(A) Appointment of Attorney.
(1) The Attorney shall be appointed by the Mayor, by and with the approval of the Village Board for the term of one year, unless sooner removed for cause and until his or her successor shall have been appointed and qualified.
(2) The Attorney shall have full charge of the law affairs of the village and shall be known as the “Village Attorney”, 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 for the best interests of the village.
(3) The Mayor, with the advice and consent of the Village Board of Trustees, may appoint such additional counsel as, in his or her discretion, may be necessary for the proper prosecution of village business. Said additional counsel shall be retained pursuant to the provisions of this division (A).
(Prior Code, § 2-401)
(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. The Village Clerk shall furnish the Attorney with certified copies of any ordinance, bond or paper in his or her keeping necessary to be filed or used in any suit or proceeding.
(2) Preparation of ordinances. The Village Attorney shall, when required, advise the Village Board, or any officer, in all matters of law in which interests of the corporation are involved, and he or she shall draw such ordinances, bonds, forms and contracts, or examine and pass upon the same, as may be required of him or her by the Mayor, the Village Board or any committee thereof.
(3) Judgments. The Village Attorney shall direct executions to be issued upon all judgments recovered in favor of the village, and he or she shall direct their prompt service. He or she 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) Commissions. The Village Attorney shall act as the legal advisor for the Planning and Zoning Board and he or she shall perform the legal services required of said commissions.
(5) Violations of ordinances. The Village Attorney shall institute and prosecute an action in every case of violation of a village ordinance, when instructed to do so by the Mayor, Village Board or any committee thereof.
(6) Prosecution of suits. The Village Attorney shall not be required to prosecute any suit or action arising under the ordinance of the village, when, upon investigation of same, he or she shall become satisfied that the complaint was instituted maliciously, vexatiously or without just cause; and he or she shall dismiss or discontinue any such suit or proceeding upon such terms as he or she may deem just or equitable.
(7) Collection of fees. The Village 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 estate or personal property made to enforce the collection of such taxes or special assessments and to bid thereat in behalf of the village.
(Prior Code, § 2-402)
(C) Prosecutor’s fees.
(1) For each complaint that is prosecuted on behalf of the village to enforce the provisions of general ordinances of the village, and also enforce provisions of state statutes, statutes affecting the affairs of the village, there shall be added as costs to be assessed against the defendant in each case, the reasonable sum and cost, to be known as the Village Prosecutor’s fee.
(2) Upon said defendant being found guilty of the charges, as set up in the complaint that is filed on behalf of the village in any of the two above named situations, it shall be the duty of the Court before whom such matter is heard to assess a Village Prosecutor’s fee in the reasonable sum and cost, which shall be paid directly to the Prosecutor by the Clerk of the Circuit Court, and that the fine or penalty as assessed by the Court for the violation of the complaint shall be paid to the Village Clerk.
(Prior Code, § 2-403)