(A) Creation of position of Municipal Attorney. The position of Municipal Attorney for the city is hereby created.
(B) Requirements. The Municipal Attorney must be an attorney licensed by the state.
(C) Tenure and status. The Municipal Attorney is an appointed position and serves at the will of the City Council. The Municipal Attorney may be retained or employed. If retained, the Municipal Attorney is an independent contractor. If employed, either full or part-time, the Municipal Attorney is entitled to all benefits of employment. The Municipal Attorney is not an officer of the city, but serves as general counsel of the city.
(D) Duties. The Municipal Attorney is the legal advisor of the municipality; shall advise and represent the City Council; shall prosecute in the Municipal Court; shall appear in such courts and other legal tribunals as directed by the City Council; shall advise city officers as directed by the City Council; shall prosecute or defend suits affecting the city upon direction of the City Council; shall prepare ordinances, resolutions, motion, contracts, documents and all other legal writings directed by the City Council; and other duties, functions and actions as directed or required by law and/or the City Council.
(E) Assistant and special counsel. The City Council may appoint such other assistant or deputy municipal attorneys as it deems necessary. The City Council may retain such other legal counsel as it deems necessary for the legal representation of the city. In the event that the city, its employees, officers or appointees are defended by an insurance carrier, the insurance company’s attorney may represent the interest of the city under the policy and make all necessary court appearances. The Municipal Attorney shall supervise all assistant or deputy municipal attorneys. Special counsel retained by the city will coordinate all representation through the Municipal Attorney. The Municipal Attorney shall monitor all insurance representations and keep the City Council advised.
(F) Compensation. The Municipal Attorney, assistant or deputy municipal attorneys and all special counsel hired and/or retained by the city shall be compensated as determined by the City Council.
(Ord. 6-2006D, passed 4-6-2006)