Sec. 12. The head of the department of law shall:
(1) manage the legal affairs of the city;
(2) prosecute violators of city ordinances;
(3) give legal advice to the officers, departments, boards,
commissions, and other agencies of the city;
(4) draft ordinances or other legal papers for the city and its
departments, boards, commissions, and other agencies when
requested by the proper officer;
(5) maintain custody of the records of the department head's office
and turn them over to the department head's successor in office;
(6) make all title searches and examine all abstracts required in
public work of any kind, including opening, widening, or
changing a street, alley, or public place;
(7) promptly commence all proceedings necessary or advisable
for the protection or enforcement of the rights of the city or the
public;
(8) use all diligence to collect costs, fees, and recoveries within
the scope of the department head's duties;
(9) report, in writing, to the city executive all matters that the
department head considers important; and
(10) report, in writing, to the city fiscal officer all judgments for
which the city is liable.
Officers, departments, boards, commissions, and other agencies of the
city may not employ attorneys without the authorization of the head of
the department of law.
[Pre-Local Government Recodification Citations: Part new;
18-1-6-13 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts
1981, P.L.17, SEC.25; P.L.127-2017, SEC.137.
IC 36-4-10Chapter 10. City Clerk and Fiscal Officer
36-4-10-2City clerk or city clerk-treasurer; election; fiscal
officer; term of office; immunity 36-4-10-5Second class cities; fiscal officer; duties 36-4-10-5.5Employment of attorneys or legal research
assistants 36-4-10-7Third class cities; clerk's deputies and employees 36-4-10-9Clerk or clerk-treasurer unable to perform fiscal
responsibilities
Notes of Decisions
Turner v. Bd. of Aviation Commissioners, 743 N.E.2d 1153 (Ind. Ct. App. 2001).
· cites it 10× “In support of his argument, Turner cites Ind.Code § 36-4-9-12, which provides, in relevant part: The head of the department of law shall: * * * * * (4) draft ordinances or other legal papers for the city and its departments, boards, commissions, and other agencies when requested…”
Rynerson v. City of Franklin, 669 N.E.2d 964 (Ind. 1996).
· cites it 2× “See Ind.Code § 36-4-9-12 (1998) (powers and duties of city attorney).”
Thornton v. Barnes, 890 F.2d 1380 (7th Cir. 1989).
“” Ind.Code § 36-4-9-12 (emphasis supplied).”
City of Marion v. London Witte Grp., LLC, 147 N.E.3d 362 (Ind. Ct. App. 2020).
· cites it 2× “Ind. Code § 36-4-9-12 . It is simply not credible, based either on this record or common knowledge of the way municipalities operate, to conclude that Mayor Seybold dominated the City in any form or fashion.”
Marnocha v. City of Elkhart, No. 3:16-cv-00592 (N.D. Ind. Aug. 27, 2019).
· cites it 2× “See Ind. Code § 36-4-9-12 . In turning to the job description of the Deputy City Attorney, which was specifically tailored for Marnocha when she transferred into that position, Marnocha had the authority to provide legal counsel and representation to all municipal officials,…”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.