There shall be a Department of Law under the direction of a County Attorney who shall be appointed by the County Executive, subject to confirmation by the County Legislature. At the time of his or her appointment, and throughout his or her term of office, the County Attorney shall be and remain duly licensed and entitled to practice law in the State of New York. He or she shall be appointed on the basis of his or her legal experience and other qualifications for the responsibilities of his or her office. The County Attorney may be removed by the County Executive, subject to a two-thirds vote of concurrence by the County Legislature. The County Attorney may also be removed by the County Legislature by a two-thirds vote by the Legislature if he or she refuses to comply with § 8.05 of this article.
[1]
Editor's Note: This local law was vetoed by the County Executive
9-29-2008, which veto was overridden by the County Legislature 9-29-2008.
The local law was then approved at referendum 11-4-2008.
Except as may otherwise be provided in this
Charter, the County Attorney shall, with respect to County civil matters:
(a)
Be the sole legal adviser for the County and its administrative
units, including its officers;
(b)
Prepare all necessary legal papers and instruments;
(c)
Prosecute or defend all civil matters or proceedings
involving the County and its units, including its officers;
(d)
Prepare local laws, resolutions, legalizing acts or
other legislation upon request of the County Executive or a member
of the County Legislature, together with notices and other documents
in connection therewith;
(e)
Execute all tax foreclosure proceedings required in
the name of the County;
(f)
Have all the powers and perform all the duties conferred
or imposed by law on a County Attorney, and perform such other and
related nonconflicting duties required by the County Executive or
the County Legislature.
[Amended 12-20-2007 by L.L. No. 3-2008]
The County Attorney may appoint such Deputy
County Attorneys, assistants and employees of his or her department
as shall be authorized by the County Legislature, including a confidential
secretary, who shall be in the exempt class of the Civil Service.
At the time of his or her appointment, and throughout his or her term
of office, each Deputy County Attorney shall be and remain duly licensed
to practice law in the State of New York. All full-time Deputy County
Attorneys shall not engage in any private practice nor be employed
by any private law firm or other governmental entity in their field
of expertise of employment, except any employee hired prior to December
20, 2007 may continue in any private practice in their field of expertise
until December 31, 2010 as long as they remain in their current position
of County employment. Deputy County Attorneys, assistants and employees
of the department shall be directly responsible to and serve at the
pleasure of the County Attorney.
The County Attorney, subject to approval of
the County Executive, shall designate in writing and in order of succession
the Deputy County Attorneys who shall be acting County Attorney in
the event of his or her absence from the County or inability to perform
and exercise the powers and duties of his or her office. Such designation
shall be filed with the County Executive and the Clerk to the County
Legislature and may be revoked at any time by the County Attorney
by filing a new written designation and order of succession. The Acting
County Attorney shall have all the powers and perform all the duties
of the County Attorney.
[Amended 6-23-2008 by L.L. No. 20-2008]
Whenever the interests of the County Executive
and the Legislature are inconsistent, the County Attorney shall represent
the interests of the Legislature. In such event, nothing herein shall
be construed to deny the County Executive access to obtaining legal
counsel at County expense. The County Attorney shall comply with any
and all lawful and permissible resolutions which may be adopted by
the Legislature. If said resolution is vetoed by the County Executive,
the County Attorney shall represent the Legislature only where the
veto is overridden. If the override fails, the County Attorney shall
represent the will of the County Executive.
The County Attorney shall have the power to
retain special counsel, subject to appropriations made by the County
Legislature.
