[Adopted as Title 2, Ch. 2.16, of the 1986 Code]
The Department of Law shall have the charge and conduct of all
the law business of the City and its departments.
[Amended 9-30-1996; 2-24-2004]
The City Solicitor shall be the head of the Department of Law.
Annually, during the month of January, or whenever a vacancy occurs,
the Mayor shall appoint a City Solicitor.
The person appointed City Solicitor shall be a resident of the
City; shall be an admitted attorney and counselor of the courts of
the commonwealth; and shall have been engaged in the actual practice
of law for at least five years.
The City Solicitor shall draw up and prepare all bonds, deeds,
obligations and other legal instruments, of whatever nature, which
may be required of him by any ordinance or order of the City Council
or by the Mayor or by any committee of the City Council or by the
head of any department.
The City Solicitor shall appear for and protect the rights and
interests of the City in all actions, suits, proceedings or claims
brought against it or any City officer, in his official capacity,
or by or against any board or department.
The City Solicitor shall, when directed to do so by the Mayor
or City Council, appear before the Legislature of the Commonwealth,
or any committee thereof, whether of either or both branches of the
same, when the interest or welfare of the City is directly or indirectly
affected; and he shall, when required, furnish the Mayor, the City
Council, any member thereof, or any committee thereof, the School
Committee, any member thereof, or any committee thereof, or the head
of any department who may require it in the discharge of his official
duties, his legal opinion in writing on any subject touching the duties
of their respective offices, and shall discharge such other duties
as may properly pertain to the Law Department of the City.
The City Solicitor shall transmit to the Mayor annually, in
the month of January, a report of the business done by the Law Department
during the preceding year. He shall certify as to the correctness
of all bills contracted by the Law Department.
A.
The City Solicitor shall keep a properly indexed docket, giving the
names of the parties who have claims against the City, or who have
begun actions against the City, or against whom the City has any action
pending.
B.
The City Solicitor shall keep a complete record, properly indexed,
of all finished cases wherein the City is a party, and he shall also
keep copies of all written opinions furnished by him.
C.
The docket, records and copies of opinions referred to in this section
shall, at the expiration of his term of office, be delivered to the
Solicitor's successor, and shall be and remain the property of the
City.
No written contract providing for the payment of $1,000 or more
shall be executed on behalf of the City until there is endorsed thereon
by the City Solicitor a certificate to the effect that such contract
is in proper form.
The City Solicitor, with the written consent of the Mayor, may
employ counsel to assist him in the examination of titles or in the
preparation, argument or conduct of important cases or proceedings
in which the City, or any of its departments, boards, bureaus or officers,
is a party or interested, and he may with like consent employ a stenographer
and secure expert services of any kind whenever necessary.
In all cases when the City Solicitor's attendance may be required
out of the City, his reasonable traveling expenses shall be allowed
him.
All taxable costs which may be received by the City Solicitor
from the adverse party in any suit wherein the City or any of its
boards or departments is a party shall be paid by him to the City
Collector within 30 days after payment to him.
[Amended 9-30-1996; 2-24-2004]
A.
There may be one Deputy City Solicitor appointed by the Mayor for
a term of four years. The Deputy City Solicitor shall serve at the
pleasure of the Mayor. The person thereto appointed shall hold office
until his successor is appointed and qualified.
B.
There shall be between two and six Associate City Solicitors appointed
by the Mayor for a term of four years. Associate City Solicitors shall
serve at the pleasure of the Mayor. The persons thereto appointed
shall hold office until their successors are appointed and qualified.
C.
Under the direction of the City Solicitor, one of the referenced
Associate City Solicitors shall have the title of "Labor Relations
Director" and shall be primarily responsible for matters arising out
of collective bargaining by municipal employees and municipal employee
relations generally.
D.
Any vacancy in the office of Associate City Solicitor and/or Deputy
City Solicitor shall be filed in the manner of an original appointment
for the remainder of the unexpired term. The persons so appointed
shall be admitted attorneys and counselors of the courts of the commonwealth;
and shall have been engaged in the actual practice of law for at least
five years. They shall perform such duties as the City Solicitor requires
and, when requested by the City Solicitor to do so, shall perform
the duties of the City Solicitor.
[Amended 9-30-1996; 2-24-2004]
A.
There may be up to nine Assistant City Solicitors appointed by the
Mayor annually in the month of January, or whenever a vacancy occurs.
All Assistant City Solicitors shall serve at the pleasure of the Mayor.
The persons thereto appointed shall hold office until their successors
are appointed and qualified.
B.
Vacancies in the position of Assistant City Solicitor shall be filled
in the manner of an original appointment for the remainder of the
unexpired term. The persons so appointed shall be admitted attorneys
and counselors of the courts of the commonwealth. They shall perform
such duties as the City Solicitor requires.
