§ 11.02. City attorney; powers and duties.  


Latest version.
  • The city attorney shall:

    (a)

    Be the legal adviser of the council, the city manager, and all departments, boards, commissions and agencies of the city in all matters affecting the interest of the city and shall upon request furnish a written opinion on any question of law involving their respective official powers and duties. The city attorney may also be the legal advisor of and counsel to the school board in all matters affecting the interests of the school division with the concurrence of both the council and the school board.

    (b)

    At the request of the city manager or any member of the council, prepare ordinances for introduction and, at the request of the council or any member thereof, examine any ordinances after introduction and render his opinion as to the form and legality thereof.

    (c)

    Draw or approve all bonds, deeds, leases, contracts or other instruments to which the city is a part or in which it has an interest.

    (d)

    Represent the city as council in any civil cases in which it is interested and in criminal cases in which the constitutionality or validity of any ordinances is brought in issue or in which the city is a party.

    (e)

    Institute and prosecute all legal proceedings he shall deem necessary or proper to protect the interests of the city.

    (f)

    Attend in person or assign one of his assistants to attend all meetings of the council.

    (g)

    Appoint and remove such assistant city attorneys and other employees as shall be authorized by the council, subject to the provisions of Chapter 8 of this charter, and authorize the assistant city attorneys or any of them or special counsel to perform any of the duties imposed upon him in this charter.

    (h)

    Have such other powers and duties as may be assigned to him by ordinance.

    Notwithstanding the provisions of this section or any other law the council may, from time to time enter into agreements with the commonwealth's attorney for such attorney to represent the city in any criminal case in which the city is a party. The council shall only consent to such an agreement by resolution adopted at a regular meeting and agreed to by a majority of all of its members. The agreement shall specify the types of cases to be handled by the commonwealth's attorney. Prior to the adoption of any such resolution the council shall request the recommendation of the city attorney on the feasibility and operation of the agreement, but such recommendation shall not be binding on the council. The council may, at any time, modify or appeal its consent to such an agreement provided it follows the procedure provided herein for the giving of its consent and such right of council shall be a part of every such agreement. So long as such agreement is effective the city attorney shall have no power or duty with respect to the types of cases specified therein.

    Notwithstanding any other provisions of law the council may provide supplements to the office of the commonwealth's attorney for performing the functions and duties covered by the agreement. (Acts 1970, ch. 492; Acts 1972, ch. 808, § 1; Acts 2014, ch. 400, § 1)