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Committee asks whether city attorney’s prosecution authority should be explicit in the charter; state law cited
Summary
Members asked if the charter must explicitly give the city attorney the authority to prosecute ordinance violations. Legal staff pointed to the Home Rule City Act (section 20) and state statute language that assign prosecution duties to the city's attorney.
Committee members asked whether charter language should explicitly grant the city attorney authority to prosecute ordinance violations. The question arose during discussion of section 7.6, which addresses the city attorney’s duties and the city’s legal department.
Legal staff noted that the duty to prosecute ordinance violations and to act as the city’s legal adviser is established in state law. Committee members referenced the Home Rule City Act and a provision discussed in the meeting that states the city attorney "shall be the legal adviser to the council and all officers of the city" and "shall prosecute violations of the ordinances." Counsel directed the committee to the relevant state statute text for confirmation.
Why it matters: Making prosecution authority explicit in the charter would codify a practice that city staff said has been in place for decades, but counsel advised that the authority currently derives from state law. Committee members recommended documenting the statutory source in committee notes and, if desired, adding clarifying charter language to avoid ambiguity.
Next steps: Staff will verify statutory citations and, if necessary, propose a short charter clarifying sentence or a reference to the Home Rule City Act that makes prosecution authority explicit in the charter text.
