[CC 1988 §6.010; Ord. No. 2016-18 §§ 2 — 3, 4-26-2016]
At the first (1st) meeting of the Board of Aldermen after the
City election each year, or as soon thereafter as practicable, the
Mayor with the consent of the Aldermen shall appoint some suitable
and competent person to the office of City Attorney and the office
of City Prosecutor, and the office of Municipal Judge and the person
so appointed shall hold his/her office for the period of one (1) year
and until his/her successor is appointed and qualified.
[CC 1988 §6.020]
No person shall be eligible to the office of City Attorney or
City Prosecutor who is not learned in the law and a licensed and practicing
attorney at the time of his/her appointment or shall, at the time
of his/her appointment, be in arrears for any unpaid City taxes or
guilty of forfeitures or defalcation in office.
[CC 1988 §6.030]
Before entering upon the discharge of his/her duties, the City
Attorney or City Prosecutor shall take and subscribe an oath or affirmation
before some court of record in the County or the City Clerk or Municipal
Judge that he/she possesses all the qualifications prescribed for
his/her office by law; that he/she supports the Constitution of the
United States and of the State of Missouri, the provisions of all
laws of the State affecting Cities of the Fourth Class and the ordinances
of the City of Eldon, and faithfully demean himself/herself in office,
which official oath shall be filed with the City Clerk.
[CC 1988 §6.045]
He/she shall prosecute or defend, as the case may be or require,
all civil suits in which the City may be interested, represent the
City in all matters of law, investigate all claims against the City,
and see that all bonds of all City Officers are in legal form and
properly executed. He/she shall attend to and prosecute on behalf
of the City all suits instituted for the collection of delinquent
and back taxes and for all suits or proceedings brought for the collection
or to enforce payment of any other taxes, license or revenue due the
City. In all cases, except as may be otherwise provided by law or
ordered by the Mayor and Board of Aldermen, he/she shall prosecute
all appeals or writs of error in suits in which the City is concerned
and shall make necessary affidavits therefore.
[CC 1988 §6.040; Ord.
No. 36-2019, 9-24-2019]
A.
He/she
shall prosecute all persons charged with violating the ordinances
of the City and to that end he/she shall attend the Municipal Court
and prosecute all complaints, suits or proceedings that may be brought
by the City therein or in which the City may be interested.
B.
In
the case the City Prosecutor is unable to perform his/her duties due
to unforeseen situations, such as illness, military deployment, or
a leave of absence of any duration, the Mayor will appoint a replacement
for the City Prosecutor until his/her duties can be resumed. A replacement
will be appointed by the Mayor, and approved by vote of the Board
of Aldermen.
[CC 1988 §6.050]
The City Attorney or City Prosecutor shall give his/her opinion
to an officer of the City respecting his/her duties or respecting
questions of law in which the City is interested, and such opinion
shall be in writing when so demanded by the Board of Aldermen.
[CC 1988 §6.060]
Whenever for any reason there is a vacancy in either office
provided for in this Chapter, the Mayor and Board of Aldermen may
by ordinance employ some competent attorney at law as to represent
the City and perform the duties which would otherwise be performed
by the City Attorney or City Prosecutor until such time as one is
appointed as provided by ordinance or until such time as the Mayor
and Board of Aldermen shall determine that the service of such attorney
is no longer needed. The attorney so employed shall receive such compensation
and fees as are provided by ordinance.
[CC 1988 §6.070]
Whenever in their judgment the same may be necessary, the Board
of Aldermen may by resolution, employ additional counsel in the prosecution
or defense of any suit or action at law or in equity brought by or
against the City; and the counsel so employed shall be entitled to
receive a reasonable fee for his/her or their services.
[CC 1988 §6.080]
No person, not employed as provided in this Chapter, shall receive
any fee or other compensation from the City for any legal services
rendered by him/her in any suit to which the City is a party.
