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Town of Cortlandt, NY
Westchester County
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Table of Contents
Table of Contents
Code
New Laws (1) Index
[HISTORY: Adopted by the Town Board of the Town of Cortlandt 12-9-1997 by L.L. No. 9-1997.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law repealed former Ch. 59, Law, Department of, adopted 5-15-1990 by L.L. No. 6-1990.
The Town Board, in its attempt to clarify the duties and responsibilities of all various departments of the town, is desirous of establishing all departments by clear legislative enactments. Furthermore, during 1990, the Town Code underwent a recodification and the Town Board was presented with an ideal opportunity to review and revise all of its needed legislation. The position of Town Attorney has heretofore never been formally established prior to 1990. Now, it is the desire of the Board to clarify the duties of the position and continue the office.
There is hereby established in the Town of Cortlandt a Department of Law.
[Amended 9-20-2022 by L.L. No. 7-2022]
The Department of Law will be responsible for all of the legal needs of the Town. The Department will be responsible for the following:
A. 
The handling of all lawsuits commenced against the Town.
B. 
The supervision of all claims filed against the Town and forwarded to the Town's insurance carriers.
C. 
The assignment and supervision of all outside attorneys retained by the Town subject to the budget established by the Town Board.
D. 
The authorization and approval of the payment of claims not exceeding $10,000 within the Town budget established by the Town Board.
E. 
The prosecution of all violations of any local law or ordinance of the Town by either the filing of criminal or civil actions without the further approval of the Town Board.
F. 
On a quarterly basis, providing the Town Board with a full report as to the status of all the legal dealings of the Town.
G. 
Any claim filed against the Town shall first be reviewed by the Department before it is filed with the insurance carrier for the Town.
[Amended 9-20-2022 by L.L. No. 7-2022]
The head of the Department of Law shall be appointed by the Town Board for a term of two years. Said two-year term shall run concurrently with that of the Town Supervisor. The department head will be called the Town Attorney. The department head shall possess the following minimum requirements and must:
A. 
Be licensed to practice law in the State of New York with at least 10 years' experience or five years' municipal law experience.
B. 
Have a knowledge of municipal law in a form and manner acceptable to the Town Board.
C. 
The position may be full-time or part-time.
D. 
Be a resident of the State of New York.
The Town Board may approve such deputies, assistants and staff as the Town Board determines are necessary from time to time.
The department head appointed hereunder is the Chief Legal Officer of the town and will serve either on a full-time or part-time basis as the budget shall determine.
Pursuant to the authority of the Town Board under the provisions of the Municipal Home Rule Law, this chapter supersedes and replaces §§ 20 and 23 of the Town Law and Public Officers Law § 3 as they are applicable to the Town of Cortlandt.