Sec. 733.48. When(A) Except as provided in division (B) of | 8 |
this section, when it deemsconsiders it necessary, the | 9 |
legislative authority of a
village may provide legal counsel for | 10 |
the village, or for any department or
official thereofof the | 11 |
village, for a period not to exceed two years, and shall provide | 12 |
compensation for suchthe legal counsel. | 13 |
(B) A petition may be filed with the village clerk, signed by | 14 |
registered electors residing in the village equal in number to not | 15 |
less than ten per cent of the total vote cast for all candidates | 16 |
for governor in the village at the most recent general election at | 17 |
which a governor was elected, requesting that the question be | 18 |
placed before the electors whether, instead of the legislative | 19 |
authority appointing legal counsel for the village or for any | 20 |
department or official of the village, the mayor shall appoint an | 21 |
attorney or law firm as the legal counsel with the advice and | 22 |
consent of the legislative authority. Within two weeks after | 23 |
receipt of the petition, the clerk shall certify it to the board | 24 |
of elections, which shall determine its sufficiency and validity. | 25 |
The petition shall be certified to the board not less than | 26 |
seventy-five days prior to the election at which the question is | 27 |
to be voted upon. | 28 |
At the election, if a majority of the electors of the village | 29 |
approves the question, then effective immediately when the mayor | 30 |
considers it necessary, the mayor shall appoint, with the advice | 31 |
and consent of the legislative authority, an attorney or law firm | 32 |
as legal counsel for the village, or for any department or | 33 |
official of the village, for a period not to exceed two years. The | 34 |
appointment of legal counsel under this division shall be pursuant | 35 |
to a contract approved by the mayor and a majority vote of the | 36 |
legislative authority. The contract shall provide for the | 37 |
compensation and other terms of the engagement of the legal | 38 |
counsel, and the legislative authority shall provide that | 39 |
compensation for the legal counsel. | 40 |