[1959 Code, sec. 392. 1951. ch. 534, sec.
110] [Amended 7-14-1986 by Res. No. 288; 10-10-2011 by Res. No. 2109; 4-28-2014 by Res. No. 2398]
There shall be a Department of Law headed by the City Solicitor.
The City Solicitor and any Assistant City Solicitors, shall be appointed
by and serve at the pleasure of the Mayor and a majority of the full
Council. The compensation of the City Solicitor and any Assistant
City Solicitors, shall be determined by the Council. Additional legal
counsel may be authorized and/or retained from time to time by the
Council.
[1959 Code, sec. 393. 1951. ch. 534, sec.
111] [Amended 7-14-1986 by Res. No. 288]
The City Solicitor and Assistant City Solicitors,
as necessary, shall be members of the Bar of the Circuit Court of
Wicomico County who have practiced law and maintained a principal
office in the City of Salisbury for not less than one (1) year preceding
appointment.
[1959 Code, sec. 394. 1951. ch. 534, sec.
112] [Amended 7-14-1986 by Res. No. 288; 10-10-2011 by Res. No. 2109; 4-28-2014 by Res. No. 2398]
The duties of the City Solicitor and any Assistant
City Solicitors, shall include the following;
A. Legal adviser. The City Solicitor and any Assistant City Solicitors, shall be the legal advisers of the City of Salisbury and shall have general supervision and direction of all legal business of the city. The City Council, any of the Council members, and all heads of offices, departments and agencies appointed by the Mayor pursuant to § SC3-4(C) of this Charter, and the City Administrator and the City Clerk, who shall be appointed as provided in §
SC4-2 and §
SC8-1, respectively, shall have the authority to seek supervision and direction from the City Solicitor and any Assistant City Solicitors, for any matter which such person shall determine in his sole discretion, involves the legal business of the City of Salisbury, including but not limited to any matter described in subsections (B)-(E) of this section.
B. Litigation. The City Solicitor and Assistant City
Solicitors, as necessary, shall have charge of the preparation and
trial of all suits, actions and proceedings of every kind to which
the city shall be involved in any court, board, commission or any
other legal proceeding.
C. Opinions and advice. Upon the request of the Mayor,
Council, any member thereof or any officer of the city, the City Solicitor
or Assistant City Solicitors, as necessary, shall give oral and/or
written advice on all questions of law which may be referred.
D. Ordinances and resolutions. The City Solicitor and
Assistant City Solicitors, as necessary, shall prepare, or supervise
or review the preparation of, any ordinances or resolutions for introduction
into the Council.
E. Contracts. The City Solicitor and Assistant City Solicitors,
as necessary, shall prepare, or supervise or review the preparation
of, examine and approve as to form all the contracts, specifications,
deeds and other legal papers of the city.
F. Conflicts. Nothing herein shall prohibit the City Solicitor or any
Assistant City Solicitors from practicing law outside of their service
to the City, so long as no conflict of interest exists and so long
as the duties of the City Solicitor receive the care, time and attention
necessary to ensure the accurate, expedient, cost-efficient and dutiful
execution of the City's legal needs.