(a) In the event that the Director of Law has a conflict of interest under the Ohio Rules of Professional Conduct, or if the Director of Law determines that he or she cannot represent the Municipality or any officer, employee, department, board, or commission of the Municipality for any other reason, then the Assistant Law Director shall perform the duties of the Director of Law, and shall have all rights, privileges, and powers conferred upon the Director of Law by the Charter, Chapter 234, or any other applicable State laws or Municipal ordinances.
(b) If both the Director of Law and the Assistant Law Director have a conflict of interest under the Ohio Rules of Professional Conduct, or if one or more of the following circumstances arise: (i) both the Director of Law and the Assistant Law Director cannot represent the Municipality, or any officer, employee, department, board, or commission of the Municipality, due to illness, absence, or incapacity, or (ii) both the Director of Law and Assistant Director of Law determine that they cannot represent the Municipality, or any officer, employee, department, board or commission of the Municipality, for any other reason, then the Mayor may appoint outside legal counsel to represent the Municipality, or any officer, employee, department, board, or commission of the Municipality, subject to the approval of City Council. Such outside counsel shall report directly to the Mayor and/or to any officer, employee, department, board, or commission of the Municipality that may be designated by the Mayor. In this capacity, the Mayor or his designee shall review and approve all contracts, agreements, engagement or retention letters with outside counsel, and all billing statements or invoices of outside counsel, prior to payment.
(Ord. 35-2018. Passed 3-12-18.)