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HomeMy Public PortalAboutORD09523 t i i BILL NO. 00 INTRODUCED BY COUNCILMAN ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSbURI , AMENDING THE CODE OF THE CITY OF JEFFERSON, 1978, BY REPEALING SECTION 2-104 THROUGH 2-113 INCLUSIVE AND ENACTING NEW SECTIONS IN LIEU THEREOF, CREATING A DEPARTMENT OF LAW. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI , AS FOLLOWS : Section 1. The Code of the City of Jefferson, 1978, is hereby amended by repealing Section 2-104 through 2-113 inclusive and establishing new sections in lieu thereof to read as follows : ® DIVISION 3. Department of Law - City Attorney Section 2-104. Created-City Counselor--Appointment , Qualifications, Duties. A. There shall be a Department of Law, the Director of which shall be known as the City Counselor. He shall be appointed by the Mayor, upon recommendation of the City Administrator, and with the consent of the City Council, and may only be removed by the Mayor with the advice and consent of the City Council. He shall have been a duly licensed attorney of the State of Missouri for at least three years immediately prior to his ap- pointment , shall have been actively engaged in the practice of ® law during such three ,years, and shall be a resident of the City. He shall direct the management of all litigation in which the City is a party or is interested. He shall represent the City in all legal matters and proceedings in which the City is an interested party, advise the Council , any committee or members thereof, the Mayor, Administrator, and heads of all departments , boards commissions and offices concerning any legal questions affecting the City' s interest. He shall approve, as to form, all contracts, deeds, bonds and other documents to be signed in the name of or made to or with the City. He shall perform such Joe other duties as the Council may, by ordinance or resolution, require. B. The City Counselor shall advise the Mayor, Admini- strator, the City Council and its committees, and any other City official when requested, upon all legal questions arising in the conduct of City business; prepare ordinances when so requested by the Mayor, Administrator, the City Council , or any committee thereof; give his opinion on any legal matter or question sub- mitted to him by the Mayor, Administrator, the City Council, or any of its committees or by any City official; attend the City Council meetings for the purpose of giving the City Council any legal advice requested by its members; approve and/or prepare ® for execution all contracts and instruments to which the City is a party; and, upon request , meet with and advise committees of the Council or other City Boards and Commissions upon legal matters; and perform such other legal duties as may be required by the Mayor, Administrator, or Council. The City Counselor shall serve under the general supervision of the City Administrator. C. Nothing in this section shall prevent the Council from employing special or additional legal counsel. Section 2-105. City Attorney. A. Pursuant to Section 77. 370 RSMo 1978, a City Attorney (Prosecutor) shall be elected by the qualified voters of the ® ® City. Such attorney shall be a person licensed to practice law in Missouri. The term of office shall be two years and he shall hold his office until his successor is duly elected and qualified. B. No person shall be eligible to the office of City Attorney who is not a resident of the City at the time of his election, or who shall, at the time of his election, be in arrears for any unpaid city taxes or guilty of forfeiture or defalcation in office. Section 2-106. Duties of City Attorney. A. The City Attorney shall, if requested by the Mayor -2- or Administrator, attend the meetings of City Council when the City Counselor is unavailable. B. He shall prosecute all violations of this Code or other City ordinances and handle appeals in connection therewith. C. He shall make written recommendations and draft bills and ordinances in connection with the proper administration of justice as related to the violations of this Code or other City ordinances. D. He may, if requested by the Mayor or Administrator, perform such other duties as may be required. Section 2-107. Salary and Expenses. A. Salary. The City Counselor and the City Attorney shall be paid a salary as set forth in the salary ordinance. B. Expenses. In addition to such salary, the City Counselor and City Attorney, or others acting at their direction, shall be paid an amount sufficient to cover all expenses incurred in the performance of official municipal duties. C. Statement. These expenses shall be paid upon the rendering of a verified statement to the City. D. The City Attorney shall receive no compensation for his services other than that provided by this section. Section 2-108. Effective Inabil'i:ty of City Attorney to Act. ® In the case of sickness, absence from City, interest of the City Attorney in the proceedings adverse to the interest of the City, or other temporary inability of the City Attorney to discharge the duties of his office, the Mayor or Administrator shall direct the City Counselor to act in his stead during such temporary inability, in any proceedings pending before the Municipal Division of the Circuit Court. If the City Counselor is unable to act , then it shall be the duty of the Municipal Judge to appoint an attorney to represent the City in all cases -3- before his Court , pending such temporary inability of the City Attorney to perform the same, and the person so appointed shall possess the same powers and receive the same compensation as ' the City Attorney would receive if he were present and acting in the regular discharge of his duties. Section 2-109. Effective Interest in Proceedings. If the City Counselor or City Attorney shall be interested in, or a party to any action brought by the City for the violation of any of its ordinances, or shall have been employed as counsel in any such case, previous to his election as City Attorney or appointment as City Counselor he shall inform the Mayor and City ® Council thereof, if the case be one which has been appealed or ® by other means removed from the DRunicipal Court , and the Mayor and City Council shall appoint an attorney, at the expense of the City, to represent the City in such proceedings. Section 2-110. Part Time Employment. A. The City Attorney shall be considered holding part time employment and as such he may accept, within the require- ments of the Code of Judicial Conduct, Missouri Supreme Court Rule 4, other employment not in conflict with his duties as such o(Kficer. ee"line be Section 2-111. Vacation of Office. The City Attorney and City Counselor shall have vacated their offices upon the occurrence of any one of the following: A. Upon the removal of their residence within the City limits of the City of Jefferson, Missouri; or, B. Upon being disbarred from the practice of law in the State of Missouri; or, C. Upon their acceptance, election or appointment to any other office of the City of Jefferson, Missouri, or to an elective or appointive office of any other municipality, county, state or the federal government, except that of notary public. D. Upon the expiration of their term of election or appointment; or, E. Upon removal of office by the Mayor and Council. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed ��, �2 l94 Approved AD Z'v -- res ent of the 172,6uncii Mayor Attest : C y C k ._ -5-