(a) City Prosecution Division. A City Prosecution Division is hereby created within the Department of Law, which shall have such officers, assistants and other employees as may from time-to-time be determined by the Law Director, with the approval of the City Council. All employees shall be appointed by the Law Director and shall be under the supervision and control of the City Prosecutor, who shall be under the supervision and direction of the Director of Law.
(b) City Prosecutor:
(1) Appointment: The City Prosecutor shall be the head of the City Prosecution Division and shall be under the supervision and control of the Law Director.
(2) Powers and Duties: The City Prosecutor shall perform such duties and have such obligations and responsibilities as are set forth in this Section and all other ordinances and resolutions adopted by the City Council or applicable statutes of this State relative to prosecution, and as assigned and directed by the Law Director.
(3) Unclassified Service: In accordance with Section 10.02 of the City's Charter, the position of City Prosecutor shall be in the unclassified service.
(c) Functions. The City Prosecution Division, under the supervision and direction of the City Prosecutor, shall perform the following functions:
(1) Represent the City and/or the State in the prosecution of all violations of codes, regulations, laws and ordinances that occur within the City's jurisdiction;
(2) Represent the City and/or the State in administrative appeals under ORC Chapter 4510.;
(3) Represent the City and/or the State in appeals from the Xenia Municipal Court, including the preparation of briefs and legal documents;
(4) Advise the City's law enforcement officers; and
(5) Prosecute criminal cases in the Xenia Municipal Court, which includes consultations with complaining witnesses and police officers, both prior to trial and prior to filing charges; holding of pre-trial conferences; presentation of prosecution witnesses and evidence at trials; preparation and filing of trial briefs and other necessary papers; and negotiations with attorneys for various defendants pertaining to changes and trial of the same.
(d) Additional Powers and Duties. The City Prosecution Division may also perform any other functions consistent with prosecution as may be necessary or as the Law Director, the City's ordinances, or State law may designate.
(Ord. 73-51. Adopted 11/08/73; Ord. 2018-27. Adopted 09/13/18; Ord. 2022-28. Adopted 08/25/22)