Chapter 2.70
TOWN ATTORNEY

Sections:

2.70.010    Town attorney.

2.70.010 Town attorney.

A. Office Established. The position of town attorney is hereby created and established. The town attorney shall be appointed by a majority vote of the town council on the basis of his or her qualifications and knowledge of accepted practice in respect to the duties of the office as hereinafter set forth, and shall perform the duties of the office of town attorney under the general and specific direction of the town council.

B. Bond. The town attorney shall furnish a surety bond to be approved by the town council in such sum as may be determined by the town council which shall be conditioned upon the faithful performance of the duties imposed upon the town attorney as herein described. Any premium for such bond shall be a proper charge against the town. Nothing in this section shall preclude the town from obtaining a blanket bond pursuant to the provisions of ARS 9-302 to satisfy this requirement.

C. Removal from Office. The town attorney may be removed by the town council at any time by a majority of its members without cause upon 90 days’ notice. The town attorney may be removed by the town council by a majority of its members with cause immediately. The town attorney must give 90 days’ written notice of his or her intention to resign; provided, that the town council, upon a majority vote of its members, may waive any or all of this requirement.

D. Compensation. The town attorney shall receive such compensation as the town council shall from time to time determine and fix by ordinance, resolution or motion, and said compensation shall be a proper charge against such funds of the town as the town council shall designate. The town attorney shall be reimbursed for all sums necessarily incurred or paid by him or her in the performance of his or her duties, or incurred when traveling on business pertaining to the town as approved by the town council. Such reimbursement shall be made only when a verified itemized claim, setting forth the sums expended for which reimbursement is requested, has been presented and approved by the town council.

E. Powers and Duties.

1. The town attorney is the administrative head of the legal department under the direction and control of the town council.

2. The town attorney shall act as the legal counselor and advisor of the town council and other town officials, as designated by the town council, and as such shall give his or her opinions. When requested such opinion shall be in writing.

3. The town attorney shall draft all deeds, contracts, conveyances, ordinances, resolutions and other legal instruments when required by the town council or town manager.

4. The town attorney shall approve or disapprove as to form, in writing, all documents submitted to him or her.

5. The town attorney shall return within 10 days all ordinances and resolutions submitted to him or her for consideration by the town council or town manager, with his approval or disapproval as to form noted thereon, together with his reasons therefor if disapproved.

6. The town attorney shall prosecute and defend all suits, actions or causes where the town is a party and report to the town council, when required, the condition of any suit or action to which the town is a party. [Ord. 2006-06 § 11; prior code § 3-2-7. Formerly 2.75.010.]