(A) Until the Council shall determine by ordinance or resolution that a Department of Law shall be established, the Council may provide for legal counsel to be provided to the Municipality pursuant to a contract, executed by the Mayor on behalf of the Municipality, with an attorney or firm of attorneys licensed to practice law in Ohio. Except as otherwise provided in this Charter, such legal counsel shall have the same powers and duties as directors of law for general statutory plan cities under the general laws of Ohio.
(B) The Council may establish a Department of Law by ordinance or resolution. The Department of Law shall be under the supervision, direction and control of the Director of Law, who shall be appointed by the Mayor, subject to approval by motion of the Council by a majority vote of its members. The Director of Law shall serve at the pleasure of the Mayor and Council and may be removed, without cause, by (i) the Mayor upon Council's approval by a majority vote of its members, or (ii) by a vote of at least five members of the Council without the consent of the Mayor.
(C) The Director of Law need not be an elector or resident of the Municipality, but shall be an attorney-at-law duly authorized to practice law in the State of Ohio. The Director of Law shall not hold any other public office without the consent of the Council (given by a majority vote), except he or shall may hold office in a political party or be a delegate to a political party convention, serve as a notary public, serve as a member or officer in the military reserve or national guard, serve in any office, position or capacity to further intergovernmental cooperation, and may hold any office permitted by this Charter or the laws of Ohio.
(D) The Director of Law shall be the legal advisor, prosecuting attorney and counsel for the Municipality, and subject to the direction of Council, shall represent the Municipality in all proceedings in Court or before any administrative board or body. The Director of Law shall perform all other powers, duties and functions now or hereafter imposed on directors of law under the laws of Ohio; and shall perform other duties as required by this Charter, by ordinance or resolution, or as directed by the Mayor.
(E) The Council may provide for assistants and special counsel to the Director of Law. All assistants shall be appointed by the Director of Law. The assistants shall be responsible to the Director of Law and when authorized, may exercise all or any part of the powers, duties and functions granted to the Director of Law under this Section. Special counsel may be engaged by the Director of Law or the Council.
(F) The Director of Law or other legal counsel to the Municipality shall not be required to serve as legal counsel to any school district.
(G) In the event of a vacancy in the office of Director of Law, a successor shall be appointed in the same manner as provided in Division (B) of this Section in the case of an original appointment. The Director of Law shall designate, by a writing filed with the Clerk of Council, a qualified person to serve as Acting Director of Law in the event of his or her temporary absence or disability and, in the event of a vacancy, until the vacancy is filled as provided in this Division. The Acting Director of Law shall exercise the powers, duties and functions of the Director of Law under this Charter.
(Amended 11-2-10)
(Amended 11-2-10)