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CHARTER OF CITY OF CLEVELAND

Chapter 15 — Department of Law

Complete to June 30, 2009

§ 83     Director of Law; Qualifications and Duties

The Director of Law shall be an attorney at law admitted to practice in the State of Ohio. He shall be the legal advisor of and attorney and counsel for the City, and for all officers and departments thereof in matters relating to their official duties. He shall prosecute or defend all suits for and in behalf of the City, and shall prepare all contracts, bonds and other instruments in writing in which the City is concerned and shall endorse on each his approval of the form and correctness thereof. No such bond, contract or instrument shall become effective without such endorsement by the Director of Law thereon.
(Effective November 9, 1931)

§ 84     Director as Prosecuting Attorney

The Director of Law shall be the Prosecuting Attorney of the Municipal Court. He may designate such number of assistant prosecutors as the Council by ordinance may authorize. He shall prosecute all cases brought before such Court and perform the same duties, so far as they are applicable thereto, as are required of the Prosecuting Attorney of the County.
(Effective November 9, 1931)

§ 85     Suits Affecting City

When required to do so by resolution of the Council, the Director of Law shall prosecute or defend for and in behalf of the City, all complaints, suits and controversies in which the City is a party, and such other suits, matters and controversies as he shall, by resolution or ordinance, be directed to prosecute or defend.
(Effective November 9, 1931)

§ 86     Legal Opinions

The Council, the director of any department, or any officer or commission not included within a department, may require the opinion of the Director of Law upon any question of law involving their respective powers or duties.
(Effective November 9, 1931)

§ 87     Application for Injunction

The Director of Law shall apply, in the name of the City, to a court of competent jurisdiction for an order of injunction to restrain the misapplication of funds of the City, or the abuse of its corporate powers, or the execution or performance of any contract made in behalf of the City in contravention of law, or which was procured by fraud or corruption.
(Effective November 9, 1931)

§ 88     City Contracts and Easements

When an obligation or contract made on behalf of the City, granting a right or easement, or creating a public duty, is being evaded or violated, the Director of Law shall likewise apply for the forfeiture or the specific performance thereof as the nature of the case requires.
(Effective November 9, 1931)

§ 89     Mandamus

In case any officer or commission fails to perform any duty required by law, the Director of Law shall apply to a court of competent jurisdiction for a writ of mandamus to compel the performance of such duty.
(Effective November 9, 1931)

§ 90     Taxpayer's Suit

In case the Director of Law, upon written request of any taxpayer of the City, fails to make any application provided for in the preceding three sections, such taxpayer may institute suit or proceedings for such purpose in his own name on behalf of the City. No such suit or proceeding shall be entertained by any court until such request to the Director of Law shall first have been made, nor until the taxpayer shall have given security for the costs of the proceedings.
(Effective November 9, 1931)

§ 91     Time Limitation to Bring Action

No such action to enjoin the performance of a contract entered into, or the payment of any bonds or notes issued by the City, shall be brought or maintained unless commenced within one year from the date of such contract, bonds or notes.
(Effective November 9, 1931)

§ 92     Hearing, Judgment and Costs

If the court hearing any such action be satisfied that the taxpayer had good cause to believe his allegations were well founded, or that they are sufficient in law, it shall make such order as the equity and justice of the case demand. In such case the taxpayer shall be allowed his costs, and if judgment be finally entered in his favor, he may be allowed as part of the costs a reasonable compensation for his attorney.
(Effective November 9, 1931)

§ 93     Director as City Solicitor

In addition to the duties imposed upon the Director of Law by this Charter or required of him by ordinance, he shall perform the duties which are imposed upon City solicitors by the general law of the State, beyond the competence of this Charter to alter or require.
(Effective November 9, 1931)

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