(A) The Town Council President, with the approval of the Town Council, shall appoint a general legal counsel for the Council and the town government, to be known as the Town Attorney.
(B) The Town Attorney shall:
(1) Provide legal advice to the Town Council and to other officers and employees of the town or municipal utilities as required in connection with the performance of their official duties for the town;
(2) Attend meetings of the Town Council, as requested by the Town Council President;
(3) Prepare or review, if requested by the Council, all proposed legislation, contracts or similar documents before final action by the Council (exclusive of services in connection with the construction of buildings or other public improvements or the issuance of bonds);
(4) Represent the town in all suits or other actions at law which may be brought by or against the town or a municipal utility or against an officer or employee thereof in circumstances where the town would be liable for any judgement, unless another attorney is employed for these purposes; and,
(5) Perform other duties and legal services as provided by ordinance for the Town Attorney, or as directed by the Town Council, or the Town Council President.
(C) The Town Attorney shall receive as compensation for his or her service an annual retainer, in an amount to be agreed between the appointee and the Council, and set forth in the annual budget. In consideration of that retainer, the Town Attorney shall perform the services described in divisions (B)(1) through (B)(3) above, without further charge to the town, except preparation of annexation ordinances and preparation of a series of ordinances required or appropriate to implement a change in state law. For services rendered by divisions (B)(4) and (B)(5) above, when those services are authorized by the Council, the Town Attorney shall be entitled to an additional legal fee unless the retainer agreement provides otherwise.
(D) This section does not affect any existing retainer agreement between the Town Council and Town Attorney when this section first takes effect, but shall condition any subsequent retainer agreements.
('85 Code, § 2-4-1) (Ord. 1985-C5, passed 9-16-85; Am. Ord. 98-5-1, passed 5-12-98)