HomeMy WebLinkAbout~Master - Clarifying Powers and Duties of the City Attorney ORDINANCE NO. 4323
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
AMES, IOWA, BY REPEALING CHAPTER 2 SECTION 2.48 AND
ENACTING A NEW CHAPTER 2 SECTION 2.48 THEREOF, FOR THE
PURPOSE OF CLARIFYNG POWERS AND DUTIES OF THE CITY
ATTORNEY;REPEALING ANY AND ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT
AND ESTABLISHING AN EFFECTIVE DATE
BE IT ENACTED,by the City Council for the City of Ames, Iowa,that:
Section One. The Municipal Code of the City of Ames, Iowa, shall be and the same is hereby amended by
repealing Chapter 2 Section 2.48 and enacting a new Chapter 2 Section 2.48 as follows:
"Sec.2.48. POWERS AND DUTIES.
The City Attorney shall be head of the Legal Department ofthe City and supervise such Assistant City Attorneys
and support staff as may be appointed. The City Attorney, and Assistant City Attorneys when so directed by the City
Attorney,shall have the following powers and duties:
(1) Opinions. The City Attorney shall give,when requested by the City Council,administrative agency,
City Manager or department head, legal opinion upon all questions of law arising out of any ordinances,suits,claims,
or demands for or against the city,and shall give such opinion in writing unless otherwise so requested.
(2) Legal adviser. Act as legal adviser to all City officials,boards and commissions as far as their or its
official duties are concerned,when requested to do so by said officials,boards and commissions.
(3) Ordinances. Report to the City Council any defects that may be discovered in any ordinance,and shall
draw such ordinances as may be requested by the City Council.
(4) Contracts and litigation. When directed to do so by any City official,draw all contracts between the
city and other parties,prosecute and defend all suits or other matters in which the City shall be a party,take appeals in
such cases as the interest of the City requires,and prosecute or defend the City's interest in all the courts of the State and
of the United States,all subject,however,to the direction of the City Council;provided however,that the City Attorney
is authorized and directed hereby to prepare,sign,and file proper informations when there is evidence that a person may
be guilty of a violation of a City ordinance,and to prosecute any and all such informations to judgment and on appeal.
(5) Sign legal papers. Sign the name of the City to bonds and papers of whatever kind necessary in legal
proceedings for the prosecution of any suit in court when directed to do so by the City Council.
(6) Deliver effects of office to successor. Transmit to a successor a docket of all cases pending wherein
the City is a part,as well as all books,papers,and documents in the possession of the City Attorney belonging to the City.
(Ord. No. 2508, Sec. 2, 5-20-75, Ord.No. 3633, 10-23-01).
(7) Follow established City policies and processes. Follow adopted City policies and administrative
processes, including,but not limited to,personnel policies;purchasing policies;pay and classification systems; Civil
Service practices and policies;and performance management,hiring,and budget processes.Under the direction of the
City Manager's Office, prepare and administer the annual budget for the City's Legal Department. Lead legal staff in
implementing department and City-wide goals and objectives."
Section Two.All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent of
such conflict, if any.
Section Three. This ordinance shall be in full force and effect from and after its passage and publication as
required by law.
Passed this 12`h day of September,2017.
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Diane R.Voss, City Clerk Ann H. Campbell, ayor