[HISTORY: Adopted by the Town Board of the Town of Dickinson 1-6-1988 by L.L. No. 1-1988; amended in its entirety 1-17-2000 by L.L. No. 1-2000 (Ch. 3 of the 1983 Code). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification of employees — See Ch. 28.
Planning Board and Zoning Board of Appeals — See Ch. 151.
This chapter is enacted pursuant to the authority of Chapter 365 of the Laws of 1976 which added a new Subparagraph (3) to Paragraph d of Subdivision 1 of § 10 of the Municipal Home Rule Law, authorizing a Town to adopt a local law which may amend or supersede in its application to it, any provision of the Town Law relating to the property, affairs or government of the Town or in relation to any of the other enumerated subject matters in such § 10, unless there is a state legislative restriction on such amendment.
The Town Attorney of the Town of Dickinson at the time of his or her appointment and throughout his or her term of office need not be an elector of the Town of Dickinson so long as he or she is a resident of the County of Broome of the State of New York.
The Town Board of the Town of Dickinson, having established the office of the Town Attorney of the Town of Dickinson, shall fix the salary of such officer in the manner set forth hereinafter. In addition, the Town Board of the Town of Dickinson may employ counsel to the Town Attorney of the Town of Dickinson in respect to any particular subject matter, proceeding or litigation.
A. 
The Town Attorney of the Town of Dickinson shall be compensated by a fixed salary for the following services:
(1) 
Attending (as requested by the Town Board) regular meetings, special meetings and work sessions of the Town Board of the Town of Dickinson and furnishing legal advice to the Town Board of the Town of Dickinson during said meetings and work sessions.
(2) 
Preparing ordinances, resolutions and local laws for consideration by the Town Board of the Town of Dickinson.
(3) 
Preparing and reviewing contracts to which the Town of Dickinson is a party.
(4) 
Reviewing competitive bidding documents and bids.
(5) 
Furnishing legal interpretations and opinions concerning the Town ordinances, local laws and other Town legislation.
(6) 
Preparation of legal notices relating to the Town budget, zoning ordinance amendments, ambulance services agreements, fire protection contracts, meetings of the Board of Assessment Review, completion of the real estate tax assessment roll, Zoning Board of Appeals hearings, Planning Board hearings, local laws and other matters.
(7) 
Preparation of that portion of the annual report which is filed with the New York State Comptroller which describes tort claims pending against the Town; preparing other reports required by law.
(8) 
Furnishing legal advice to Town officers, Town Board members and Town boards such as Town Zoning Board of Appeals, Town Planning Board and Town Tax Assessment Board of Review.
(9) 
Assistance to Town of Dickinson Highway Superintendent regarding various matters concerning the Highway Department of the Town of Dickinson.
(10) 
Review of deeds of dedication relating to proposed Town highways.
(11) 
Attending, upon request, meetings of the Town of Dickinson Zoning Board of Appeals and Town of Dickinson Planning Board.
(12) 
Preparation of drafts of various correspondence for signature by various Town officials.
(13) 
Miscellaneous legal matters.
B. 
The Town Attorney of the Town of Dickinson shall be compensated at an hourly rate to be set from time to time by the Town Board of the Town of Dickinson for the performance of legal services not listed above which do not occur on a regular basis regarding which the Town Board requests the Town Attorney's assistance, such as legal services relating to:
(1) 
Litigation commenced by the Town.
(2) 
Prosecution of alleged violations of Town ordinances and local laws.
(3) 
Litigation commenced against the Town where there is not insurance coverage providing the cost of defense to the Town.
(4) 
Collective negotiations under the Taylor Law (Article 14 of the Civil Service Law) and drafting of contracts between the Town and any recognized or certified employee organization; representing the Town in connection with hearings or proceedings before the New York State Public Employment Relations Board.
(5) 
Any sewer districts, water districts or other special districts now existing or hereafter created in the Town of Dickinson. Compensation at an hourly rate for services performed hereunder shall be made pursuant to the voucher method upon submission of such documentation as the Town Board may require.
C. 
All fixed salary payments to the Town Attorney of the Town of Dickinson made pursuant to Subsection A hereinabove and all hourly rate payments to the Town Attorney of the Town of Dickinson made pursuant to Subsection B hereinabove shall be made on the payroll method so that all of such payments shall be subject to payroll withholdings. The Town of Dickinson shall make social security contributions in connection therewith. The Town of Dickinson shall take all of those salary payments and hourly rate payments into account in calculating such Town Attorney's salary for salary, payroll and retirement system purposes; and the totals thereof shall be the basis for such Town's contribution on behalf of the Town Attorney of the Town of Dickinson to the New York State Employee's Retirement System. The Supervisor of the Town of Dickinson and the Finance Director of the Town of Dickinson are hereby authorized to take appropriate steps and to prepare and file all appropriate forms and statements in order to carry out said purposes.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).