[Adopted as part of Ch. 2 of the 1963 City
Code (Ch. 2, Art. X, of the 1980 Code)]
[Amended 3-26-1968 by Doc. 78]
The City Solicitor shall be an attorney and
counsellor at law admitted to practice in the courts of the commonwealth,
a legal resident residing in the City with his residency as his legal
domicile and a legal voter of the City. He alone shall act as the
legal adviser and Solicitor of the City except in special cases in
which the City Council may authorize or require him to secure the
advice or services of such additional counsel as it may deem best,
and no money shall be paid from the City treasury for any legal service
or advice without the sanction of the City Council as authorized by
this chapter.
[Amended 3-26-1968 by Doc. 78-B]
The Assistant City Solicitors shall be attorneys
and counsellors at law admitted to practice in the courts of the commonwealth,
legal residents residing in the City with their residency as their
legal domicile and legal voters of the City. 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 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 him by the 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 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 his consideration in the request
shall also be stated in writing.
The City Solicitor shall approve the form of
all bonds of municipal officers; he shall commence and prosecute all
suits or actions brought by order of the City Council; and he shall
also commence and prosecute all such actions and other proceedings
in law and equity as he 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 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. He 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 City Council, concerning any matter
in which the interest and welfare of the City may be by the City Council
adjudged to be directly or indirectly affected.
The City Solicitor shall in all matters do every
professional act incident to his office which may be required of him
by the 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 he may
deem necessary in prosecuting and defending suits, and he may settle
any suit against the City when such settlement shall be approved by
the City Council.
[Amended 7-10-2007 by Doc. 76]
The City Solicitor shall receive as full compensation
for his services such salary as the City Council may determine. Whenever
his attendance may be required out of the City an official business,
his reasonable traveling expenses shall be allowed him.[1]
[1]
Editor's Note: Original § 2-126
of the 1980 Code, Annual report, which immediately followed this section,
was deleted 7-10-2007 by Doc. 76.
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, he 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 him.
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 he defend or assist
in defending against any proceeding for the forfeiture of any property
seized within the limits. He shall upon request of the City Chief
of Police advise and assist in any such prosecution or forfeiture
proceedings in behalf of the City.
