[CC 1974 §21.310; Ord. No. 5198, 7-7-2025]
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.
[CC 1974 §21.320; Ord. No. 2999 §§4 — 5, 1979; Ord. No. 5198, 7-7-2025]
A.
The City Attorney and/or Municipal Prosecutor may, 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 ordinances 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.
The City Attorney and/or Municipal Prosecutor 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.
2.
The City Attorney shall give his/her opinion to all City Officials.
3.
The City Attorney and/or Municipal Prosecutor shall appear on behalf of the City in all cases involving the violation of municipal ordinances that may be filed at the Municipal Court and shall be responsible for the trial of all contested cases in the Municipal Court when the City Attorney is of the opinion that his/her appearance is necessary.
4.
The City Attorney and/or Municipal Prosecutor shall work with the Chief of Police in efforts to continuously organize and improve the rules and regulations and guidelines by which the Police Department and Police Officers of the City operate.
5.
That the City may; at their choosing, hire one individual to perform the role of City Attorney and another individual to perform the role of Municipal Prosecutor.
[CC 1974 §21.330; Ord. No. 5198, 7-7-2025]
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 may at any time call 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.
[CC 1974 §21.340; Ord. No. 5198, 7-7-2025]
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.
[CC 1974 §21.350; Ord. No. 2999 §7, 1979; Ord. No. 5198, 7-7-2025]
A.
The City Attorney and/or Municipal Prosecutor shall be allowed monthly compensation such as from time to time shall be fixed by the Board of Aldermen. The City Attorney shall not receive compensation contingent upon the outcome of any case in the Municipal Court.
1.
In the event of a case in which the City is interested being tried in any Circuit Court, Supreme Court or Court of Appeal, then the Board of Aldermen shall allow the City Attorney the usual and customary fees and necessary expenses allowed in like or similar cases.
2.
Unusual services by the City Attorney, such as collections, issuance of bonds and issuance of special tax bills or other matters, shall be compensated separate and apart from the monthly salary.