§ 2-188. Legal department.

(a)

Appointment. The city attorney shall be appointed by the mayor with the advice and consent of the council and shall, prior to such appointment, be admitted to practice before the Supreme Court of the State of Minnesota. Assistant city attorneys may be appointed in the same manner. Assistant city attorneys may be assigned duties as the city attorney sees fit.

(b)

Powers and duties. The city attorney shall represent the city in all causes in which the city is interested. The city attorney shall be the legal advisor to the mayor, to the council, and to all departments and agencies of the city except as may be otherwise provided by the Charter. The city attorney shall prosecute and defend actions and proceedings by and against the city and every department and agency thereof. In the furtherance of these general powers, the city attorney shall:

(1)

Advise officers, Advise the mayor, the council or its committees, and the heads of all departments, agencies, boards, and commissions on all matters relating to their official powers, duties and functions.

(2)

Prepare ordinances. Be responsible for the preparation of all ordinances and resolutions as requested by the mayor or the council.

(3)

Give opinions. Render legal opinions upon any question of law submitted by the mayor, the council, or the heads of all departments, agencies, boards, or commissions.

(4)

Attend council meetings. Attend all council meetings in their entirety for the purpose of giving the council any legal advice requested by its members, and at the request of the presiding officer, attend committee board or commission meetings.

(5)

Prepare legal instruments. Prepare, review, and approve all contracts, deeds, documents, and instruments prior to the execution thereof by or on behalf of the city, its departments and agencies.

(6)

Prosecute criminal violations of state statutes, as authorized by law, and city ordinance violations.

(7)

Deliver records to successor. Deliver all records, documents and property of every description in his/her possession, belonging to his/her office or to the city, to his/her successor in office.

(8)

Special counsel. In case of special or unusual circumstances or in any case where the city attorney by reason of conflict of interest cannot represent the city, the council, upon the request of the city attorney, may by resolution appoint special counsel and fix his/her compensation as well as any other terms of agreement.

(c)

Attorney service by contract. At any time that there is not a full time city attorney in office, the city may, by action of the majority of the city council, retain an attorney on a contract basis.

(Code 1984, Title 2, § 370; Ord. No. 96-6, 6-6-96)