A. Office Established; Appointment; Removal. There hereby is created the office of the Village Attorney, an executive office of the Village. The Village Attorney shall be appointed by the Village President with the advice and consent of the President and Board of Trustees and shall enjoy all of the emoluments of the office whether appointed and holding office as an independent contractor or as an employee. During his term, the Village Attorney shall receive such compensation as may be fixed by contract from time to time. The Village Attorney shall have direct communication with the Village Board and its members individually as well as with the other Village officials. The Village Attorney may be removed from office by the Village President on any written charge, whenever the Village President is of the opinion that the interests of the Village demand removal.
1. The Village President shall report the reasons for the removal to the President and Board of Trustees at a meeting to be held not less than five (5) nor more than ten (10) days after the removal.
2. If the Village President fails or refuses to place the item of "Consideration of the Report of Removal" upon the agenda of such meeting of the President and Board of Trustees and state the reasons for the removal in such report, or if the President and Board of Trustees by a two-thirds vote of all of the President and Board of Trustees authorized by law to be elected disapprove of the removal at such meeting, the Village Attorney thereupon shall be restored to office. The vote shall be by yeas and nays, which shall be entered into the Minutes of the meeting of the President and Board of Trustees. Upon restoration, the Village Attorney shall give a new bond and take a new oath of office. The Village Attorney may not be removed a second time for the same offense.
B. Duties. The Village Attorney shall be responsible for all legal matters pertaining to the Village. Upon request by the Village President, he shall render any given legal opinion in writing. From time to time, the Village Attorney may appoint additional counsel to represent or advise the Village on legal matters as Special Counsel. In the event such Special Counsel is so appointed, compensation shall be recommended by the Village Attorney. Examples of the duties of the Village Attorney follow:
1. The Village Attorney shall prosecute or cause to be prosecuted violations of any of the provisions of this code or other ordinances of the Village, including complaints of zoning and housing violations and shall advise and assist all Village officials or employees on questions of law involved in filing complaints making arrests and preparing for prosecutions. He shall prosecute or defend, as the case may be, administrative law actions and any and all suits or actions at law or in equity to which the Village may be a party, or in which it may be interested–including those brought against or by any officer of the Village in the capacity of such person as an officer or on behalf of the Village.
2. The Village Attorney shall be the legal advisor to the Boards and Commissioners of the Village, prepare all ordinances and resolutions, and render opinions on Village bond issues.
(Am. Ord. 691, passed 6-21-2011)