[Amended 12-16-2008 by L.L. No. 9-2008]
The first Mayor elected under this Act shall, on or before the first day of May 1902, appoint a competent person, licensed to practice in all the courts of the state, to be City Attorney, who shall hold office until January 1, 1904. Thereafter and on or ten (10) days prior to the first day of January of each even-numbered year, the incoming Mayor may appoint his successor, who shall hold office for two (2) years. The City Attorney, if there be one, shall receive the salary and compensation provided for in § C12 of this Act.
[Amended 10-30-1991 by L.L. No. 3-1991; 12-16-2008 by L.L. No. 9-2008]
a. 
The City Attorney, if there be one, shall be the sole official advisor of the Common Council and all the boards and other officers of the City, including the Assessors. He shall, when directed by the Common Council, prosecute and defend all actions and proceedings by and against the City and every department thereof and perform such other professional services relating to said City as the Mayor or Common Council may direct. He shall, when required, prepare all legal papers, contracts, deeds and other instruments for the City and the different departments thereof. The City Attorney, if there be one, shall, at the expiration of his term of office, hand-deliver to his successor in office, as soon as qualified, the record or register of all actions or proceedings in which the Mayor, City or any of its departments may be a party and also all papers on the part of the City therein and also sign stipulations substituting said successor as attorney for the City in such actions or proceedings, to the end that an order of substitution may be entered in such actions or proceedings. All costs in litigated cases, wherein the City is successful, shall belong to the city, and when collected shall be paid to the Clerk/Chamberlain and credited to and form a part of the General Fund of the city.[1]
[Amended 12-1-2009 by L.L. No. 6-2009]
[1]
Editor's Note: This subsection was originally § C29 and was renumbered 10-30-1991 by L.L. No. 3-1991.
b. 
He shall be and act as the legal advisor of the Common Council and of the several officers, boards and departments of the city, and he shall appear for and protect the rights and interests of the City in all actions, suits and proceedings brought by or against any City officer, board or department; and such officers, boards or departments shall not employ other counsel. No written contract providing for the payment of $1,000 or more shall be entered into by the City or any of its officers, boards or departments, until there shall be endorsed thereon by the City Attorney, if there be one, a certificate to the effect that, in his opinion, the City officer, board or department which is to execute the same on behalf of the City has the authority and power to make such contract and that said contract is in proper form; and he shall attend to all the law business of the City and discharge such other duties as may be prescribed by the Common Council.
c. 
If the Mayor does not appoint a City Attorney, then all of the legal duties and services to be rendered as described in this section and in all of this Charter and the City Code may be fulfilled by the Mayor engaging an attorney or attorneys on a case-by-case as-needed basis.
[Amended 12-1-2009 by L.L. No. 6-2009]
He shall pay over at once to the Clerk/Chamberlain all moneys collected by him for or on behalf of the City, including fines and penalties, and he shall, annually, on or before the first day of January, file with the Clerk/Chamberlain an inventory of all the books and property belonging to the City which are in his custody.
He shall, whenever he considers that the best interests of the City will be served thereby, enter into an agreement, in writing, subject to the approval of the Common Council, to compromise and settle any claim against the City, which agreement shall be reported to the Common Council at its next meeting and be and constitute a valid obligation against the city, and the amount therein provided to be paid shall, with interest thereon at 6% from its date, be included in the next City tax budget and, when raised by tax, to be paid the claimant.
[Amended 12-16-2008 by L.L. No. 9-2008]
The City Attorney, if there be one, with the written consent of the Mayor or when authorized by the Common Council, may employ counsel to assist him in the argument and conduct of important cases or proceedings in which the City is interested or a party.
[Amended by L. 1943, c. 710; L. 1945, c. 839; 10-30-1991 by L.L. No. 3-1991; 12-16-2008 by L.L. No. 9-2008]
The amount of any judgment recovered against the City and payable by it remaining unpaid, with the interest due thereon, in case no appeal is intended to be taken or in case such judgment is finally affirmed on appeal, shall be reported by the City Attorney, if there be one, immediately after the same shall have become payable, to the Common Council, and the same may be provided, in whole or in part, pursuant to the Local Finance Law or may be included in the next levy of taxes for the expenses of the city, unless-execution upon such judgment shall be stayed. If included in the tax levy, such judgment shall be paid out of the first moneys paid into the City Treasury on account of such levy, in the order of their recovery. Until the money so raised shall be paid into the Treasury and payment of the judgment refused, no execution shall issue against the city, unless the amount of such judgment shall not have been included in the tax levy.