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(a) The Director of Law shall be the legal advisor, attorney and counselor for the City and all offices, departments, boards and commissions thereof in matters relating to their official duties. The Director of Law shall prepare all contracts, forms and other instruments in writing in which the City is concerned, and shall endorse on each his approval as to the form and correctness thereof. The Director shall attend all meetings of Council. The Director of Law may appoint such assistants or special counsel which in the Director’s discretion are necessary, with the approval of the Mayor. The Director of Law shall perform such other duties for the Municipality which may be imposed and requested by the ordinances or resolutions of Council.
(Ord. C21-66; Ord. C30-60.)
(b) When required to do so by resolution of Council, the Director shall prosecute or defend for and on behalf of the City on complaints, suits and controversies in which the City is a party, and such other suits, matters and controversies as directed by ordinance or resolution to prosecute or defend.
(c) The Director of Law shall have the power and authority to adjust, settle, compromise or submit to arbitration any actions, causes of action, accounts, debts, claims, demands, disputes and matters in favor of or against the City or in which the City is concerned as debtor or creditor now existing or which may hereafter arise. Upon being satisfied that funds of the Municipality or public moneys in the hands of the Director of Finance or belonging to the Municipality are about to be or have been misapplied, or that any public moneys have been illegally drawn or withheld from the treasury, or that a contract in contravention of law has been or is about to be entered into, or has been or is being executed, or that any property, real or personal, belonging to the Municipality, is being illegally used or occupied, or is being used or occupied in violation of contract, or that the terms of a contract made by or on behalf of the Municipality are being or have been violated, or that money is due the Municipality, the Director of Law shall apply by civil action, in the name of the Municipality, to a court of competent jurisdiction to restrain such contemplated misapplication of funds, or the completion of such illegal contract not fully completed or to recover for the use of the Municipality all public moneys so misapplied or illegally drawn or withheld from the treasury, or to recover for the benefit of the Municipality damages resulting from the execution of such illegal contract, or to recover for the benefit of the Municipality such real or personal property so used or occupied, or to recover, for the benefit of the Municipality, damages arising from the nonperformance of the terms of such contract, or to otherwise enforce it, or to recover such money due the Municipality. If the Director of Law fails, upon the written request of a taxpayer of the Municipality, to make the application or institute civil action, such taxpayer may make application or institute such civil action in the name of the Municipality; or, in any case wherein the Director of Law is authorized to make such application, bring any suit or institute any proceedings against any Municipal officer or person holding or having held a Municipal office, for misconduct in office, neglect of duty prescribed by law, to recover money illegally drawn or illegally withheld from the treasury, recover damages resulting from the execution of such illegal contract, and upon the written request of a taxpayer of the Municipality, bring such suit or institute such proceedings, shall fail, neglect or refuse so to do, or where for any reason the Director of Law cannot bring such action, or where the Director of Law has received and unlawfully withheld moneys belonging to the Municipality, or has received or drawn out of the treasury, public moneys which he is not lawfully entitled to demand and receive, a taxpayer, upon securing the costs, may bring such suit, or institute such proceedings, in the name of the Municipality, and such action shall be for the benefit of the Municipality as if brought by the Director of Law.
If the court hearing such case is satisfied that such taxpayer is entitled to the relief prayed for in his petition, and judgement is ordered in his favor, the taxpayer shall be allowed costs, including a reasonable compensation for an attorney representing the taxpayer in this action.
(Ord. C30-60; Ord. C22-08. Passed 3-17-08.)