There shall be a Department of Law, of which the City Attorney
shall be the head. The City Attorney shall be an attorney and counsellor-at-law
of the State of New York, of at least five years standing, and a resident
elector of the city. He shall serve at the pleasure of the Mayor.
[Added 10-11-1983 by L.L. No. 2-1983; amended 2-18-1986 by L.L. No.
1-1986]
The City Attorney shall appoint an assistant, subject to the
approval of the Mayor. The Assistant City Attorney shall be an attorney
and counselor at law of the State of New York and a resident elector
of the city.
[Amended 10-11-1983 by L.L. No. 2-1983]
The salary of the City Attorney and the Assistant City Attorney
shall cover all services except litigated matters, administrative
proceedings and arbitration proceedings and the Common Council shall
have the power to pay such additional compensation for services in
litigated matters, administrative proceedings and arbitration proceedings
as shall be just and reasonable.
10.6.1 He shall be and act as the sole legal adviser of the
Mayor and the Common Council and of the officers, Boards and departments
of the city. He shall appear for and protect the rights and interests
of the city in all actions, suits and proceedings brought by and against
the city and every city officer, Board or department, except for the
Board of Water and Sewer Commissioners. All such officers, Boards
and departments, except the Mayor or Common Council, shall not employ
other counsel. He shall perform such other professional services relating
to the city as the Mayor or Common Council may direct, and he shall,
when required, prepare all legal papers, contracts, deeds and other
instruments for the city and its departments. He shall attend to all
law business of the city, and discharge such other duties as may be
prescribed in the ordinance by the Common Council. [Amended
10-11-1983 by L.L. No. 2-1983]
10.6.2 No written contract entered into by the city or any of
its officers, Boards or departments shall be acted upon until there
shall be endorsed thereon by the City Attorney a certificate to the
effect that the city officer, Board or department, which has executed
the same on behalf of the city, had authority and power to make such
contract, and that such contract is in proper form and properly executed.
10.6.3 At the expiration of his office, the City Attorney shall
give and deliver to his successor in office, as soon as he is qualified,
the record or register of all suits and proceedings in which the city
or any of its departments may be a party, and all papers on the part
of the city therein; he shall also sign a stipulation for the substitution
of such successor as attorney for the city in such suits or proceedings,
the City Attorney shall also give and deliver to his successor all
files, records, briefs and other papers belonging to the Department
of Law of the City of Glens Falls.
He shall, whenever he considers that the best interests of the
city will be subserved thereby, enter into an agreement in writing,
subject to the approval of the Common Council, to compromise and settle
any claim against the city, which agreement shall be reported to the
Common Council at its next meeting and, when approved by the Common
Council, shall be and constitute a valid obligation against the city.
The City Attorney, when authorized by the Common Council, may
employ counsel to assist him in the argument and conduct of cases
or proceedings in which the city is interested or a party.
The amount of any judgment recovered against the city and payable
by it, remaining unpaid, with the interest due thereon, in case no
appeal is intended to be taken, or in case such judgment is finally
affirmed on an appeal taken, shall be reported by the City Attorney,
immediately after the same shall have become payable, to the Common
Council. The amount of any judgment recovered in favor of the city,
including judgments for costs, shall also be reported to the Common
Council; all costs in litigated cases in which the city is successful
shall belong to the city, and, when collected, shall be paid to the
Controller. [Amended 7-20-2000 by L.L. No. 5-2000]
10.14.1 Contractual claims. No action or proceeding to recover
or enforce any claim, debt or demand against the city shall be brought
until the expiration of 30 days after claim, debt or demand shall
have been presented to the Common Council for audit. All actions brought
against the city upon any contractual liability, express or implied,
must be commenced within one year from the time that the cause of
action accrued. Every process commencing an action or proceeding against
the city shall be served on the Mayor or Acting Mayor or Clerk of
the city, and not otherwise. Nothing herein contained shall be construed
as limiting the time within which actions may be brought to enforce
the payment of principal or of interest on bonds, notes or similar
written evidences of debt lawfully issued by or on behalf of the city.
10.14.2 Claims based, upon defective city property. No civil
action shall be maintained against the city for damages or injury
to person or property sustained in consequence of any street, highway,
tree, bridge, culvert, sidewalk, curbing, crosswalk, public building
or parking area being defective, out of repair, unsafe, dangerous
or obstructed, unless prior written notice of the condition complained
of, relating to the particular place, was actually given to the Mayor,
the City Clerk or some member of the Common Council, and that there
was failure or neglect within a reasonable time after the receipt
of such notice and before the accident, to remedy the condition complained
of.
10.14.3 Claims because of snow or ice. No civil action shall
be maintained against the city for damages or injury to person or
property sustained in consequence of the existence of snow or ice
upon any sidewalk, cross-walk or street, unless written notice thereof,
relating to the particular place, was actually given to the Mayor,
the City Clerk, or some member of the Common Council, and that there
was a failure or neglect, within a reasonable time after the receipt
of such notice, and before the accident, to cause such snow or ice
to be removed, or the place otherwise made reasonably safe.
10.14.4 Actions because of alleged neglect; procedure for presentation
of claim. The city shall not be liable in a civil action for damages
or injuries to person or property, or invasion of personal or property
rights, of any name or nature whatsoever, whether causal or continuing,
arising at law or in equity, alleged to have been caused or sustained,
in whole or in part, by or because of any omission of duty, wrongful
act, fault, neglect, misfeasance or negligence on the part of the
city or any of its agents, servants, officers or employees, unless
a written claim therefor shall be presented to the Mayor or City Clerk
in such form and at such time as is required by the applicable law
of the State of New York.
10.14.5 Presentation of tort claims. In the absence of applicable
state law, all said claims shall be presented within 90 days after
the occurrence giving rise to the claim. It shall be in writing, verified
by the claimant, and shall set forth: (1) the name and post-office
address of the claimant and his attorney, if any; (2) the nature of
the claim; (3) the time when, the place where and the manner in which
the claim arose; and (4) the items of damage or injuries claimed to
have been sustained. A copy of each such claim shall be served personally
or by registered mail to the Mayor or the City Clerk.
10.14.6 The failure to present such claim within 90 days of
such alleged injuries, and to commence an action thereon within one
year and 90 days from the time of such alleged injuries, shall be
a bar to any claim or action therefor against the city; but no action
shall be brought upon any such claim until 30 days have elapsed after
the presentation of the claim to the Council.
No person shall be disqualified from acting as judge or juror
by reason of being an inhabitant or freeholder in the city in any
action or proceeding in which the city is a party or interested.
10.18.1 Civil actions to recover any penalties or forfeiture
incurred under this charter may be brought in any court having jurisdiction
thereof. Such action shall be brought in the corporate name of said
city, and, in any action brought in the city court, it shall be lawful
to complain generally for the amount of such penalty or forfeiture,
stating the section of this charter or of the ordinance under which
the penalty is claimed, and to give the special matter in evidence;
and the defendant may answer by simply denying the truth of the complaint,
and giving the special matter in evidence.
10.18.2 If such action be brought in the city court against
an alleged owner of real property, the fact that title to real property
comes in question on the pleadings, or appears on the trial, shall
not deprive the court of jurisdiction; but it may be litigated and
determined by the judge as the rights of the case may appear; but
such judgment shall not be evidence concerning the title of real property
in any other action or proceeding.
10.18.3 The first process, in any such action brought in the
city court, shall be by summons which may be made returnable forthwith,
and an execution may be issued immediately on the rendition of judgment.
All penalties and forfeitures shall be forthwith upon collection paid
to the City Controller to the credit of the general city fund. [Amended 7-20-2000 by L.L. No. 5-2000]
When judgment shall have been recovered in favor of said city
for any fine, penalty or forfeiture, execution thereon may issue against
the person as well as against the property of the defendant, in the
form prescribed by the law for such execution.
