The city attorney shall be appointed by the council and shall hold office at its pleasure, and his or her compensation shall be fixed by ordinance or resolution of the council. During the absence or temporary disability of the city attorney, the council may designate a qualified person to execute the functions of his or her office.
It shall be the duty of the city attorney to act as legal advisor of the council, and of any other officer of the city who requests his or her advice and he or she shall give such advice or opinion in writing when so requested. He or she shall prepare all ordinances, contracts, resolutions, bonds and written instruments which may be required of him or her by the council, and shall approve the same as to form, in writing.
When requested to do so by the council, he or she shall prosecute all criminal cases arising out of violations of this charter and ordinances of the city, and, when requested by the council, shall prosecute any or all misdemeanor offenses arising out of violation of the laws of the state. The city attorney may perform any of the functions of his or her office through any deputy, assistant or associate city attorney when such performance has been authorized by the council.
The city attorney shall attend to all suits, proceedings and matters in which the city is legally interested; provided, that the council shall have control of all litigation of the city and may employ other attorneys to take charge of any litigation or to assist the city attorney therein.
He or she shall report to the council all items of the city's business coming to his or her knowledge, and perform such other duties as are or shall be required of him or her by this charter or by the laws of this state and ordinances not in conflict with such charter.
All deputy and assistant city attorneys and all other professional employees of the city attorney's office shall serve at the pleasure of the city attorney and shall not be or become a part of the city's civil service system.
Editor's note: This section was amended by Assembly Concurrent Resolution No. 8, which was approved by the voters of the city at an election held November 8, 1966, by Senate Concurrent Resolution No. 92, approved by the voters of the city at a special municipal election held November 7, 1972, and by Senate Concurrent Resolution No. 111, approved by the voters of the city at a special municipal election held November 6, 1973. This section was further amended by the voters of the city on March 26, 1996.