(A) Appointment of Attorney. The Attorney shall be appointed by the Mayor, by and with the advise and consent of the Village Board for the term of one year, unless sooner removed for cause, and until a successor shall have been appointed and qualified. The Attorney shall have full charge of the law affairs of the village and shall be known as the Village Attorney and shall receive compensation for office services and advice, and shall receive reasonable fees for other services rendered when, in his or her judgment, or in the judgment of the Mayor or Village Board, the same are necessary or are for the best interests of the village.
(2007 Code, § 1-2-88)
(B) Duties.
(1) Prosecute for village. The Village Attorney shall prosecute or defend on behalf of the village in all cases in which the interests of the corporation or any officer thereof are involved; and the Village Clerk shall furnish him or her with certified copies of any ordinance, bond or paper in keeping necessary to be filed or used in any suit or proceedings.
(2) Preparation of ordinances. The Attorney shall, when required, advise the Village Board or any officer in all matters of law in which the interests of the corporation are involved, and shall draw such ordinances, bonds, forms and contracts, or examine and pass upon the same, as may be required by the Mayor, the Village Board or any committee thereof.
(3) Judgments. The Attorney shall direct executions to be issued upon all judgments recovered in favor of the village, and shall direct their prompt service. The Attorney shall examine all the bills of the officers of courts, and of other officers of the law, and shall certify to their correctness and the liability of the village therefor.
(4) Violations of ordinances. The Attorney shall institute and prosecute an action in every case of violation of a village ordinance when instructed to do so by the Mayor or the Village Board.
(5) Prosecution of suits. The Attorney shall not be required to prosecute any suit or action arising under the ordinances of the village when, upon investigation of the same, the Attorney shall become satisfied that the complaint was instituted maliciously, vexatiously or without just cause; and shall dismiss or discontinue any such suit or proceeding upon such terms as he or she may deem just or equitable.
(6) Collection of taxes. The Attorney is hereby authorized and instructed to enforce the collection of any and all taxes and special assessments in the collection of which the village is interested and to attend all sales of real or personal property made to enforce the collection of such taxes or special assessments and to bid thereat on behalf of the village.
(7) Commissions. The Village Attorney shall act as the legal advisory for the utilities systems, for the Plan Commission, for the Zoning Board of Appeals and for all other boards and commissions hereafter established by the Village Board. The Attorney shall perform all legal services as may be required for those boards and commissions.
(2007 Code, § 1-2-89)
Statutory reference:
Related provisions, see 65 ILCS 5/3.1-30-5