(A) Appointment. The City Attorney shall be appointed by, and serve, at the pleasure of the Mayor. He or she shall be a member in good standing of the Bar of the Supreme Court of Indiana and, when appointed, shall be a resident of Dearborn County, Indiana. He or she shall post bond as is required by statute subject to the expense thereof being paid by the city.
(B) Duties of City Attorney. The City Attorney shall have all the powers and duties of the Law Department head as set forth in I.C. 36-4-9-12 and shall:
(1) Advise Common Council. When requested, advise the Common Council, its committees, or any city officer, upon all legal questions arising in the conduct of city business.
(2) Prepare ordinances. Prepare or revise ordinances when requested by the Mayor or a majority of the Common Council.
(3) Give opinions. Give his or her opinion upon any legal matter or question submitted to him or her by the Common Council, any of its committees, or by any city officer.
(4) Attend Common Council meetings. Attend all Common Council meetings in their entirety for the purpose of giving the Common Council any legal advice requested by its members.
(5) Prepare legal instruments. Prepare for execution all contracts and instruments to which the city is a party and shall examine, as to form, all bonds required to be submitted to the city.
(6) Prosecute offenders. Prepare, when authorized by the Common council, all charges and complaints against, and appear in the appropriate court in the prosecution of, every person charged with the violation of a city ordinance or of any regulations adopted by the Common Council.
(7) Suits and actions. Prosecute or defend any and all suits or actions at law or equity to which the city may be a party, or in which it may be interested, or which may be brought against, or by, any officer of the city on behalf of the city or in the capacity of such person as an officer of the city.
(8) Settlement of claims. Adjust, settle, compromise or submit to arbitration, any action, causes of action, accounts, debts, claims, demands, dispute and matters in favor of or against the city or in which the city is concerned as debtor or creditor provided the money to settle claims generally has been appropriated and is available therefor.
(9) Report status of court cases. Immediately report the outcome of any litigation in which the city has an interest to the Mayor and Common Council. Annually report to the Mayor and Common Council as of the first day of January all pending litigation in which the city has an interest and the status thereof.
(10) Compensation. Receive for his or her services a retainer which shall be full compensation for all advisory services, the drafting of ordinances, contracts and other documents, and all services other than those rendered in connection with bond issues, or with litigation to which the city or its officers or employees in their official capacity may be parties. For any services not covered by the retainer, he or she shall receive such additional compensation as may be authorized by the City Council.
(`94 Code, § 30.17) (Ord. 5-1992, passed 6-15-92)