The purpose of this chapter is to establish the qualifications,
duties, methods and compensation for the Attorney to the Town of DeWitt
and to establish a procedure for obtaining special counsel. For purposes
of this section, the term "Attorney to the Town of DeWitt" shall mean
either an individual attorney or law firm in which all of the attorney
members meet the qualifications of the Attorney to the Town as hereinafter
provided.
The general duties of the Attorney to the Town shall be to act
as the legal advisor to the Town Board and all of the offices of the
Town. It shall further be the duty of the Attorney to the Town to
advise all officers of the Town on legal matters relating to their
offices and to be a legal advisor to all department heads in carrying
out their official duties; to act as the prosecutor for the Town,
upon appointment, for all violations of Town ordinances for which
said Attorney to the Town has been authorized by the District Attorney,
except for those matters for which special counsel has been retained;
to provide research and drafting assistance for proposed resolutions,
ordinances, and local laws that the Town Board requests, to assist
in real estate transactions that the Town Board requests; to assist
in the drafting and review of any contract in which the Town of DeWitt
is a party; to be present at Town Board meetings and advise the Board
on any issues before the Board, including procedural matters; if so
designated by the Board, to assist the Freedom of Information Officer
of the Town; to serve as legal advisor to all committees of the Town
Board as constituted by the Supervisor and all other boards, commissions,
and task forces unless special counsel has been retained; and to provide
any other legal services the Town Board reasonably determines to be
necessary to be in the best interest of the Town of DeWitt.
The Town Board and the Attorney to the Town, at their discretion,
may obtain special counsel in any of these matters or any other legal
matter in which the Town has an interest.
The Attorney to the Town shall not be an employee or officer
of the Town, except that the Town may hire an Attorney to the Town
as a full-time employee who shall limit his or her efforts to Town
business and shall be an officer of the Town. The Attorney to the
Town shall be compensated pursuant to a written agreement between
the Attorney and the Town which has been approved by the Town Board.
Such agreement may include provisions for payment of an hourly rate
and the reimbursement of expenses incurred on behalf of the Town.
Any payment to the Attorney to the Town or special counsel shall
be at a rate which is approved by the Town Board.