[CC 1985 §2-201; Comp. Ords. §3.04]
There shall be appointed by the Mayor, by and with the advice and consent of the Board of Aldermen, some suitable person who in addition to the qualifications prescribed by ordinance shall be licensed to practice law in the courts of the State as City Attorney and he/she shall hold his/her office for two (2) years and until his/her successor is appointed and qualified. The City Attorney shall take the oath and give the bond required by Section 115.050.
[CC 1985 §2-202; Comp. Ords. §3.04]
A.
It
shall be the duty of the City Attorney to:
1.
Prosecute all actions in behalf of the City and defend all actions
against any officer, servant or agent of the City on account of his/her
official acts;
2.
Attend to the prosecution of all cases in behalf of the City brought
before the Municipal Court;
3.
Prosecute or defend in any court of record any suit or action originating
there when required by the Mayor;
4.
Take an appeal or writ of error on behalf of the City, with consent
and approval of the Board of Aldermen, and make the necessary affidavits
therefor and execute the necessary bond in the name of the City;
5.
Attend in Appellate Courts to all appeals or writs of error in any
case originating before the Municipal Court;
6.
Advise the Board of Aldermen, their committees or any City Officer
on such legal questions as may arise in relation to the business of
the City;
7.
Draw up any bill or ordinance that he/she may be called upon to draw
by any committee of the Board of Aldermen;
8.
Give any committee of the Board of Aldermen his/her opinion in writing
upon any and all questions of law submitted to him/her;
9.
Personally attend any meeting of any committee of the Board of Aldermen,
when required by such committee.
[CC 1985 §2-203; Comp. Ords. §3.04]
The City Attorney shall report to the Board of Aldermen all
suits and judgments in favor or against the City, in any court of
record, which it is the duty of the City Attorney to prosecute or
defend. He/she shall make also quarterly reports to the Board of Aldermen
of all the unsatisfied judgments, their date and amount recovered
in favor of the City before the Municipal Court.
[CC 1985 §2-204; Comp. Ords. §3.04]
The City Attorney, in case of his/her temporary absence from
the City, sickness or inability to attend any court, may, with the
approbation of the Mayor, appoint some person to act in his/her stead,
for the occasion, in City cases. When the City Attorney, before assuming
his/her office, shall have been retained as counsel adverse to the
City in any case to which it is his/her duty to attend on behalf of
the City, he/she shall inform the Mayor thereof, who shall appoint
another person to represent the City in such case.
