[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.