[R.O. 2009 § 125.100; 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. 2009 § 125.110; 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. 2009 § 125.120; 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. 2009 § 125.130; 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. 2009 § 125.140; 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. 2009 § 125.150; 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. 2009 § 125.160; 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 and shall handle other matters
or dockets as directed by the Mayor and Board of Aldermen. 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.
[Ord. No.
3914, 3-28-2019]
