A. Office Established And Appointment: There is hereby established the office of the city attorney. The city attorney shall be licensed to practice law in the state. The city attorney shall be appointed by the city manager. Political considerations shall not be used in the selection or removal of the city attorney.
B. Powers And Duties: The powers and duties of the city attorney shall include, but are not limited to, the following:
1. The city attorney, under the direction of the city manager, shall be the full time legal advisor to the city and shall advise the city council and city manager or any department head or officer of the city on all legal matters in which the interests of the city are involved, including rendering legal opinions when requested and trying cases. The city attorney shall review all ordinances and resolutions required by the city council and shall attend all meetings of the city council, and other meetings when so directed by the city manager. All records, papers, files and other documents and materials prepared for the city or used by the city attorney while so employed by the city are the sole property of the city. The city attorney shall be employed in no other business, position or occupation whatsoever, or engage in the practice of law other than for the city; provided, however, that with the consent of the city manager, the city attorney may be permitted to engage in limited and temporary outside work where the same does not interfere with the duties of the position.
2. The city attorney shall be the head of the legal division and shall have supervision over all employees of the division and shall be responsible for the performance of their duties.
3. Any attorney other than the city attorney handling a matter on behalf of the city shall keep for each matter handled a record in which shall be noted all steps taken in such matter. Upon the completion of such matter or upon the termination of employment, the attorney shall forthwith turn over to the city attorney such record and all papers or documents belonging to the city or prepared in connection with the matter and a statement in writing giving such information as may be available with respect to the matter.
4. All attorneys representing the city shall provide quarterly status reports on all matters handled by them to the city attorney. The city attorney shall make quarterly reports to the city council and city manager of all actions being handled by all attorneys representing the city. Such status reports shall contain an update of each case, potential dollar amount demanded, the final settlement amount unless prohibited from disclosure by law, and the attorney assigned to each case.
5. The city attorney shall have settlement authority from zero dollars ($0.00) to five thousand dollars ($5,000.00). For claims that exceed five thousand dollars ($5,000.00), but do not exceed ten thousand dollars ($10,000.00), the city attorney shall recommend settlement to the city manager, who in turn, if in agreement, will authorize the city attorney to make settlement in that range. For claims that exceed ten thousand dollars ($10,000.00), but do not exceed fifteen thousand dollars ($15,000.00), the city attorney shall recommend settlement to the mayor and the city manager, who in turn, if they are in agreement, will authorize the city attorney to make settlement in that range. (Ord. M-26-07, 5-5-2008)