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(a) Created – City Attorney. There is hereby created a Legal Department. The City Attorney shall be appointed by the City Manager. The City Manager, pursuant to Charter Ordinance No. 94, Section 21 (Appendix A, Section A2-54), shall be responsible for supervising and evaluating the performance of the City Attorney. The City Attorney shall be responsible for the overall operation of the Department.

(b) Outside Practice Prohibited. The City Attorney and Assistant City Attorneys shall be prohibited from providing legal representation to any client outside of the scope of the attorney’s duties for the City; provided, however, that the City Manager may, with notice to the Governing Body, grant a temporary exception to this prohibition to permit an attorney to conclude and terminate representation of clients that commenced prior to the attorney beginning employment with the City; and provided further, that the attorney can perform such legal services without interfering with the attorney’s job duties to the City, without conflict of interest to the City of Topeka, and in accordance with the Kansas Rules of Professional Conduct. (Ord. 20300 § 7, 6-8-21. Formerly 2.30.070.)

Cross References:Municipal Court, Chapter 2.40 TMC.

The following sections refer to Legal Department and City Attorney responsibilities: Municipal Court, TMC 2.40.110, 2.40.160, 2.40.170, 2.40.180, 2.40.210, 2.40.420, 2.40.450, 2.40.460, 2.40.480, 2.40.490, 2.40.500, 2.40.520, 2.40.530; Board of Building and Fire Appeals, Chapter 2.235 TMC; Sustainability Advisory Board, TMC 2.240.020; Americans with Disabilities Act Advisory Council, Chapter 2.250 TMC; expenses and fees, TMC 3.10.010; bonds, TMC 3.15.020; grants, TMC 3.20.010, 3.20.020; funds, TMC 3.25.040; contracts and purchases, TMC 3.30.110; claims and awards, Chapter 3.35 TMC; Capital City downtown business improvement district, TMC 3.40.050; property taxes, TMC 3.55.030; ambulance services, TMC 5.25.140; construction and building licenses, TMC 5.63.020; merchant or private police, TMC 5.90.130, 5.90.140, 5.90.190, 5.90.200; mobile home contractors and craftsmen, TMC 5.95.090; tobacco/novelty retail license, TMC 5.160.020; tree, shrub and vine services, TMC 5.165.020; blasting, TMC 8.40.050; abandoned and junked vehicles, TMC 10.25.030; taxicabs, TMC 10.65.120; streets, sidewalks and public property, TMC 12.05.040; right-of-way excavation, TMC 12.30.060; zoning code, TMC 18.50.110, 18.55.005, 18.245.020.