[CC 1983 §21.400]
The Mayor, with the advice and consent of the Board of Aldermen,
at the first (1st) meeting after each annual City election shall appoint
a suitable person as City Attorney who shall hold office for one (1)
year, unless sooner removed from office, and until his/her successor
is appointed and qualified.
[CC 1983 §21.410]
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.
[CC 1983 §21.420]
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.
1.
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.
2.
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.
3.
The City Attorney shall give his/her opinion to all City Officials.
[CC 1983 §21.430; Ord. No. 98-01 §1, 1-22-1998]
A.
The
City Attorney shall attend all meetings of the Board of Aldermen upon
receiving notice from the Mayor and/or the City Administrator. The
Municipal Court Clerk, City Administrator, Mayor, Public Safety Director
and the Board of Aldermen acting as a Board and not individually,
may call upon the City Attorney for assistance with legal matters
pertaining to the City.
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.
[CC 1983 §21.440]
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.
[CC 1983 §21.450]
A.
The
City Attorney shall be allowed compensation such as from time to time
shall be fixed by the Board of Aldermen. The City Attorney shall not
receive compensation contingent upon the outcome of any case in the
Municipal Court.
B.
In
the event of a case in which the City is interested being tried in
any Circuit Court, Supreme Court or Court of Appeal, then the Board
of Aldermen shall allow the City Attorney the usual and customary
fees and necessary expenses allowed in like or similar cases.
