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Codified Ordinances of Napoleon, OH
Codified Ordinances of the City of Napoleon, Ohio
CERTIFICATION
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES
CHARTER OF THE CITY OF NAPOLEON, OHIO
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
CHAPTER 135
Department of Law
135.01   Department of Law established.
135.02   Duties and functions of Law Director in Civil Division.
135.03   Duties and functions of Law Director in Criminal Division.
135.04   Appointment and qualifications.
135.05   Salary, benefits and other compensation.
135.06   Special counsel.
135.07   Legal intern.
135.08   References to Law Director.
135.09   Acting City Law Director.
135.10   Assistants to Law Director.
135.11   Authority to carry firearms.
CROSS REFERENCES
      Department of Law - see CHTR. 5.04
      Statutory powers and duties - see Ohio R.C. 733.51 et seq.
   135.01 DEPARTMENT OF LAW ESTABLISHED.
   (a)   Establishment. The Department of Law, in and for the City is hereby established.
   (b)   Direction and Control. The Department of Law shall be under the direction and control of a City Law Director and he or she shall be the appointing authority in the Law Department, having the sole power and authority to appoint and suspend all Assistant Law Directors or department heads within the Department. The Law Director upon giving prior notice to Council and to the Mayor may remove an Assistant Law Director or department head within the Department, subject to any applicable civil service law if such person is in the classified service, and subject to any Charter provision. The Law Director shall have the sole power and authority to appoint, suspend or remove all other employees within the Department, subject to any applicable civil service law if such person is in the classified service, without prior notice to Council. The Law Director may delegate any or all power and authority he or she possesses to his or her Assistant Law Director or a subordinate department head. The Law Director may prescribe and assign duties associated with his or her position to any employee in the Department of Law. If a conflict should arise concerning any assigned duty or duties of the Law Director and such conflict can not be resolved by permitting a subordinate within the Department to handle the task, then the Law Director shall request Council to assign his or her duty or duties to another officer in the City with respect to such matter and Council is empowered to do so. In the event that the task requires a person to be an Ohio licensed attorney, special counsel may be appointed by the Law Director or Council.
   (c)   General Powers and Duties. The Law Director shall have those powers and perform those duties customarily held and performed by law directors, solicitors, prosecutors and city attorneys of cities under the laws of Ohio; being the chief legal advisor to the City. The Law Director shall generally manage and oversee the operations of subordinate departments under the Department of Law, including the prescribing of general rules and regulations therefor. the law director shall be the contracting authority for the Department of Law and therefore, shall award and execute contracts for the department of law.
   (d)    Restrictions. The Law Director shall not, but his or her assistants may, with the Law Director's written consent, privately serve as legal counsel to any school district, including the City's school district, county, township, or other municipality or political subdivision. The Law Director or any assistant thereto, shall not, through the City's Law Department, serve as legal counsel for any of the entities herebefore mentioned, except by consent of the Council; and then, only pursuant to a contract between the entity and the City that is approved by Council, with any compensation under such contract for such services being paid into the municipal treasury. For the purpose of this section "privately" means, when not otherwise providing a service through the City's Department of Law.
   (e)    Divisions. The Department of Law shall be comprised of one (1) Law Director and any number of assistants approved for hiring but of two (2) separate and distinct divisions: a Civil Division and Criminal Division, both divisions under the direction and control of the Law Director.
   (f)    Independent Judgment. The office of Law Director shall be an independent office free to render independent and sound legal decisions.
   (g)   Criminal Traffic Defined. For all purposes of this chapter, "criminal and traffic" shall include, but not be limited to, all criminal, traffic, parking and other matters and proceedings arising from or relating to the violation, or alleged violation, of any law, rule, regulation, order, ordinance, resolution, code, statute or other action, including all ancillary proceedings arising therefrom or relating thereto.
(Ord. 34-01. Passed 5-7-01.)
 
   135.02 DUTIES AND FUNCTIONS OF LAW DIRECTOR IN CIVIL DIVISION.
   The Law Director shall be the chief officer of the Civil Division of the Department of Law. The duties and functions of the Law Director shall be as follows:
   (a)   To provide legal advice and counsel on all civil matters in which the City is concerned for Council and for all commissions, departments and offices thereof in matters relating to their official duties.
   (b)   To provide in writing all ordinances, resolutions and other legislation which the body of Council may request.
   (c)   To prepare all contracts and other written instruments in which the City may be concerned and which the City Manager, City Finance Director, and/or the body of Council may request.
   (d)   To render opinions, either verbally or in writing, to inquiries by officers of the City who entertain doubts concerning the law in any matter before them relating to their official duties.
   (e)    To review all ordinances and resolutions before enactment and publication for legal accuracy and sufficiency.
   (f)   To review and approve all contracts and agreements as to form and correctness.
   (g)    To review bonds issued to the City.
   (h)   To attend and participate in Council meetings, with no voting right, unless otherwise excused.
   (i)   To recommend to Council a standard schedule of pay for each office and position in the City service (Civil Division) under the Law Director's control, including minimum, intermediate, and maximum rates.
   (j)   To perform all other duties and functions concerning civil matters imposed upon city solicitors, city attorneys or city law directors by the laws of the State of Ohio, except the following: there shall be no duty or function to be, or serve as, the legal advisor or attorney for the board of education of any school district or to perform the same or similar services for the board of education of any school district as required of the County Prosecuting Attorney for other boards of education of any county, except as provided for in Section 135.01(d).
      (Ord. 34-01. Passed 5-7-01.)
   135.03 DUTIES AND FUNCTIONS OF LAW DIRECTOR IN CRIMINAL DIVISION.
   The Law Director shall be the chief officer of the Criminal and Traffic Division of the Department of Law. The duties and functions of the Law Director shall be as follows:
   (a)   To prosecute all cases brought before the Municipal Court for criminal and traffic offenses occurring within the City, and to perform the same duties, as far as they are applicable thereto, as required of the County Prosecuting Attorney.
   (b)   To prosecute all cases brought before the Municipal Court for criminal and traffic offenses occurring in the unincorporated areas within the territory of such Court, when required by law or contract, and to perform the same duties, as far as they are applicable thereto, as required of the County Prosecuting Attorney.
   (c)   To recommend to Council a standard schedule of pay for each office and position in the City service (Criminal Division) under the Law Director’s control, including minimum, intermediate, and maximum rates.
   (d)   To perform all other duties and functions concerning criminal and traffic matters imposed upon city solicitors, city attorneys or city law directors by the laws of the State of Ohio.
      (Ord. 34-01. Passed 5-7-01.)
   135.04 APPOINTMENT AND QUALIFICATIONS.
   (a)   At Will Employee. The Law Director shall serve at the pleasure of Council and may be suspended or removed by Council at any time, with or without cause, by a two-thirds (2/3) affirmative vote of the current members of Council. Any vote to remove the Law Director may be by motion of Council, regardless if appointment was made by ordinance or resolution.
   (b)   Appointment Based on Qualifications. The Law Director of the Department of Law shall be appointed by Council based solely on qualifications required for the respective department after consideration of the Personnel Committee's recommendation.
            
   (c)   License and Residency Requirements. The Law Director and each assistant, if any, shall be an attorney-at-law admitted and licensed to practice law in the State of Ohio. The Law Director shall have and establish residence as provided for in Section 197.06. The Law Director need not be an elector of the City until such time as residency is required.
   (d)   The duties and functions of the Law Director are full time; nevertheless, the Law Director and/or any assistant thereto, may engage in any other practice of law, provided however, that it does not materially affect the operations of the City.
(Ord. 49-05. Passed 5-2-05.)
   135.05 SALARY, BENEFITS AND OTHER COMPENSATION.
   (a)   The salary and other benefits of the Law Director and the assistants, if any, shall be established by Council. Additional compensation may be provided for services in prosecuting, defending or otherwise participating in traffic, any criminal or civil complaint, controversy, suit, proceeding or other matter in which the City is a party, or in which the City is concerned, and for services which require the Law Director's presence outside the City, all such additional compensation to be established by Council at the time the services are undertaken.
   (b)   Any salary, benefits or other compensation for services rendered by the Law Director or any assistant thereto, paid by the Board of Commissioners of Henry County, Ohio for services performed in accordance with Ohio R.C. 1901.34 shall be paid directly to the City Treasury; moreover, any City contracted services performed by the Law Department shall be paid directly to the Treasury of the City.
   (c)   Any licensing required for the position of Law Director or Assistant Law Director will be paid by the City; the City shall pay all program fees to meet the minimum continuing legal education requirement mandated by the Supreme Court of Ohio, provided that all such programs shall be in the fields of municipal law, criminal law or traffic law, or other fields related to the office of the Law Director. Further, dues and expenses for belonging to any professional organization that will directly or indirectly benefit the City will be paid for by the City, subject to availability of funds. (Ord. 34-01. Passed 5-7-01.)
   135.06 SPECIAL COUNSEL.
   (a)   The Law Director is authorized to appoint special counsel whenever necessary to prosecute, defend or otherwise participate in any complaint, controversy, suit, proceeding or other matter that, in the opinion, constitutes, or would constitute, a conflict of interest or in the absence of the Law Director or other times when deemed necessary by the Law Director.
   (b)   Nothing in this chapter shall be construed to limit or prevent Council or the Law Director from engaging the legal advice or services of any other person or firm to prosecute, defend or otherwise participate in any complaint, controversy, suit, proceeding, project or other matter involving the City or the City's obligations, and to compensate each person or firm therefor, or when otherwise permitted as provided in this chapter or the Charter, subject to appropriation of funds by Council, as the same is hereby authorized. However, Council shall not interfere with the Law Director in matters of criminal prosecution or when taking action against the Council or the Mayor as may be required by law.
(Ord. 34-01. Passed 5-7-01.)
   135.07 LEGAL INTERN.
   (a)   The position of legal intern is hereby authorized. The legal intern may be appointed by the Law Director without necessity of prior approval of Council.
   (b)   The legal intern may act for the Law Director in all misdemeanor cases before the Municipal Court of the City. The legal intern shall perform other services as assigned by the Law Director.
   (c)   The legal intern shall be compensated at the rate of one dollar a year. The legal intern shall be included on the City's workers compensation insurance and City's indemnification ordinance.
(1978 Code 32.36)
   135.08 REFERENCES TO LAW DIRECTOR.
   All references to the Law Director, Prosecutor, or Prosecuting Attorney in all other ordinances, resolutions and provisions of the City's Codified Ordinances shall mean the Law Director, the terms being synonymous.
(1978 Code 32.37)
   135.09 ACTING CITY LAW DIRECTOR.
   The Law Director is empowered to appoint an Acting Law Director, not necessarily a subordinate thereto, in his or her temporary absence, other than an absence due to suspension. When appointment is made by the Law Director, the Acting Law Director and Law Director shall have concurrent powers and duties during the Law Director's temporary absence. Any appointment of an Acting Law Director by Council pursuant to their authority, shall supersede any appointment made by the Law Director.
(Ord. 34-01. Passed 5-7-01.)
   135.10 ASSISTANTS TO LAW DIRECTOR.
   Council may authorize the appointment of assistants to the Law Director who shall perform such duties and functions as may be assigned to them by the Law Director.
(Ord. 34-01. Passed 5-7-01.)
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