City of Higginsville, MO Article V City Attorney/City Prosecutor [1]

[1] Cross References—Appointment of city attorney, §110.040; as to city prosecutor's duties, §135.170.

Section 105.180 Qualifications.

[R.O. 2009 §105.310; CC 1976 §2-245; R.O. 1954 §69; Ord. No. 1193 §1, 10-1-1984; Ord. No. 1822 §1, 5-3-1999]

No person shall be appointed as City Attorney or City Prosecutor unless and until he/she be an attorney-at-law in good standing and entitled by license to practice his/her profession in all courts of the State of Missouri.

Section 105.190 Duties of City Attorney.

[R.O. 2009 §105.320; CC 1976 §2-246; R.O. 1954 §69; Ord. No. 1194 §1, 10-1-1984; Ord. No. 1311 §1, 1-19-1987; Ord. No. 1822 §1, 5-3-1999; Ord. No. 2068 §§1—2, 5-3-2004]

A. The duties of the City Attorney shall include both regular duties and special duties which shall be defined as follows:

1. Regular duties. Regular duties shall be defined to specifically include those matters as set forth below:

a. Attend any regular or special meeting of the Board of Aldermen ("Board") as directed by City Officials and advise the Board on any question of law that may arise during the course of such meeting;

b. Review and approval of all ordinances, documents and other writings which are necessary to prepare and conduct the routine affairs of the Board's meetings;

c. Provide oral legal advice to officials of the City as may be necessary and specifically requested by such officials in the conduct of routine business of the Board;

d. Conduct legal research as directed by the City Administrator for routine issues.

As used herein, the term "regular duties" shall not include representation of the City of Higginsville, Missouri ("City") in any litigation or administrative law proceeding before any City, State or Federal court, agency, board or commission.

2. Special duties. Anything that does not fall within the specific delineated categories of regular duties as set out in Subsection (1) of this Section 105.190 shall be categorized as special duties.

3. The City Attorney shall not have any responsibility or duty to prosecute violations of City ordinance in the absence of the City Prosecutor for the City and the City Attorney shall not have any duty or responsibility to advise the Police Department, members of the Police, or other personnel of the Police Department of the City with respect to the violation of any City ordinance, investigation of any accident or other matters. Notwithstanding, the foregoing is not intended to limit the regular duties of the City Attorney under Subsection (1) of this Section 105.190 to advise the Board of Aldermen and the Mayor regarding their general duties and responsibilities.

Section 105.200 Compensation.

[R.O. 2009 §105.330; CC 1976 §2-247; R.O. 1954 §104; Ord. No. 611 §1, 2-7-1972; Ord. No. 838 §1, 2-7-1977; Ord. No. 924 §1, 1-18-1978; Ord. No. 964 §1, 1-15-1979; Ord. No. 1014 §1, 1-21-1980; Ord. No. 1110 §1, 1-4-1982; Ord. No. 1199 §1, 10-15-1984; Ord. No. 1322 §1, 5-18-1987; Ord. No. 1385 §1, 6-27-1988; Ord. No. 1421 §1, 3-6-1989; Ord. No. 1688 §§1—2, 6-17-1996; Ord. No. 1822 §1, 5-3-1999; Ord. No. 2068 §§1—2, 5-3-2004; Ord. No. 2098 §§1—2, 12-6-2004; Ord. No. 2175 §1, 5-1-2006; Ord. No. 2306 §1, 9-2-2008; Ord. No. 2433 §§1—2, 5-16-2011; Ord. No. 2963, 9-6-2022]

A. The City Attorney shall receive compensation for the services provided under Section 105.190 as follows:

1. City Attorney — Compensation. For all regular and special duties, the City Attorney shall receive an hourly fee of one hundred twenty-five dollars ($125.00), payable monthly.

2. City Prosecutor — Compensation. For all regular duties, the City Prosecutor shall receive an hourly fee of one hundred twenty-five dollars ($125.00), payable monthly.

Section 105.210 Additional Counsel.

[R.O. 2009 §105.340; CC 1976 §2-249; R.O. 1954 §69; Ord. No. 1192 §2, 10-1-1984]

Whenever it shall be necessary to obtain additional counsel the Board of Aldermen shall employ such additional attorneys as they may deem necessary.