There shall be a town solicitor and one or more
assistant solicitors as may be deemed necessary, within the limits
of appropriated funds, all of whom shall be appointed by the mayor
to serve at the pleasure of the mayor. (Res. #72, 9-13-1982; G.E.
11-2-1982)
The town solicitor shall be an attorney-at-law
in good standing who has been admitted to the practice of law in this
state at least four years prior to his appointment, the assistant
town solicitors shall be attorneys-at-law in good standing who have
been admitted to the practice of law in this state. Residence in the
Town of Johnston shall not be required of either the town solicitor
or the assistant town solicitors. (Res. #72, 9-13-1982; G.E. 11-2-1982)
The town solicitor and the assistant town solicitors
shall receive such salary as shall be set by the town council by ordinance.
Neither the town solicitor nor the assistant town solicitors need
be required to devote full time to the performance of their duties.
(Res. #72, 9-13-1982; G.E. 11-2-1982)
The town solicitor shall be the attorney for
the town and legal advisor to the mayor, town council, and all other
departments, offices and agencies of the town government and shall
direct the work of the assistant solicitors. It shall be the duty
of the town solicitor to:
(1) Appear for and protect the rights of the town in all
actions, suits and proceedings, civil or criminal, in law or equity,
brought by or against it or for or against any of its departments,
including the board of canvassers and registration;
(2) Examine and make recommendations in the form of all
ordinances and resolutions and the form of all initiations for bids,
contracts and other documents sent out by any department, office or
agency of the town;
(3) Perform such other duties appropriate to his office
as the provisions of this Charter, the Mayor and/or the town council
may require. (Res. #72, 9-13-1982; G.E. 11-2-1982)
All written legal opinions furnished to the
mayor, the town council and all departments, offices and agencies
of the town shall be filed with the town clerk and become a public
record.
The statement in this Charter of duties of the
town solicitor shall not be deemed to abridge such special powers
and duties as are now and hereafter conferred upon town solicitors
by law; however, no department or agency shall employ any other attorney
at the expense of the town or through the use of any funds from the
federal government or other source, unless otherwise provided by this
Charter, or unless the town council shall approve such employment
by ordinance. Any such attorney so authorized by the town council
shall be subordinate to the town solicitor and in all litigation to
which the town may be a party, said attorney shall be under the direction
of the town solicitor. (Res. #72, 9-13-1982; G.E. 11-2-1982)