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3. City Attorney SupervisionCharles A. Harball office of City Attorney City Attorney 201 First Avenue East P.O. Box 1997 Kalispell, MT 59903-1997 TJ D TO: Mayor Pamela B. Kennedy and Kalispell City Council FROM: Charles Harball, City Attorney Myrt Webb, Interim. City Manager Tel 406.758.7977 Fax 406.758.7979 charball @kalispell.com SUBJECT: Review the Kalispell City Administrative Code Regarding the Appointment of City Attorney AMETING DATE. Monday, December 8, 2003 — Council Workshop BACKGRO : In September of 2001 the City Council amended its administrative code to provide that the City Attorney would be appointed by the City Manager and essentially operate under his or her purview, as are all other department heads. shortly thereafter a voter's initiative vent to the electorate to determine whether the City Attorney should remain under the office of City Manager or be under the appointment of the City Council. The result of the election was to keep the office of City Attorney under the administration of the City Manager. Ordinance No. 1398 is attached as the law relevant to the current status to the office of City Attorney. Respectfully submitted, I Charles Harball, ity Attorney Myrt Webb, Interim City Manager ORDINANCE NO. 1398 AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, KALISPELL MUNICIPAL CODE BY AMENDING ORDINANCE 1166, 9 2-3 AMENDING THE DUTIES OF THE MAYOR; § 2-23 AMENDING THE REVIEW OF ORDINANCESo RESOLUTIONS AND CONTRACTS; 2-53 AMENDING THE APPOINTMENT OF THE CITY ATTORNEY; § 2-54 AMENDING THE DUTIES OF THE CITY ATTORNEY AND; AUTHORIZING THE CITY ATTORNEY TO RECODIFY 55 2-3j 2-23, 2-531 2-54 IN ACCORDANCE WITH THIS ORDINANCE AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELLI MONTANA AS FOLLOWS: SECTION 1. That Ordinance No. 1166, § 2-3 (5 2-31 Kalispell City Code) is hereby amended to read as follows: MAYOR The Mayor shall: a) Preside at all City Council Meetings; b) Appoint, with the consent of the City Council, all members of advisory boards and commissions; c) Execute all ordinances, resolutions and contracts on behalf of the City after Council approval; d) Perform ceremonial functions as Mayor of the City of Kalispell; e) Perform any other duties specifically designated by Ordinance. Except for the above, the Mayor shall have no other executive or administrative duties, those being the responsibility of the City Manager, SECTION II. That Ordinance No. 1166, S 2-23 (S 2-23f Kalispell City Code) is hereby amended to read as follows: PREPARATION' AND REVIEW a. Preparation. All Ordinances and Resolutions shall be prepared by the City Attorney. b. Review. All ordinances, Resolutions, and contract documents shall, before presentation to the Council, be reviewed by the City Manager or his authorized representative. SECTION Ill. That Ordinance No. 1166, § 2-53 (§ 2-53, Kalispell City Code) is hereby amended to read as follows: CITY ATTORNEY - APPOINTMENT The City Attorney shall be appointed by the City Manager and may be suspended or removed by the City Manager With the consent of the Council as provided by law or ordinance. SECTION IV. That Ordinance No. 1166, 5 2-54 (9 2-541 Kalispell City Code) - is hereby amended to read as follows: CITY ATTORNEY - DUTIES The City Attorney, subject to the charge and supervision of the City Manager, shall: a. Attend to matters before the City Court, the District Court and the Montana supreme Court. and such other Courts as the council may direct; provided, Lded, however, that the City Attorney shall have sole prosecutorial discretion as to all criminal matters in City Court and upon appeal. b. Draft for City Manager review on behalf of the City all contracts, Ordinances and Resolutions; C. Advise the manager, all Department Directors, and the Council on matters of duties, rights, liabilities and powers of the City; d Perform such other functions and duties as directed by the City Manager. SECTION V. That the City Attorney is hereby authorized and directed to recodify 99 2-3, 2-23, 2-53, 2-54, in accordance with this ordinance. SECTION VI. This Ordinance shall take effect 30 days from and after its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 17TH DAY OF SEPTEMBER, 2001. Wm. E. oharski Mayor ATTEST: \Z� Lef Theresa White City Clerk