(A) Town Attorney. The Town Attorney shall be appointed by the Council. The Town Attorney shall act as the legal counselor and advisor of the Council and other town officials and, as such, shall give his or her opinion in writing when requested by the Town Manager. The Town Attorney shall review and assist in the drafting of all deeds, contracts, conveyances, ordinances, resolutions and other legal instruments when required by the Town Manager. The Town Attorney shall approve or disapprove as to form, in writing, all drafts of contracts and all official or other bonds before final approval or acceptance thereof by the Council. The Town Attorney shall return within the time allotted by the Town Manager all ordinances and resolutions submitted for consideration by the Town Manager, with approval or disapproval as to form noted thereon, together with the reasons therefore. Except for matters handled by counsel appointed by the town’s insurance carrier, the Town Attorney shall prosecute and defend ail civil suits, actions or causes where the town is a party to the extent of the Town Attorney’s ability and in accordance with the Town Attorney’s independent professional legal judgment and in compliance with the Arizona Supreme Court’s Rule of Professional Responsibility shall report to the Council, when required, the condition of any suit or action to which the town is a party. The Town Attorney shall attend all Council meetings to advise the Council on legal issues and serve as Town Parliamentarian. Upon approval of the Town Manager, the Town Attorney’s attendance at a Council meeting may be by telephone.
(B) Town Prosecutor. The Town Prosecutor shall be appointed by the Council. The Town Prosecutor shall prosecute all criminal charges in the town’s Magistrate Court which are supported by probable cause within the parameters of the Arizona Supreme Court’s Rules of Professional Responsibility and prevailing standards of prosecution. The Town Prosecutor shall prosecute all civil, petty and civil traffic offenses in the town’s Magistrate Court which are supported by probable cause within the parameters of Professional responsibility and prevailing standards of prosecution if the defendant in such matters is represented by counsel.
(C) Validity. If any division, sentence, clause or phase of this section is, for any reason, held to be unconstitutional; such decision shall not affect the validity of the remaining portions of this section. The Town of Quartzsite Common Council hereby declares that it would have passed this section, and each division, clause or phase thereof, irrespective of the fact that any one or more divisions, sentences, clauses and phases be declared unconstitutional.
(Prior Code, § 3-2-5) (Ord. 11-08, passed - -2011; Ord. 14-04, passed - -2014; Ord. 17-01, passed 1-10-2017)