The City Attorney shall be appointed by the Mayor and shall
hold office at the Mayor's pleasure. No person shall be eligible
for the office of City Attorney unless he shall be a member of the
Bar of Oswego County, with at least two years active practice. The
City Attorney shall be a resident of the City of Oswego or of the
adjacent Towns of Oswego, Minetto or Scriba. It shall be his duty
to prosecute and defend all civil actions and proceedings by and against
the City of Oswego and every department thereof, and to perform such
other professional services as the Mayor or Common Council shall direct.
No action shall be commenced by the City Attorney unless directed
by the Mayor or an action of the Common Council.
The City Attorney shall be the sole attorney and counselor of
the city and of its various boards and departments. If the City Attorney,
with the Mayor's approval, certifies to the Common Council that
he needs the assistance of other counsel on any question or area of
concern assigned to him, the Common Council may authorize him to employ
additional counsel.
It shall also be the duty of the City Attorney to prosecute
all cases of violation of city ordinances that come before the City
Court. This shall not prevent a complainant from employing other counsel.
All costs in litigated cases where the city is successful shall
belong to the city.
The City Attorney shall keep a record or register of all suits
and proceedings which, as City Attorney, he shall have charge over.
He shall, when required, prepare all legal papers, contracts deeds
and other instruments for the city and the different departments thereof
and also attend the meetings of the Common Council.
The City Attorney shall deliver to his successor, as soon as
his successor shall be qualified, the record or register of all suits
or proceedings in which the 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 such successor as attorney for the
city in such suits or proceedings, to the end that a suitable order
may be entered making such substitution.
The City Attorney shall examine thoroughly all claims against
the city for damages or injuries to persons or property, and to that
end may require claimants, with privilege of counsel, to appear before
and be sworn by the City Judge, the City Clerk or the Chairman of
a Claims Committee of the Council to answer orally any question relative
to a claim against the city.
