[Ord. No. 359, § 1, 9-27-1979; Ord. No. 379, § 1, 7-10-1980; Ord. No. 401, § 1, 6-26-1981; Ord. No. 462, § 4, 9-16-1983; Ord. No. 1142, § I, 9-29-2015; Ord. No. 1167, § I, 4-12-2016]
A. 
In accordance with Article 2, Section 2-10, and Article 3, Section 3-3, and Section 23, Subsection (7), of the City Charter, the Mayor shall appoint a City Solicitor or enter into a legal services contract with a law firm for the purpose of providing City Solicitor services for the City of Pittsfield, also hereinafter referred to as "City Solicitor," when such contract for legal services is in existence. The City Solicitor shall hold office subject to the pleasure of the Mayor and until a successor is duly appointed and qualified. The City Solicitor may be removed at the sole discretion of the Mayor.
[Ord. No. 1332, 11-13-2025]
B. 
The City Solicitor shall receive a salary as set by ordinance or by contract.
[R. O. 1947, ch. 5, § 1; Ord. No. 162, § 1; Ord. No. 359, § 1, 9-27-1979; Ord. No. 1332, 11-13-2025]
The City Solicitor shall act as the legal adviser and solicitor of the City, except in special cases in which the City Council may authorize or require the City Solicitor to secure the advice or services of such additional counsel as it may deem best, and no money shall be paid from the City Treasury for any legal services or advice without the sanction of the City Council except as authorized by this article.
[R. O. 1947, ch. 5, § 2; Ord. No. 1332, 11-13-2025]
It shall be the duty of the City Solicitor to examine all titles to property when so requested by the City Council or a City official, and to draft all deeds, obligations, contracts, bonds, leases, conveyances, agreements and other legal instruments affecting the interests of the City which may be required by any ordinance or order of the City Council, or by the head of a department or chair of an official board. All orders for the laying out, locating anew, discontinuance, alteration or specific repairs of streets or ways, or for the taking of lands for any municipal purposes whatsoever, or for the assessment of betterments shall be submitted for examination by the City Solicitor before the same are offered for enactment.
[R. O. 1947, ch. 5, § 3; Ord. No. 1332, 11-13-2025]
It shall be the duty of the City Solicitor to commence and prosecute all actions and other proceedings at law or in equity desired to be begun by the City or by any officer thereof, and to defend or cause to be defended all actions and suits brought against the City in any court or other tribunal of this commonwealth or of the United States. Where appropriate, the City Solicitor shall appear as counsel in any other action, suit or prosecution which may involve the rights and interests of the City, and shall defend any of the officers of the City in suits and prosecutions against them for any official action, or the performance of any official duty when any right, privilege, ordinance, act or direction of the City government may be brought in question. The City Solicitor shall also appear as counsel before the Legislature of the Commonwealth, or any committee thereof, whenever so requested by the City Council or whenever it seems to the City Solicitor expedient concerning any matter in which the interest and welfare of the City may be directly or incidentally affected.
[R. O. 1947, ch. 5, § 3; Ord. No. 1332, 11-13-2025]
The City Solicitor shall, at the request of the departmental head or inspector in charge, prosecute violations of Chapter 3, Building Code, and Chapter 5, Electricity.
[R. O. 1947, ch. 5, § 3; Ord. No. 1142, § II, 9-29-2015; Ord. No. 1332, 11-13-2025]
The City Solicitor shall, whenever so requested in writing by the Mayor; the City Council or any member or committee thereof; the School Committee; any municipal board or commission; or any officer of the City government who may need the same in the discharge of official duty, furnish them or any of them with a legal opinion upon any subject touching the duties of their respective offices.
[R. O. 1947, ch. 5, § 5; Ord. No. 1142, § III, 9-29-2015; Ord. No. 1332, 11-13-2025]
In accordance with Section 2-155, the City Solicitor shall annually report to the Mayor and City Council the transactions of the City Solicitor's office during the preceding fiscal year.
[R. O. 1947, ch. 51, § 3; Ord. No. 1142, § IV, 9-29-2015; Ord. No. 1332, 11-13-2025]
The City Solicitor shall in all matters do every professional act incident to the office which may be requested by the City Council or by any committee thereof or by any ordinance or order.
[R. O. 1947, ch. 5, § 4; Ord. No. 1332, 11-13-2025]
Whenever the City Solicitor's attendance may be required out of the City on official business, they shall be allowed reasonable traveling expenses.
[R. O. 1947, ch. 5, § 1; Ord. No. 162, § 1; Ord. No. 359, § 2, 9-27-1979]
In case a vacancy occurs in the office of City Solicitor by reason of death, disability, resignation or removal, reappointment shall be made in the manner provided in § 2-9 of this article.
[1]
Editor's Note: Ordinance No. 359, § 3, approved 9-27-1979, repealed § 2-18, relative to the Assistant City Solicitor, derived from Ord. No. 162, § 1.
[Ord. No. 603, § 2, 3-11-1988; Ord. No. 819, § II, 2-27-1997]
A. 
In accordance with Article 3, Section 3-3, of the City Charter, the Mayor shall, with the advice of the City Solicitor and subject to the confirmation of the City Council, appoint an Assistant City Solicitor, who shall be qualified to practice law in the commonwealth. The Assistant City Solicitor shall serve until a successor is duly appointed and qualified. The Assistant City Solicitor shall perform those duties of the City Solicitor delegated by the Solicitor to the Assistant.
[Ord. No. 1142, § V, 9-29-2015; Ord. No. 1332, 11-13-2025]
B. 
The Assistant City Solicitor shall be paid a salary as defined by Chapter 16 of this Code.
[1]
Editor's Note: Former § 2-18.1, which pertained to the office of associate City solicitor, was repealed by Ord. No. 603, § 1, adopted 3-11-1988; § 2 of the ordinance enacted a new § 2-18.1 to read as herein set out. The former section derived from Ord. No. 293, § 1, adopted 8-29-1977; Ord. No. 359, § 4, adopted 9-27-1979; Ord. No. 372, § 1, adopted 5-16-1980; and Ord. No. 401, § 2, adopted 6-26-1981.