City of Fenton, MO
St. Louis County
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Table of Contents
Table of Contents
[R.O. 2006 §150.010; Ord. No. 1478 §1, 3-18-1991]
The office of the City Attorney shall be filled by a licensed and practicing attorney at law in the State of Missouri who shall be a least twenty-one (21) years of age to be appointed as hereinafter provided.
[R.O. 2006 §150.020; Ord. No. 1478 §1, 3-18-1991; Ord. No. 3031 §1, 5-28-2009; Ord. No. 3414 §2, 4-24-2014[1]]
The City Attorney shall be appointed by the Mayor with the consent and approval of the majority of the members of the Board of Aldermen. The City Attorney shall serve at the pleasure of the Mayor and Board of Aldermen.
[1]
Editor's Note: Section 1 of this ordinance also amended the title of this Article, which was formerly City Attorney and Assistant City Attorney.
[R.O. 2006 §150.030; Ord No. 1478 §1, 3-18-1991]
A. 
General Duties And Compensation.
1. 
The City Attorney shall advise the Mayor and/or the Board of Aldermen on all legal matters connected with their duties as such and shall attend all regular and special meetings of the Board of Aldermen each month unless excused by the Mayor.
2. 
The City Attorney shall advise the members of other boards, committees and commissions of the City on legal questions which may arise.
3. 
The City Attorney shall answer questions of City Officials.
4. 
The City Attorney shall draft bills for introduction to the Board of Aldermen upon the request of the members of the Board and/or the Mayor.
5. 
When directed by the Mayor and/or the Board of Aldermen, the City Attorney shall handle negotiations, discussions on contracts and correspondence relative to City matters; annexations; appearances in Court or before administrative commissions; handle all litigation of which the City is a party, except trial de novo and appeals thereon of municipal ordinance violations; handle condemnation proceedings; prepare, examine and approve all deeds, releases, easements, contracts, bonds and other legal documents relating to the City's affairs; and any and all other matters as directed by the Mayor and/or the Board of Aldermen.
B. 
Other Responsibilities.
1. 
Notwithstanding any other provision of this Section, the City Attorney shall be responsible for the prosecution and defense of all litigation brought by or against the City of Fenton.
2. 
It shall be the duty of the City Attorney to periodically report to the Board of Aldermen on the progress of all litigation.
3. 
Prior to filing any new suit in any court of record on behalf of the City of Fenton, the City Attorney shall report to the Mayor and the Board of Aldermen. The Board of Aldermen may, by vote of a majority thereof, prohibit the filing of any new suit by the City Attorney and the City Attorney shall abide by the decision of the Board of Aldermen.
[R.O. 2006 §150.040; Ord. No. 1478 §1, 3-18-1991; Ord. No. 3414 §1, 4-24-2014]
The office of Prosecuting Attorney shall be filled by a licensed and practicing attorney at law in the State of Missouri who shall be at least twenty-one (21) years of age to be appointed as hereinafter provided.
[R.O. 2006 §150.050; Ord. No. 1478 §1, 3-18-1991; Ord. No. 3031 §§1, 4, 5-28-2009; Ord. No. 3414 §§1, 4 4-24-2014]
The Prosecuting Attorney shall be appointed by the Mayor with the consent and approval of the majority of the members of the Board of Aldermen. The Prosecuting Attorney shall serve at the pleasure of the Mayor and Board of Aldermen.
[R.O. 2006 §150.060; Ord. No. 1478 §1, 3-18-1991; Ord. No. 3414 §1, 4-24-2014]
A. 
The Prosecuting Attorney shall act as Prosecuting Attorney for the City and shall prosecute all municipal ordinance violations in the City of Fenton Municipal Court, a Division of the 21st Judicial Circuit, State of Missouri.
B. 
The Prosecuting Attorney shall prosecute such applications for trial de novo and appeals thereon of municipal ordinance violations.
C. 
The Prosecuting Attorney shall periodically report to the Mayor and the Board of Aldermen on the status of all municipal ordinance violation prosecutions.
D. 
The Prosecuting Attorney shall perform all duties of the City Attorney when required to do so in the absence of the City Attorney and shall assist the City Attorney in the discharge of his/her duties when necessary.
[R.O. 2006 §150.080; Ord. No. 2721 §1, 2-23-2005; Ord. No. 3031 §3, 5-28-2009]
A. 
Appointment And Term. The Mayor may, with the consent and approval of a majority of the members of the Board of Aldermen, appoint Special Prosecuting Attorneys for the City of Fenton. The Special Prosecuting Attorneys shall serve at the pleasure of the Mayor and Board of Aldermen.
[Ord. No. 3414 §5, 4-24-2014]
B. 
Qualifications. The office of Special Prosecuting Attorney shall be filled by a practicing attorney at law licensed in the State of Missouri.
C. 
Duties. The Special Prosecuting Attorneys shall prosecute municipal ordinance violations in specific cases when the Assistant City Attorney is unavailable due to conflict, illness, excusable absence or other good cause. In such cases the Special Prosecuting Attorneys may prosecute in the Fenton Municipal Court, in the Circuit Court of St. Louis County for certified and trial de novo cases and may defend any appeals of convictions. The Special Prosecuting Attorneys shall periodically report to the Mayor and the Board of Aldermen on the status of all municipal ordinance violation prosecutions being prosecuted by the Special Prosecuting Attorneys.