(a) There is hereby created the Department of Law to be headed by a City Attorney who shall be elected from the City at large to a four year term of office, commencing with the election to be held in November, 1979. The City Attorney's term shall commence on the first day of January next following his or her election.
(b) The City Attorney shall be an elector of the City at the time of filing for and during the term of office. The City Attorney shall not hold any other public office or public employment during a term, except the City Attorney may hold office in a political party or be a delegate to a political party convention, serve as a notary public, serve as a member or officer in the military reserve or national guard, serve in any office, position, or capacity to further intergovernmental cooperation, and may hold any office or position permitted by this Charter or the laws in Ohio. The City Attorney shall be an attorney at law duly authorized to practice law in Ohio.
(Amended 11-6-07)
(c) The City Attorney shall serve as legal counsel to the school district serving the territory of the City, and the City Council shall, by ordinance, require compensation to the City by the Board of Education for those services if it becomes advisable to do so, and the fees charged shall be reasonably calculated to reimburse the City for its costs of such services.
(d) The City Attorney shall be the legal advisor, prosecuting attorney and counsel for the City, and, subject to the direction of the Council, shall represent the City in all proceedings in Court or before any administrative board or body. Except as otherwise provided in this Charter, the City Attorney shall perform all other powers, duties and functions now or hereafter imposed on the city directors of law under the laws of Ohio: and shall perform other powers, duties and functions as required by this Charter, or by ordinance or resolution; provided that such laws, ordinances or resolutions are not in conflict with and are consistent with this Charter.
(e) The Council may provide for assistants and special counsel to the City Attorney. All assistants shall be appointed by the City Attorney. The assistants shall be responsible to the City Attorney and when authorized, may exercise all or any part of the powers, duties and functions granted to the City Attorney under this section. Special counsel may be employed by the Council to perform powers, duties and functions authorized by and in the manner provided by the Council.
(f) In the event of a vacancy in the office of City Attorney, the Mayor, with the approval of the Council by a majority vote of its members, shall appoint a qualified person to fill the vacancy for the remainder of the unexpired term of office. The City Attorney shall within 10 days of his taking office designate a qualified person to serve as Acting City Attorney in the event the City Attorney is temporarily absent or disabled. The Acting City Attorney designated pursuant to this Division shall exercise the powers, duties and functions of the City Attorney while serving as Acting City Attorney.
(g) In the event that no person files or is elected City Attorney, then the Council, by a majority vote of its members, shall elect a City Attorney to fill the office for the full four-year term until the next term is to commence.
(h) The City Attorney shall be a full-time official of the City commencing January 1, 1996 and shall not hold any other full-time public or private employment or part-time public or private employment that interferes with the position of City Attorney.
(Amended 11-3-92.)