[Adopted as §§ 2-65 through 2-74 of the
1965 Code]
[Amended 6-3-2014 by Ord. No. 100-2014]
The City Solicitor shall be in charge of the
Law Department. He or she shall be appointed by the Mayor in January
of each year for the term of one year, without confirmation by the
Council, and shall be subject to removal by the Mayor.
[Amended 4-2-1991 by Ord. No. 82-91; 6-3-2014 by Ord. No. 100-2014]
The City Solicitor shall be a member of the
bar of the commonwealth. He or she shall not hold any other office
for which he or she receives compensation from the City during the
term of his or her office.
It shall be the duty of the City Solicitor:
A.
To pass on all titles to real and personal property
in which the City may be interested.
B.
To draft or approve in writing the form and legality
of all instruments, contracts and papers which may be required by
the Mayor, Council, any committee thereof, any board, department,
department head or by the School Committee and which, by law, usage
or agreement, the City is to be at the expense of drawing.
C.
To give his or her legal opinion and advice on all
affairs relating to the City when required by the Mayor, Council or
committee thereof or by the School Committee or any of the officers,
boards or departments of the City.
[Amended 6-3-2014 by Ord. No. 100-2014]
D.
To commence and prosecute all suits or actions brought
by the City and to defend all actions or suits brought against the
City or any of its officers, boards or departments in their official
capacity, in any court or before any tribunal, wherein any right,
privilege, estate, ordinance, act or franchise of the City, its officers,
boards or departments may be affected or brought in question.
E.
To appear, when requested, as prosecuting attorney
in all complaints in the District Court of the City for the violation
of the liquor laws or the ordinances of the City.
F.
He or she shall not appear as counsel for or on behalf
of any person in the Criminal Court where the prosecution has been
instituted by the Police Department of the City.
[Amended 6-3-2014 by Ord. No. 100-2014]
[Amended 6-3-2014 by Ord. No. 100-2014]
The City Solicitor shall note his or her approval
on all contracts, agreements, documents or bonds that are submitted
to him or her by the Mayor or the various City officers, boards or
departments in the following form:
|
Approved as to form and legality, this___________day
of ____________________ 20_____.
| |
|
City Solicitor
| |
The City Solicitor shall file with the City
Clerk copies of all written opinions furnished any officer, board
or committee of the City.
[Amended 6-3-2014 by Ord. No. 100-2014]
The City Solicitor may be allowed necessary
clerical assistance employed in his or her office and his or her reasonable
expenses in addition to his or her salary.
[Amended 6-3-2014 by Ord. No. 100-2014]
The City Solicitor shall attend all meetings
of the Council and of the Legislative and Claims Committees and shall
also attend such other meetings as he or she may be requested to attend
by the Mayor or by the Chair of any committee of the Council.
[Amended 6-3-2014 by Ord. No. 100-2014]
The City Solicitor shall keep a docket giving
the names of the parties who have brought suits against the City or
against whom the City has any action pending. He or she shall keep
all records relating to legal affairs of the City in a suitable file,
properly indexed.
[Amended 6-3-2014 by Ord. No. 100-2014]
The City Solicitor shall have the right to engage
special counsel only if and when he or she is authorized so to do
by order of the Council with the approval of the Mayor.
The City Solicitor may appoint, without confirmation
by the Council, an Assistant City Solicitor, who shall perform work
as directed by the City Solicitor. His term of appointment shall be
for such periods of time as may be determined necessary by the City
Solicitor, but in no event beyond the term of one year.
