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City of Cleveland Codified Ordinances, Chapter #125
PART ONE — ADMINISTRATIVE CODETitle V — Administrative OrganizationChapter 125 — Department of LawComplete to June 30, 2007
CROSS REFERENCES
Qualifications and duties of Director, Charter § 83
Director as Prosecuting Attorney, Charter § 84
Suits Affecting City, Charter § 85
Legal opinions, Charter § 86
Director as City Solicitor, Charter § 93
Provisions for Municipal Court, CO Ch 149
Legal action by Director regarding Zoning Code enforcement, CO 327.03
(a) The work of the Department of Law shall be distributed between a civil branch and a criminal branch. The Director of Law shall supervise and control the Department. He may appoint such number of Assistant Directors of Law as he deems necessary for the proper conduct of the work of the civil branch, whose appointments shall be subject to the approval of Council, three of whom he may designate as Chief Counsel, Chief Trial Counsel and Chief Corporate Council, and not to exceed eight of whom he may designate as Chief Assistant Director of Law.
(b) The Director shall be the Prosecuting Attorney of the Municipal Court, pursuant to the provisions of Charter Section 84. He may also designate not more than twenty-one assistant prosecutors, whose appointments shall be subject to the approval of Council. Two of such assistant prosecutors shall be known, respectively, as Chief Assistant Prosecutor and First Assistant Prosecutor.
(c) The Director is hereby authorized to employ such number of clerks, stenographers and persons in other classifications as he may deem necessary.
(Ord. No. 126-01. Passed 3-26-01, eff. 4-2-01)
The Director of Law shall assign an assistant director of law to serve as legal counsel for the Board of Appeals established pursuant to Charter Section 76-6 and for the Building, Housing and Health Commissioners. The person so assigned shall be under the immediate supervision and direction of the Director, and shall prosecute in the Municipal Court all violations of the provisions of the Building Code, Housing Code and Health Code, or with reference to the type, design, construction, materials used, use or occupancy of any structure in the City. He shall perform such other and further duties as may be required of him by the Director or by ordinance. He shall have an office in the City Hall and issue therefrom summons in the name of the Director, hold hearings thereon, prepare affidavits for warrants and see to it that warrants are issued thereunder and have charge of the conduct of all prosecutions arising thereunder.
(Ord. No. 1742-46. Passed 2-3-47)
The Director of Law shall have the power, and authority to adjust, settle, compromise or submit to arbitration any actions, causes of action, accounts, debts, claims, demands, disputes and matters in favor of or against the City, or in which the City is concerned as debtor or creditor, now existing or which may hereafter arise.
(Ord. No. 56990. Passed 2-27-22)
The Director of Law may, in special emergencies and out of the funds provided therefor by Council, employ associate counsel for special work relating to his office, and when matters involving patents are referred to him for opinion, he may procure out of such funds the necessary opinions from practitioners in patent law.
(Ord. No. 63410-A. Passed 9-22-24)
The Director of Law, and such assistant directors of law as he may designate, may serve as legal advisor and attorney for the Board of Education of the Cleveland City School District. The Director is authorized to enter into any agreement which may be necessary to provide for such legal services to the Board and to negotiate a fee arrangement with the Board for reasonable compensation therefor. For providing legal services the Director and such assistant directors as he may designate, may accept additional compensation from the treasury of the Board in addition to the salary received from the City Treasury.
(Ord. No. 1571-70. Passed 9-2-70, eff. 9-8-70)
The Director of Law may employ such experts as necessary to prosecute or defend suits for or in behalf of the City provided, however, that the cost of any such contract for expert services shall not exceed ten thousand dollars ($10,000).
(Ord. No. 2960-86. Passed 2-9-87, eff. 2-11-87)
The Director of Law is hereby authorized to pay the registration fee required by the Ohio Supreme Court to practice law in the State of Ohio for himself and the attorneys appointed by the Director in the civil and criminal branches of the Department of Law.
(Ord. No. 68-88. Passed 1-25-88, eff. 2-1-88)
The Director of Law is hereby authorized to charge and collect a fee from non-City employees to participate in legal education and training programs organized or sponsored by the Department of Law and conducted in accordance with Ohio's continuing legal education program. The amount of the fee for each program shall be fixed by the Director of Law. The fees collected pursuant to this section shall be deposited into Fund No. 12 SF 146 and are hereby appropriated to pay the cost of the programs organized or sponsored by the Department of Law, including the cost of the lecturers, facilities, materials, and refreshments, the cost of the participation by attorneys in the Department of Law in other continuing legal education programs and the other expenses of the Department of Law.
(Ord. No. 877-91. Passed 4-29-91, eff. 5-2-91)
The Director of Law is authorized to enter into subscription, license and other agreements necessary to obtain electronic online access to computer-assisted legal and other research databases, materials and services required for the work of the Department of Law.
(Ord. No. 355-01. Passed 5-21-01, eff. 5-31-01)
(a) The civil branch of the Department of Law shall contain a Legislative Service Division. The Director of Law shall appoint and fix the compensation of attorneys and other technical, professional and clerical staff necessary to perform the duties of the Legislative Service Division. The Director of Law shall report directly to City Council on matters involving the Legislative Service Division.
(b) The Legislative Service Division shall, in conjunction with City Council staff, provide the following legal services at the request of the Council President, any City Council Committee, or any member of City Council:
(1) assist and cooperate with any City Council Committee;
(2) prepare legislation;
(3) provide impartial and accurate information and reports on legislative issues in accordance with the Rules of Council;
(4) educate City Council members on community development block grant policies and issues and assist City Council members in utilizing funds, including, community development block grant and neighborhood equity funds;
(5) advise members on the effects of ordinances and resolutions; and
(6) any other legal duties as requested.
(c) The Legislative Service Division shall be provided with adequate office space in the Law Department for its operation.
(Ord. No. 1484-A-01. Passed 2-4-02, eff. 2-13-02)
The Director of Law is authorized to enter into one or more agreements with law schools for the City to participate in student intern programs, including programs where the City receives reimbursements of salaries or stipends paid to law students interning at the Department of Law, programs where the law students receive funds directly from the law school or another source for interning at the Department of Law, programs where the City provides a portion of the salaries or stipends paid to law students interning at the Department of Law, and programs where the law students receive academic credit for interning at the Department of Law.
(Ord. No. 2066-05. Passed 12-5-05, eff. 12-12-05)
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