(A) The Town Attorney shall, at the time of his or her appointment, be a resident and qualified elector of the Town of Clayton, and member of the bar in good standing and admitted to the practice of law in the courts of the State of New Mexico.
(B) The Town Attorney shall attend the regular and special sessions of the Board of Trustees of the Town of Clayton; that at the request of the Board of Trustees he or she shall render his or her opinion upon legal questions pertinent to the affairs of the town; that upon application he or she shall advise any officer of the town with reference to the conduct of his or her office. For his or her services so rendered, he or she shall be paid the sum of $150 per month; for all additional services performed by the Town Attorney for the town, he or she shall be paid the reasonable value of the services so rendered.
(C) The Town Attorney shall represent the town as its Attorney in all suits and proceedings to which it is a party in the District Courts and the Supreme Court of New Mexico, and for services so rendered he or she shall be paid just and reasonable fees and compensation to be fixed by the Board of Trustees in each instance of service; provided, that whenever the Town Attorney, by reason of interest or other reason, is disqualified, or because of any disability should not be able to attend to the suit or proceeding, other counsel may be employed to represent the town.
(D) In addition to the salary provided for herein, the Town Attorney for each conviction of a breach of ordinance secured in the Justice Court on a plea of “not guilty” shall receive a fee of $5; when a plea of “guilty” is entered after the Attorney has entered his or her appearance in the case, a fee of $2, which fee shall in either case be assessed and collected as other costs are assessed and collected. The Town Attorney is hereby authorized and empowered to make or execute any bond or affidavit in the name of the Town of Clayton, signing the same as the Attorney for the town, that may be necessary in any suit or proceeding in which the town may be a party.
(E) The Town Attorney shall have the right to be heard upon all questions or motions before the Board of Trustees, amending, repealing or in any way affecting any ordinance in force or to be enacted by the Board of Trustees when the legality of the action or proposed action shall be called in question.
(Ord. 3, passed 6-3-1908; Am. Ord. 41, passed 11-1-1909; Am. Ord. 221, passed 11-9-1931; Am. Ord. 243, passed 6-18-1934; Am. Ord. 261, passed 8-24-1936; Am. Ord. 300, passed 6-10-1946; Am. Ord. 376, passed 5-14-1956)