2.10.110 Office of Legal Services.
(1) The City Attorney shall be the Chief Legal Officer of the City and shall be responsible to the Mayor for administration of the Office of Legal Services and to the Mayor and Municipal Council for the proper administration of the legal affairs of the respective executive and legislative branches of City government. Said Attorney, or the City Attorney’s designated deputies or assistants, shall have the following responsibilities:
(a) prosecution of all charges of violations of any section within the Provo City Code or other municipal ordinances and City regulations in the courts or administrative tribunals;
(b) prosecution and defense of all actions and appeals involving the City in all courts and before all boards, commissions and administrative agencies;
(c) to furnish legal advice, counsel and assistance to the Mayor, the Municipal Council and all other officers, offices, departments, boards, commissions and agencies, in relation to their duties and the business of the City;
(d) to direct and/or coordinate as determined by the administration or Municipal Council respectively all legal services performed by special counsel for the City who may be employed from time to time to provide legal services for the City;
(e) to prepare as requested or approve as to legal form all ordinances and resolutions presented to the Mayor or Municipal Council;
(f) to approve as to legal form all contracts entered into by the City;
(g) to make the necessary affidavits and verifications on behalf of the City in any and all proceedings; and
(h) to assist in property acquisition and disposition as directed by the Administration.
(2) The foregoing notwithstanding, the City Attorney shall not in any instance, either personally, or by deputies, act as both prosecutor or advocate before and at the same time advisor to any board, commission, agency, officer, official, or body of the City. In cases where such conflict shall arise the Mayor may employ special counsel who shall not be subject to the control or direction of the City Attorney in such manner, and who shall act as advisor to such board, commission, agency, officer, official, or body.
(3) Nothing herein shall be construed to prohibit either the Municipal Council or Mayor from retaining separate counsel to assist in legal issues, arising out of differences between the two branches.