[R.O. 2011 §2-77; Ord. No. 3226 §2-77, 5-16-2011; Ord. No. 3373, 4-2-2018]
A. 
The Mayor, with the consent and approval of the majority of the members of the Board of Aldermen, shall appoint a suitable person as City Attorney.
B. 
The City Attorney shall hold office until his or her death, resignation or removal from office.
C. 
The City Attorney may employ an Assistant City Attorney at the expense of the City Attorney. Said Assistant City Attorney shall act in the absence of the City Attorney.
D. 
If the Mayor fails or is unable to appoint a suitable person as City Attorney a majority of the full Board of Aldermen may appoint a suitable person as City Attorney.
[R.O. 2011 §2-78; Code 1977 §21.310]
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.
[R.O. 2011 §2-79; Code 1977 §21.320]
A. 
The City Attorney shall, 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 ordinance 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.
B. 
It shall be the duty of the City Attorney to prosecute all persons charged with a violation of this Code or other ordinance of the City.
C. 
The City Attorney 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.
D. 
The City Attorney shall give his/her opinion to all City Officials.
[R.O. 2011 §2-80; Code 1977 §21.330]
A. 
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.
B. 
The City Attorney shall report to the Board of Aldermen the condition of any matters pending or unsettled in the City Municipal Court, or any other proceeding pending in any other court of which he/she may have charge under orders of the Mayor or Board of Aldermen.
[R.O. 2011 §2-81; Code 1977 §21.340]
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.
[R.O. 2011 §2-82; Ord. No. 2738 §1, 6-26-1989]
The City Attorney shall receive a monthly salary as compensation for his/her services in such an amount as determined and set by the Board of Aldermen, provided that in addition to the monthly compensation the City Attorney shall receive as compensation for his/her services in any case tried or argued in the Circuit Court, Appeals Court, Supreme Court, Federal Court, Federal Appeals Court, or before any State or Federal administrative agency, such hourly sums and expenses as determined and set by the Board of Aldermen.