[Adopted as Art. 11 of the 1990 Bylaws; amended
in its entirety at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
The Mayor shall hereafter annually on or before
the first day of April and whenever a vacancy shall exist choose some
competent lawyer to act as Municipal Attorney. The Municipal Attorney
shall receive such salary or compensation as the Mayor may determine,
not to exceed in the aggregate the amount annually appropriated therefor.
The Mayor shall have the authority to prosecute,
defend, and compromise, subject to the provisions of the Amesbury
Municipal Code, through the Municipal Attorney, all litigation to
which the City is a party and to employ special counsel whenever in
the Mayor's judgment the necessity therefor arises.
The term of office of said Municipal Attorney
shall begin from the time of his acceptance of appointment and shall
continue until the appointment and acceptance of his successor.
The Municipal Attorney shall draft all bonds,
leases, obligations, conveyances, and other legal instruments and
do every professional act which may be required of him by the Mayor,
shall furnish a written opinion of any legal question that may be
submitted to him in regard to any matter which concerns any board
or committee, and shall at all times furnish legal advice to any officer
of the City upon any subject concerning the duties incumbent upon
any such officer by virtue of his office upon request of such officer
submitted in writing through the Mayor.
The Municipal Attorney shall prosecute all suits
ordered to be brought by the City and shall appear before any court
in the commonwealth in defense of all actions or suits brought against
the City or its officers in their official capacity and shall try
any and all cases to which the City shall be a party before any tribunal
in the commonwealth or before any board of referees or commissioners.
The Municipal Attorney shall not make final
settlement of any litigation to which the City is a party unless he
has been duly authorized so to do by the Mayor with the approval of
the Municipal Council.
Every officer in charge of a department shall
immediately make a report in writing to the Mayor whenever any transaction,
act or negligence affecting his department occurs which results in
or may occasion any injury to any person or property, and any police
officer having knowledge of any transaction, act or negligence affecting
his department shall immediately make a similar report, whereupon
the Mayor shall make a careful and complete investigation of all the
facts relative thereto.
The Municipal Attorney shall, if requested by
the Mayor, prosecute in the local District Court any case of violation
of the statutes of the commonwealth or the Amesbury Municipal Code.
The Municipal Attorney shall, upon the request
of the Mayor, make a written report to the Mayor concerning the professional
services rendered during the preceding year. Said report shall contain
a statement of each case which has been settled, tried, or otherwise
disposed of during the year and shall be kept on file.
No City officer or board shall, unless authorized
by the Mayor, employ, advise with or consult any attorney or counselor
at law other than the Municipal Attorney with regard to any City business,
or the business of any of the departments, or the duties of any such
officers or boards, whenever any charge therefor is to be made to
the City or is to be paid out of the funds of the City or of any department
thereof.
