Chapter 2.65
BOROUGH ATTORNEY

Sections:

2.65.010    Creation of office.

2.65.020    Appointment.

2.65.030    General duties.

2.65.040    Additional duties.

2.65.050    Borough attorney’s office employees.

2.65.060    Prosecutions.

2.65.070    Civil actions.

2.65.080    Opinions.

2.65.090    Repealed.

2.65.100    Approval as to form.

2.65.110    Record of cases.

2.65.120    Records to successor.

Prior Legislation – Ord. No. 125, §1; Ord. No. 202, §2; Ord. No. 233, §1; Ord. No. 239, §1; Ord. No. 245, §1; Ord. No. 750A, §1.

O.B.A. – Authority of attorney to sign contracts, 73-9.

State Law Reference – Municipal attorney, AS 29.20.370.

2.65.010 Creation of office.

There is hereby created the office of municipal attorney. The municipal attorney may also use the title “borough attorney” in the performance of duties on behalf of the borough. [Ord. No. 791, §1, 3-4-91. Code 1974 §5.50.005.]

2.65.020 Appointment.

The municipal attorney shall be appointed by the borough assembly and shall serve at its pleasure. [Ord. No. 791, §1, 3-4-91. Code 1974 §5.50.010.]

2.65.030 General duties.

The municipal attorney is the legal advisor to the borough assembly, the borough mayor, the borough manager and the borough clerk. The municipal attorney represents the borough as attorney in all civil and criminal proceedings. The municipal attorney has supervision and control over all employees in the borough attorney’s office. [Ord. No. 994, §2, 7-15-96; Ord. No. 791, §1, 3-4-91. Code 1974 §5.50.015.]

2.65.040 Additional duties.

The municipal attorney may also act as legal advisor to the Ketchikan Gateway Borough School District board and its officials on a case-by-case basis, subject to (a) written waiver, as required by Alaska Rule of Professional Conduct 1.18, of any conflict which is specific to the matter and made after informed consent of both parties; and (b) approval and execution of an agreement between the borough and the School District providing for the scope of representation and for terms for the School District to pay for such services. [Ord. No. 1673, §1, 6-17-13. Code 1974 §5.50.016.]

2.65.050 Borough attorney’s office employees.

The borough attorney’s secretary and any additional support personnel employed in the borough attorney’s office, including assistant attorneys, paralegals and secretaries, are borough attorney’s office employees as defined in KGBC 3.05.110 and are under the supervision and control of the borough attorney. [Ord. No. 994, §3, 7-15-96. Code 1974 §5.50.017.]

2.65.060 Prosecutions.

The municipal attorney is authorized to do all things necessary to prosecute violations of provisions of this code. [Ord. No. 791, §1, 3-4-91. Code 1974 §5.50.020.]

2.65.070 Civil actions.

The municipal attorney is authorized to do all things necessary to bring civil actions against any person or entity having damaged the borough’s real or personal property. [Ord. No. 791, §1, 3-4-91. Code 1974 §5.50.021.]

2.65.080 Opinions.

The municipal attorney shall provide a legal opinion upon all questions of law requested by the borough assembly, the borough mayor, the borough manager or the borough clerk. All legal opinions, when requested to be such, shall be in writing, shall be filed and preserved among the records of the borough, and shall be retained and appropriately indexed by the borough clerk. In the absence of a definitive decision of the appropriate court of competent jurisdiction, the legal opinions are binding upon, and shall be followed by, all borough employees. [Ord. No. 791, §1, 3-4-91. Code 1974 §5.50.025.]

2.65.090 School district opinions.

Repealed by Ord. 1673. [Ord. No. 968, §2, 6-19-95. Code 1974 §5.50.026.]

2.65.100 Approval as to form.

The municipal attorney shall review each contract exceeding ten thousand dollars ($10,000) and each ordinance, resolution and franchise. The municipal attorney shall, in writing, either approve as to form any and all such documents or submit the reasons for not doing so. [Ord. No. 791, §1, 3-4-91. Code 1974 §5.50.030.]

2.65.110 Record of cases.

The municipal attorney shall keep written records of all cases in which the borough is a party or has an interest, which indicate the results of all proceedings therein. Such records shall be open for inspection by the borough assembly and the borough manager. [Ord. No. 791, §1, 3-4-91. Code 1974 §5.50.035.]

2.65.120 Records to successor.

The municipal attorney’s successor shall be provided with a docket of all cases pending wherein the borough is a party or has an interest, as well as all books, papers and documents in the attorney’s possession that belong to the borough. [Ord. No. 791, §1, 3-4-91. Code 1974 §5.50.040.]