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(1) Position Created. There is created and established the position of city attorney.

(2) Qualifications.

(a) The city attorney must be a practicing attorney.

(b) The city attorney need not be a resident of the city.

(3) Duties.

(a) The city attorney must advise the mayor, city council, and city staff on all questions of law presented to them in the course of their administration of city affairs.

(b) The city attorney must attend all regular and special meetings of the city council, unless excused by the mayor.

(c) The city attorney must attend meetings, when requested by the chair thereof, of committees of the city council. The city attorney must also attend public hearings when requested by the city’s hearing examiner, city council, or mayor.

(d) The city attorney must prosecute or defend any litigation in any court involving the city.

(e) The city attorney must, when directed by the mayor, represent the city before any county, state or federal agency in any proceeding involving the city.

(f) The city attorney must, when a conflict of interest occurs in any city matter coming to their attention, advise and request the mayor appoint a temporary substitute city attorney as to any such matter.

(g) Consistent with the Rules of Professional Conduct, the city attorney owes a duty of representation to the city as an entity, not to the mayor, to the city council, or to any individual elected official or employee.

(4) Compensation. The city attorney may receive compensation per an agreement for attorney services approved by the city council. (Ord. 1513 § 1 (Exh. A), 2023).