(A) The Municipal Attorney is the municipality’s legal advisor, and as such he or she shall commence, prosecute and defend all suits on behalf of the municipality. When requested by the governing body, he or she shall attend meetings of the governing body and shall advise any municipal official in all matters of law in which the interests of the municipality may be involved. He or she shall draft such ordinances, bonds, contracts and other writings as may be required in the administration of the affairs of the municipality. He or she shall examine all bonds, contracts and documents on which the governing body will be required to act and attach thereto a brief statement in writing to all such instruments and documents as to whether or not the document is in legal and proper form. He or she shall also examine, when requested to do so by the governing body, the ordinance record and advise and assist the Municipal Clerk-Treasurer as much as may be necessary to the end that each procedural step will be taken in the passage of each ordinance to ensure that they will be valid and subsisting local laws in so far as their passage and approval are concerned.
(B) The Municipal Prosecutor shall prosecute complaints, attend and prosecute violations of the municipal ordinances when directed to do so by the governing body and shall in all events act as legal counsel for the Municipal Police Department.
(C) The office of Municipal Attorney and Municipal Prosecutor may be held by the same individual.
(D) The governing body shall have the right to compensate the Municipal Attorney and Municipal Prosecutor for legal services on such terms as the governing body and the Municipal Attorney and Municipal Prosecutor may agree, and to employ any additional legal assistance as may be necessary out of the funds of the municipality.
(Prior Code, § 1-208) (Ord. 641, passed 12-3-2002)
Statutory reference:
Similar provisions, see Neb. RS 17-610