There shall be a Department of Law, the head
of which shall be the City Attorney. He or she shall be appointed
to serve for a term of two years and until the appointment and qualification
of his or her successor. Prior to his or her appointment he or she
shall have been admitted to the bar of the State of New York and actively
engaged in the practice of law in this state for a period of at least
three years.
The City Attorney shall be the legal advisor
of the Mayor and the Council and all departments, except as may otherwise
be provided by this Charter or local law. He or she shall prosecute
and defend actions and proceedings by and against the City and every
department thereof. He or she shall advise the Council as to the form
and sufficiency of all local laws, ordinances and resolutions prior
to their passage, and shall review and approve all contracts, deeds,
documents and instruments prior to the execution thereof by or on
behalf of the City.
The City Attorney shall appoint an assistant
City Attorney and may, within the limits of appropriations by Council
appoint special counsel to assist him or her whenever, in his or her
opinion, the interests of the City so require. Whenever the City Attorney
shall be disqualified with respect to any matter, the Mayor shall
appoint special counsel, to represent the City for and with respect
to such matter.
The City Attorney, subject to the Charter, shall:
A. Serve as attorney and counselor for the City and its
several departments;
B. Conduct appeals from orders, decisions or judgments
affecting any interest of the City, as he or she may in his or her
discretion determine to be necessary or desirable, or as directed
by the Mayor and Council;
C. Subject to the approval of Council, have power to
enter into any agreement, compromise or settlement of any litigation
in which the City is involved;
D. Render opinions in writing upon any question of law
submitted to him or her by the Mayor, the Council, or the head of
any department, with respect to their official powers and duties;
E. Maintain a record of all actions, suits, proceedings
and matters which relate to the City's interest, and report thereon
from time to time as the Council may require;
F. Have such other different functions, powers and duties
as may be provided by local law or ordinance.