for the City except in such instances where special council has been retained to perform such duties and as otherwise provided by the Local Finance Law. Before the execution of any contract other than those prepared by special counsel, the City Attorney shall, at the expiration of term of office, deliver personally to his or her successor all records and files pertaining to the office, and the record or register of all suits or proceedings in which the City or any of its officers, departments, boards, commissions, or agencies may be a party and all the papers pertaining to such suits or proceedings.
The City Council may, upon the request of the City Attorney, employ bond counsel and other special counsel and experts at such compensation as may be authorized by the City Council to handle or assist the City Attorney in difficult and unusual, or specialized matters or proceedings in which the City is interested or in which the City is a party. The City Council may employ the City Attorney as special counsel to perform such duties in such matters aforesaid which are not within the scope of his or her normal or usual employment.
No civil action shall be maintained against the City for damages or injuries to person or property sustained in consequence of any street, highway, bridge, culvert, sidewalk, or crosswalk being out of repair, unsafe, dangerous, or obstructed, or in consequence of the existence of snow or ice thereon, unless it appears that written notice of the defective, unsafe, dangerous or obstructed condition, or of the existence of snow or ice, was actually given to the Director of Public Works and there was a failure or neglect within a reasonable time after the giving of such notice to repair or remove the defect, danger or obstruction complained of, or to cause the snow or ice to be removed, or the place otherwise made reasonably safe. The Director of Public Works shall keep an indexed record, in a separate book, of all the written notices which he shall receive of the existence of such defective, unsafe, dangerous or obstructed condition, or of such snow or ice, which record shall state the date of receipt of the notice, the nature and location of the condition stated to exist, and the name and address of the person from whom the notice is received. The record of notices shall be preserved for a period of five (5) years after the date it is received.