(A) The Mayor with the advice and consent of the City Council shall appoint a City Attorney. The term of office of the City Attorney shall be coterminous with the term of the Mayor. The person appointed by the Mayor to the position of City Attorney shall be nominated solely on the basis of training, qualifications and experience. The City Attorney shall have a Juris Doctor degree and be a licensed attorney under the laws of the State of Illinois, authorized to practice in the Illinois Circuit and Appellate Courts and the Federal District Court for the Central District of Illinois. The City Attorney shall be a member in good standing with the Illinois State Bar Association. The City Council may enter into an agreement with the City Attorney that prescribes legal services to be performed, the compensation for such services and residency requirements equivalent to requirements that apply to employees of the municipality.
(B) It shall be the duty of the City Attorney to prosecute or defend in behalf of the city (when the services of an attorney are necessary) in all cases in which the interest of the city or the official acts of any officer or agent of the city are involved, except in local improvement matters. He shall pass upon all fee bills of officers and courts and the liability of the city therefor. He shall attend all City Council meetings, and, when required, advise the Council, or any city officers, in relation to all matters of law arising, in which the interests of said city are in question. He shall make reports concerning any suits as to which the city may be a party, whenever directed to do so by the Council.
(C) The City Attorney shall prepare and draft ordinances. He shall furnish opinions, orally or written, as requested by the Council, or any officer, board or department of the city government, on any legal question concerning the rights and liabilities of the city. He shall advise the officials of the city with reference to their duty. He shall draw contracts, bonds, or instruments in writing, in behalf of the city, or examine and approve the same when required by the Council, or the Mayor, so to do.
(D) It shall be his duty when his services are necessary, to prosecute any suit brought in the name of the city for the recovery of any penalty, or fine, for the violation of any of the laws or ordinances of the city. He shall cause execution to issue upon all judgments recovered in favor of the city, and shall direct the Chief of Police to attend to their prompt collection. He shall report to the Council, or the Mayor, all cases in which he shall deem it expedient to take an appeal or writ of error on behalf of the city, and the Mayor shall enter into such bonds, or other obligations as required, on the part of the city, under the corporation seal, and the sureties on said bond shall be indemnified by the city from all loss and damage. The City Clerk shall deliver to the City Attorney any bond or other paper necessary to be used in any suit or other proceeding, taking his receipt for same.
(E) The City Attorney may in case of temporary absence, or otherwise, being unable to attend to the duties of his office, with the consent of the Mayor, and at his own expense, appoint some competent attorney to act in his place. The Council may authorize the retaining of assistant counsel, when deemed expedient.
(F) The City Attorney shall have nothing to do with local improvement matters, and his duties shall not cover anything at all in connection with proceedings under the Local Improvement Act, either in the preparation of ordinances, or in connection with any of the steps necessary to be taken in connection with local improvement proceedings and in carrying the same to final completion, nor shall he appear in any court proceedings in connection with proceedings under the Local Improvement Act. Nothing herein shall be construed to prohibit his acceptance of special employment in local improvement matters.
(G) The City Attorney shall be paid such compensation as shall be fixed by ordinance.
('68 Code, § 2.26) (Am. Ord. 2003-5161-A, passed 6-3-2003)