[Adopted as part of Ch. 2 of the 1963 City
Code (Ch. 2, Art. X, of the 1980 Code); amended in its entirety 5-7-2024 by Doc. 37-B]
The City Solicitor shall be an attorney and counsellor at law
admitted to practice in the courts of the commonwealth and may be
a law firm who shall designate a lead attorney for the City who shall
be considered the Solicitor. They alone shall act as the legal adviser
and Solicitor of the City except in special cases in which the Mayor
or City Council may authorize or require them to secure the advice
or services of such additional counsel as the Mayor may deem best,
and no money shall be paid from the City treasury for any legal service
or advice without the sanction of the Mayor as authorized by this
chapter.
The Assistant City Solicitors shall be attorneys and counsellors
at law admitted to practice in the courts of the Commonwealth and
may be a law firm who shall designate a lead attorney for the City
who shall be considered the Assistant Solicitor. They shall make any
and all investigations of matters concerning the City that may be
referred to them by the City Solicitor. They shall further assist
the City Solicitor in the legal affairs of the City in such manner
and to such an extent as the City Solicitor may designate.
In case of a vacancy in the office of City Solicitor by reason
of death, disability, resignation or removal, the Mayor may appoint
some qualified person to perform the duties of the office so made
vacant.
It shall be the duty of the City Solicitor to examine all titles
to property which so requested for a public or municipal purpose by
the Mayor or City Council or by a City official; also, to draft or
approve all bonds, deeds, leases, contracts, conveyances, obligations,
agreements and all other legal instruments which may be required of
them by the Mayor or City Council or by any ordinance, order or rule
thereof, and to which the City or its agents may be a party and the
expense of which by law, usage or agreement the City is to bear.
The City Solicitor shall, whenever requested, furnish legal
advice to the Mayor or the City Council or to any board or officer
of the City government upon any subject touching the duties of their
respective offices, but, whenever the opinion is required to be in
writing, the question submitted for their consideration in the request
shall also be stated in writing.
The City Solicitor shall approve the form of all bonds of municipal
officers; they shall commence and prosecute all suits or actions brought
by order of the Mayor or City Council; and they shall also commence
and prosecute all such actions and other proceedings in law and equity
as they may be advised are well grounded, and as are desired to be
begun by the head of any municipal department or by any officer thereof,
touching the business of the City or of any department thereof and
growing out of any estate, claim, right, privilege or demand of or
on the City, subject always to the consent and approbation of the
Mayor or City Council.
The City Solicitor shall appear before any court in the commonwealth
or of the United States in defense of all actions or suits brought
against the City or its officers in their capacity, wherein the rights,
estates, privileges, ordinances or acts of the City or breach of any
ordinance may be called in question. They shall also try and argue
any and all causes to which the City shall be a party, before any
tribunal, whether in law or equity, in the commonwealth, or before
any referee, master, arbitrator or board of commissioners.
The City Solicitor shall appear as counsel for the City before
the Legislature of the commonwealth, or any committee thereof whenever
requested by the Mayor or City Council, concerning any matter in which
the interest and welfare of the City may be by the Mayor or the City
Council adjudged to be directly or indirectly affected.
The City Solicitor shall in all matters do every professional
act incident to their office which may be required of them by the
Mayor or City Council or by any order or ordinance thereof.
The City Solicitor may take any steps and incur any expense,
to be charged to the proper appropriation, as they may deem necessary
in prosecuting and defending suits, and they may settle any suit against
the City when such settlement shall be approved by the Mayor and if
an appropriation is required, by the City Council as well.
The City Solicitor shall receive as full compensation for their
services such salary or compensation under a fee agreement as the
Mayor may determine, and as appropriated by the City Council. Whenever
their attendance may be required out of the City on official business,
their reasonable traveling expenses shall be allowed them.
A. Every claim for damages against the City, except claims for damages
on account of the laying out, altering or widening of streets and
ways, or for the taking of land, and except claims for damages resulting
from the abatement of nuisances by the City Council or the Board of
Health, shall immediately be brought to the attention of the City
Solicitor by whatever department, board or officer of the City first
receives notice thereof.
B. Immediately upon receipt of notice of any such claim against the
City, the City Solicitor shall see that the proper steps are taken
to obtain evidence as to the facts upon which such claim purports
to be based. If it is a claim for damages for injury caused by accident
for which the City is in any way alleged to be or may be held responsible,
they shall cause a full and immediate investigation of all the circumstances
surrounding the accident to be made by some proper and competent person
and a complete report thereof to be made to them.
C. Every department, board or officer of the City having knowledge of
the occurrence of any accident as the result of which any claim might
be made against the City or any of its departments shall without delay
give notice to the City Solicitor thereof.
The City Solicitor shall not, directly or indirectly, defend
or assist in the defense of any person charged with the commission
of a crime within the limits of the City, nor shall they defend or
assist in defending against any proceeding for the forfeiture of any
property seized within the limits. They shall upon request of the
City Chief of Police advise and assist in any such prosecution or
forfeiture proceedings on behalf of the City.