There shall be a City Attorney(s) or law firm
who shall be appointed by the City Manager, with the approval of the
City Council at the organizational meeting to serve for two years
with compensation determined by the City Council. The City Attorney(s)
may be removed during said period for any cause or reason by a resolution
approved by 2/3 of the total members of the City Council. Prior to
appointment, the City Attorney(s) shall have been admitted to practice
law in the State of New York and practicing as such for at least five
years previous to the appointment as City Attorney(s). The City Attorney(s)
shall be the legal advisor of and Attorney(s) for the city, the City
Council, the City Manager and all city departments, bureaus, boards
and commissions thereof, in matters relating to their official duties,
and when requested by either the City Council or City Manager, shall
prosecute or defend all actions, suits and proceedings for and in
behalf of the city. The City Council and City Manager shall notify
the other of any such directions made to the City Attorney(s).
When required to do so by the City Manager or
by ordinance, the City Attorney(s) shall prosecute or defend for and
in behalf of the city all actions, suits, proceedings and controversies
to which the city is a party or in which it is in any way interested.
The City Attorney(s) shall have power to appeal from orders, decisions
or judgments and shall, subject to the approval of the City Council,
have power to enter into any agreement, compromise or settlement of
any claims against the city.
The City Attorney(s) shall prepare or review
all contracts, bonds and other instruments in which the city is concerned
and, before execution thereof, shall endorse on each the approval
of the form and correctness thereof when requested by the City Council
or the City Manager.
Neither the City Attorney(s) nor any assistant
shall in a professional capacity appear or advise or be interested,
directly or indirectly, in any matter, action or proceeding in which
the interest of the city may be adverse.
The City Attorney(s), when authorized or directed
by the City Council or the City Manager, may employ counsel to assist
the argument and conduct of cases or proceedings in which the city
is interested or a party. The City Council and City Manager shall
notify the other of any such directions to the City Attorney(s).
In the event of the absence, disqualification
or disability of the City Attorney, as determined by the City Manager,
the City Manager shall have the power to appoint, with the approval
of City Council, Special City Attorney(s) to act during the period
of absence, disqualification or disability of the City Attorney. In
a special emergency, such action may be taken without the consent
of the City Council but subject to its later approval.