CHAPTER 2-9: LEGAL DEPARTMENT

SECTIONS:

2-9-1:    DEPARTMENT CREATED:

2-9-2:    DIVISIONS CREATED:

2-9-3:    CRIMINAL DIVISION; FUNCTION:

2-9-4:    CIVIL DIVISION; FUNCTION:

2-9-5:    PROHIBITION AGAINST OUTSIDE EMPLOYMENT:

2-9-6:    ABILITY TO RETAIN OUTSIDE COUNSEL:

2-9-1 DEPARTMENT CREATED:

There is hereby created a Legal Department, said Department to be under the supervision of the City Attorney. The City Attorney will report to and be responsible for the operation of the Legal Department to the City Council.

2-9-2 DIVISIONS CREATED:

The Legal Department will consist of the Criminal Division and the Civil Division, both of which shall be under the supervision of the City Attorney.

2-9-3 CRIMINAL DIVISION; FUNCTION:

The Criminal Division shall have the responsibility of prosecuting all criminal misdemeanor and petty offenses and traffic offenses which occur within the corporate limits of the City, and may also prosecute felonies whenever granted such authorization from the Yavapai County Attorney. The Criminal Division shall also act as the legal advisor to the Police Department and other City departments charged with enforcing the penal statutes of the State of Arizona and City of Prescott.

2-9-4 CIVIL DIVISION; FUNCTION:

The Civil Division shall have the responsibility of advising the City Council, City Manager, and all departments, committees and commissions within the City; of preparing and/or reviewing all documents, contracts, resolutions, ordinances and policies; shall lobby for or against legislation on behalf of the City; will review all claims filed against the City as more particularly set forth in Title I, Chapter 10 of the City Code; will defend the City against all lawsuits filed against the City; and will prosecute on behalf of the City all civil violations of the City Code and other City Codes and ordinances.

2-9-5 PROHIBITION AGAINST OUTSIDE EMPLOYMENT:

Attorneys in the Legal Department are expected to devote their full time and duties on behalf of the City. Assistant City Attorneys shall not accept any outside employment without the express permission of the City Attorney and City Manager; the City Attorney shall not accept any outside employment without the express permission of the City Manager and City Council.

2-9-6 ABILITY TO RETAIN OUTSIDE COUNSEL:

The provisions herein shall not operate to prohibit the City Attorney from retaining outside counsel to represent the City in a particular matter, if in the determination of the City Attorney, said outside representation would be in the best interests of the City, provided, however, that such outside counsel shall not be retained by the City Attorney without the consent of the City Council. (Ord. 2279, 6-25-91)