§ 14-43-319 — City attorney in mayor-council cities of fewer than 5,000

(a) (1) If not established by ordinance that the office of the city attorney will be appointed, the qualified voters of cities of the first class having a population of fewer than five thousand (5,000) and having the mayor-council form of government shall elect a city attorney for four (4) years on the Tuesday following the first Monday in November 2006 and every four (4) years thereafter. (2) An incumbent city attorney shall continue in office until his or her successor is elected and qualified. (b) (1) If no attorney residing in the city is elected as city attorney, the city council may select a resident attorney to fill the office for the remainder of the unfilled term. (2) (A) If no resident attorney of the city is willing to serve as city attorney or if no attorney resides within the limits of the city, the mayor and city council may contract with any licensed attorney of this state or the attorney's firm to serve as legal advisor, counselor, or prosecutor until a qualified city attorney is elected or qualified. (B) The duties of a nonresident attorney under contract shall be prescribed by ordinance.

Legislative History

Acts 2005, No. 387, § 1.