The Town Attorney shall be an attorney-at-law admitted to practice
law in this state and shall have been a practicing attorney in this
state not less than five (5) years.
The Town Attorney shall be appointed by resolution of the Council
and shall serve for the term of the Council appointing him.
The Town Attorney, unless special counsel be appointed by the
Manager or Town Council, shall appear for and protect the rights of
the Town in all actions, suits or proceedings brought by or against
it or any of its departments, officers, agencies, boards or commissions.
He shall be the legal advisor of the Council, the Manager and other
town officers, boards and commission in all matters affecting the
Town and shall, upon written request, promptly furnish them with a
written opinion on any question of law involving their respective
powers and duties. He shall prepare or approve all forms of contracts
and other instruments to which the Town is a party or in which it
has an interest. He shall have power, with the approval of the Council,
to appeal from orders, decisions and judgments and, subject to the
approval of the Council, to compromise or settle any claims by or
against the Town or may, with the approval of the Council, employ
additional assistance at any time that he may deem it necessary in
the interests of the Town. In the event there is such a legal dispute,
except one involving suspensions or removal, between any of the boards,
commissions or officers of the Town as shall, in the opinion of the
Council, require that each side of the dispute shall have legal presentation,
the Council shall assign the Town Attorney to represent one side,
and the other board, commission or officer shall have the power to
retain a lawyer to represent him. In either event, the Council shall
determine the reasonableness of the fee of any such lawyer and shall
provide for the payment of same from Town funds.
(11-3-1970)
The Council may, if the circumstances require, appoint an Assistant
Town Attorney with such qualifications, duties and responsibilities
as it may deem appropriate.
(11-3-1970)
The Town Attorney shall receive such compensation and shall
have clerical and other assistants, to be appointed by him, in accordance
with the provisions of Chapter VIII of this Charter, as the Council
may determine.