HomeMy WebLinkAboutOrdinance 3744 ORDINANCE NO. 3744
AN ORDINANCE AMENDING CHAPTER 31 OF Ttit;
FAYETTEVILLE CODE OF ORDINANCES, TO ESTABLISH
A LEGAL DEPARTMENT, ESTABLISHING THE DUTIES OF
THAT DEPARTMENT, MAKING THE CITY ATTORNEY AND
LEGAL DEPARTMENT EMPLOYEES FULL-TIME CITY
EMPLOYEES AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS :
Section 1 . That Chapter 31 , City Officials, Other City Employees, Section 31 .45 ,
City; City Prosecutor shall be repealed and the following inserted in its stead:
CHAPTER 31 : CITY OFFICIALS
§31 .45 CITY ATTORNEY; LEGAL DEPARTMENT.
(A) Legal Department Created. There is hereby created the Legal
Department, a department of the City. The Legal Department shall consist of the
elected City Attorney, who shall be head of the Legal Department, together with
assistant city attorneys, legal interns, paralegals, legal secretaries, clerks and such
other employees as may from time to time be required by the legal department.
The number of employees in each of these categories and their respective salaries,
including the salary of the elected city attorney, shall be fixed from time to time
by the City Council through the City's budgetary processes.
(B) Hiring. The elected city attorney shall hire and supervise the
employees of the City legal department following city personnel policy.
(C) Duties. The duties of the city attorney with the assistance of the
staff of the legal department shall be as follows :
( 1 ) To draft all ordinances, resolutions, contracts, leases,
conveyances, bonds, and such other instruments of writing as may be required by
the business of the City.
(2) To furnish written opinions upon subjects of a legal nature
relating to the affairs of the city government when requested to do so by the
Mayor, an administrative department head, a member of the City Council, or the
chairperson of any administrative board, commission, or authority of the City.
(3) To furnish legal advice regarding the activities of the City
to the Mayor, members of the City Council, and all other city officials and
administrative department heads.
(4) To attend meetings of the City Council, and upon request
by the chairperson thereof, to attend any meeting of any other administrative
board, commission, or authority of the City.
(5) Represent the City as needed in all civil litigation; file all
cases and civil actions approved by the City Council required to protect the
interests of the City.
Page 2
Ordinance No. 3744
(6) To prosecute all cases whether civil or criminal involving
the violation or enforcement of city ordinances before the municipal court; to
prosecute all cases whether civil or misdemeanor criminal cases involving
violations of the state laws within the corporate limits of the City before the
municipal juvenile or circuit courts and to prosecute or defend all appeals of any
of such cases from the municipal court to the circuit court. The city attorney shall
assign at least one full time assistant city attorney as city prosecutor to carry out
such duties.
(7) Perform such other duties as are prescribed by law for city
attorneys of cities of the first class.
(D) Full-time Employment. The City Attorney and his/her duly
authorized assistants shall be full time officers and employees of the City of
Fayetteville and shall not engage in outside employment, including the private
practice of law, without complying with the city's personnel policy .
(E) Authority to retain counsel other than City Attorney. Should
the City Council determine that it would be in the best interests of the City for an
attorney other than the City Attorney to render legal services in connection with
a legal matter or legal proceedings, the City Council may, by majority vote, retain
a private attorney to render said services.
(F) Restrictions. The Legal Department of the City shall not be
required to render legal services in connection with a legal matter or legal
proceeding not otherwise provided for in Section (A) above, including but not
limited to, bond opinions, representation of any independent organizations,
boards, councils or foundations and performing any duties for any improvement
district.
Section 2. That the City Council hereby determines that the immediate establishment
of the Legal Department is necessary for the City to provide legal services essential to the public
health , safety, and welfare. Therefore, an emergency is hereby declared to exist and this
ordinance being necessary for the public health, safety, and welfare shall be in full force and
effect from and after its passage and approval.
PASSED AND APPROVED this 7th day of December 1993 .
APPROVED
By:
Fe Hanna, Mayor
ATTEST:
By :
Sherry L. Thomas, City Clerk
Off' )iCbl
State . of Arkans" . ( Si
City f Fayetteville . .
Sherry Thomas, City Curk ."d llk�
C)fficio.; recorder tWi . the . rtty .bf
Fsyet(eville, do , hereby certify .. that tH.i
annexed . or tore&ing ls, of record in my
office ani the same ; appears h)
)Ordinance &r Resolution Boss X_ 1 . at
page—�aitno f y F aa:rd and
�eal tills day oY
ORDINANCE NO. 37" partment heads. - STATE OF ARKANSAS
AN ORDINANCE AMEND- (4) To attend meetings of
ING CHAPTER 31 OF THE the City Council, and upon ss.
FAYETTEVILLE CODEOF , request by the chairperson County of Washington
ORDINANCES, TO ESTAB- thereof, to attend any
LISH A LEGAL DEPART- meeting of any other admi- f� � � Q �/�
MENT. ESTABLISHING THE nistrative board, commis- I, aq SI �u^'
DUTIES OF THAT DEPART- sion, or authority of the hereby cer-
MENT, MAKING THE CITY City. tify that I am the publisherof THE NORTHWEST ARKANSAS TIMES, a daily
ATTORNEY AND LEGAL (51 Represent the City as
DEPARTMENT EMPLOY- needed in all civil litigation: newspaper having a second class mailing privilege, and being not less than four pages of
EES FULL-TIME CITY EM- file all cases and civil ac- five columns each, published at a fixed place of business and at a fixed (daily) intervals
P L O Y E E S AND FOR tions approved by the City
OTHER PURPOSES. Council required to protect continuously in the City of Fayetteville, County of Washington, Arkansas for more than
the interests of the City. a period of twelve months, circulated and distributed from an established place of business
BE IT ORDAINED BY THE (5) To prosecute all cases
CITY COUNCIL OF THE whether civil or criminal in- to subscribers and readers generally of all classes in the City and County for a definite price
CITY OF FAYETTEVILLE, volving the violation or en- for each copy, or a fixed price per annum, which price was fixed at what is considered the
ARKANSAS forcemeat of city ordi-
nances before the municipal value of the publication, based upon the news value and service value it contains, that at
Section 1 . That Chapter 31 , court: to prosecute an least fifty percent of the subscribers thereto have paid cash for their subscriptions to the
City Officials, Other City cases whether civil or mis-
Employees, Section 31 .45, demeanor criminal cases in- newspaper or its agents or through recognized news dealers over a period of at least six
City: City Prosecutor shall vowing violations of the months; and that the said newspaper publishes an average of more than forty percent news
be repealed and the follow- state laws within the corpo-
ing inserted in its stead: rate limits of the City be- matter.
fore the municipal juvenile
CHAPTER 31 : CITY or circuit courts and to pro-
OFFICIALS secure or defend all appeals I further certify that the legal notice hereto attached in the matter of
Section 31 .45 CITY AT. I of any of such cases from
TORNEY : LEGAL the municipal court to the f/ nC� �} � ,
DEPARTMENT. circuit court. The city attor- l /f If 3 N
(A) Legal Department ney shall assign at least
Created. There is hereby one full time assistant city
created the Legal Depart- attorney as city prosecutor was published in the regular daily issue of said newspaper for
ment, a department of the to carry our such duties.
City. the Legal Department (7) Perform such other du- consecutive insertions as follows:
shall consist of the elected ties as are prescribed by
City Attorney, who shall be law for city attorneys for ct r p n 2
head of the Legal Copan- des of the first class. The first insertion on the -ErT�lk" %tom_ I � dayof l9 q3
ment, together with assis- (D) Full-time Employment.
tant -city attorneys. legal in- The City Attorney and his/
terns, paralegals, legal sec- her duly authorized assis- the second insertion on the day of 19
rotaries, clerks and such tants shall be full time offio-
other employees as may ers and employees of the
from time to time be re- City of Fayetteville and shall the third insertion on the day of 19
quired by the legal depart- not engage in outside em-
ment. The number of em- ployment. including the pri-
ployeas in each of, these vate practice of late, with- and the fourth insertion on the
categories and their respec out complying with the day of 19
tive salaries, including the city's personnel policy.
salary of the elected city at- (E) Authority to retain
'torney. shall be fixed from counsel other than City RECEIVE C
time to time by the City Attorney. Should the City "
Council through the City-s Council determine that it
budgetary processes. would be in the best inter-
attto ney. shell e1nireda d for eyf the other thanfor
the nat-City DEC 2 2 1993 Publisher / General Manager
supervise the employees of Attorney to render legal ser-
'the City legal department vices in connection with a
'following city personnel legal matter of legal pro- I FINANCE DEPT.
,policy. ceedings, the City Council
(C) Duties. The duties of may, by majority vote, re-
the city attorney with the tain a private attorney to re-
assistance of the staff of nder said services.
the legal department shall (F) Restrictions. The Legal
be as follows: Department of the City
(1) To draft all ordinances. shall not be required to ren-
resolutions, contracts, der legal services in con- ._ .. _ .... .
leases. conveyances, bonds. nection with a legal matter
and such other instruments or legal proceeding not
of writing as may be re- otherwise provided for in ..
quired by the business of Section (A) above, including
the City. but not limited to, bond Sworn to and subscribed before me on this
(2) To furnish written opin- opinions, representation of day Of
ions upon subjects of a any independent organiza-
legal nature relating to the tions, boards, councils or q 3
foundations and performing tree
affairs of the city govern- g 19
many when to do any duties for any improve- '
so by the Mayor,ayor, an an admini- meat district. '
strative department head, a
member of the City Coun- Section 2. That the City
cil, or the chairperson of Council hereby determines
any administrative board, that the ' immediate estat'> Notary Public
commission, or authority of lishment of the Legal De-
the City. partment is necessary for
(3) To furnish legal advice the City to provide legal My Commission Expires:
regarding the activities of services essential to the
the City to the Mayor, public health, safety, and �)
members of the Cit Coun- welfare . Therefore, an _ -
cil, and all other city offi- emergency is hereby dec.
cials and administrative do- lared to exist and this ordi
nance being necessaryfort ,
the , public health, safety. '1
and welfare shall be in fulll Fees for Printing .$ l
force and effect from and .
', after its passage ands Cost of Proof $
approval. '11 I
PASSED AND APPROVEDI' Total $ � IT
. / Y
this 7th Day of December. 1
1993.
APPROVED:
By: Fred Hanna. Mavor