Chapter 2.56
CITY ATTORNEY – CITY PROSECUTOR
Sections:
2.56.010 Establishing the position of city attorney.
2.56.020 Manner of appointment.
2.56.030 City attorney – Duties.
2.56.040 Establishing the position of city prosecutor.
2.56.050 City prosecutor – Duties.
2.56.060 Qualifications for city attorney and city prosecutor.
2.56.010 Establishing the position of city attorney.
The appointed position of city attorney is hereby created for the purpose of performing the services set forth herein. (Ord. 900 § 1, 1997)
2.56.020 Manner of appointment.
A. The city attorney shall be a part-time appointed official, with such position being filled and appointed by the mayor, subject to confirmation by a majority vote of the whole council.
B. An appointment made under the provisions of this chapter shall not discharge any of the duties or responsibilities of the office of city attorney until the appointment is confirmed by the city council. (Ord. 900 § 2, 1997).
2.56.030 City attorney – Duties.
General city attorney duties to be performed are as follows:
A. Be the chief legal advisor to the mayor, council, department heads, commissions and boards of the city in relation to matters pertaining to their operation in a governmental capacity;
B. When requested by the city administrator, mayor or council, reduce legal opinions to writing;
C. When requested by the city administrator, mayor or other city official, prepare or review and approve or disapprove ordinances, resolutions, leases, contracts, instruments of conveyance, agreements and any such other similar instruments as may be required by the business of the city;
D. Attend all regular and special meetings of the city council;
E. When from the deliberation of council meetings it appears to the city attorney necessary or appropriate to advise the council concerning the legal ramifications of its contemplated policies or actions, the city attorney shall fully advise the council, whether or not such opinions are requested;
F. Represent the city in all actions brought by or against the city or against the officials in their official capacity. In the event the city attorney determines there is a conflict of interest and is prevented in fairness to the city from acting on a particular case, the city attorney shall so advise the mayor in writing, and the mayor may appoint, subject to confirmation by the city council, an attorney for the limited purpose of representing the city in the conflict case;
G. Recommend to the city council when services of a special counsel are required in matters relating to local improvement districts (LIDs), city revenue bond issues, and other special similar matters not necessarily considered general city business. Said special counsel, fees, costs, and contracts shall be approved by the council;
H. Review the performance of the city prosecutor and make any recommendations to the city administrator, mayor and council that the city attorney deems appropriate.
I. The city attorney shall work under the direction of the city administrator. (Ord. 900 § 3, 1997)
2.56.040 Establishing the position of city prosecutor.
The appointed position of city prosecutor is hereby established for the purpose of performing the duties set forth herein.
A. The city prosecutor shall be a part-time appointed official, with such position being filled and appointed by the mayor, subject to confirmation by a majority vote of the whole council.
B. An appointment made under the provisions of this chapter shall not discharge any of the duties or responsibilities of city prosecutor until the appointment is confirmed by the city council.
C. The city prosecutor shall work under the direction of the city attorney. (Ord. 900 § 4, 1997)
2.56.050 City prosecutor – Duties.
The city prosecutor shall perform the following duties subject to the direction of the city attorney:
A. Diligently prosecute all violations of city ordinances both civil and criminal, and all other state misdemeanor and gross misdemeanor criminal violations which occur within the city limits;
B. Review and approve, in advance, all applications for search and arrest warrants whenever possible;
C. Work closely with law enforcement officers and advise them on all matters involving their official duties;
D. Coordinate the handling of criminal cases with other jurisdictions when said cases are no longer within the jurisdiction of the city to prosecute;
E. Notify the mayor, council and city attorney when the city will be a party to an appeal in any superior court or appellate court;
F. Report to the city on a quarterly basis all activities of the city prosecutor including the number of cases prosecuted during the reporting period, the time expended and such other information as may be required by the city to fully understand the workload, outcomes, etc. of city criminal cases;
G. Perform such other duties as may be assigned that are consistent with this position. (Ord. 900 § 5, 1997)
2.56.060 Qualifications for city attorney and city prosecutor.
A. Licensed and practiced law no less than five years in the state;
B. Provide evidence of all applicable licenses to practice within the state;
C. Consideration of qualifications in connection with past history concerning municipal law and criminal law, including education, experience and a willingness to attend seminars and educational programs dealing with municipal law and criminal law;
D. Provide information enabling the city to evaluate experience relating to municipal law and criminal law. (Ord. 900 § 6, 1997)
2.56.070 Compensation.
A. The city attorney shall prepare the city legal department annual budget in accordance with the city annual budget process.
B. The city attorney and the city prosecutor will provide services to the city under written contracts and upon such terms as may be negotiated from time to time between the parties. (Ord. 900 § 7, 1997)