[Adopted 7-24-1973 by L.L. No. 4-1973]
This article shall be known as the "Town of Oyster Bay, Office
of the Town Attorney Law."
A.
Whenever used in this article, words in the singular include the
plural and vice versa.
B.
DEPUTY TOWN ATTORNEY
OFFICE
TOWN ATTORNEY
As used in this article, the following terms shall have the meanings
indicated:
The Deputy Town Attorney of the Town of Oyster Bay and shall
act generally for and in place of the Town Attorney.
The Town of Oyster Bay Department of the Town Attorney, which
shall perform a major function of Town government.
The head of the Department of the Office of the Town Attorney,
who shall be the chief executive officer thereof.
There shall be established herewith as a Department of the Town
of Oyster Bay the Office of Town Attorney. The principal executive
officer and administrative head of such Department shall be the Town
Attorney who shall be appointed by the Town Board for the term fixed
by law at such salary as may from time to time be fixed by said Town
Board. The Town Attorney shall be appointed on the basis of his administrative
experience and qualifications for the duties of such office. He shall
be the Attorney for the Town Board and all of the Town officers in
their official capacity and shall be the legal counsel and representative
of the Town Board in all proceedings, undertakings or activities in
which the Town Board or the Town of Oyster Bay is concerned with or
involved therein. The Town Attorney shall be the head of the Department
of the Office of the Town Attorney with power and authority to appoint
or remove officers and employees under his jurisdiction in accordance
with the Civil Service Law and other applicable laws.
The Town Attorney is empowered herein to appoint Deputies who
shall generally act for and in his behalf, and who shall perform such
duties as are vested in and imposed upon that Office by the provisions
of this article, by statute or by other lawful authority.
The Town Attorney shall have such powers as shall be necessary
for the proper administration of the Department consistent with applicable
provisions of law. Until such time as the Town Attorney shall, at
his sole discretion and judgment, amend or modify the allocation of
responsibilities of his office, the Department shall be divided into
the following divisions:
The powers and duties of such divisions therein shall be under
the administrative direction and control of the Town Attorney, and
each of said divisions shall be administratively supervised by a Senior
Deputy Attorney.
A.
Division of General Services. This division shall:
(1)
Render legal advice to all Town departments, agencies and offices,
as well as to special boards established by the Town Board.
(2)
Prepare and process the execution of all leases and land acquisitions
on behalf of the Town and special districts, whether the same be acquired
by condemnation, purchase or gift. It shall be responsible for all
of the proceedings regarding condemnation.
(3)
Approve, prepare and process the execution of all contracts entered
into by the Town, its agencies and departments or special districts
of the Town, including the approval of the notice to bidders, specifications,
contract documents, insurance and bonds, where required. It shall
supervise the execution and review of contracts and the preparation
of related resolutions and any and all change orders, processing notice
of liens, attending all necessary conferences involving departments,
consultants, contractors and the rendering of legal advice and assistance
during the term of the contract.
(4)
Prepare and process the execution of all special agreements entered
into by and on behalf of the Town, such as consultant agreements and
park concession agreements.
(5)
Approve insurance policies and bonds obtained on behalf of the Town
for certain departments and commissioner districts, where applicable
and also the processing and approval of bonds and/or insurance policies
required to be filed pursuant to ordinance, such as plumbers, electricians
and road-opening permits.
(6)
Render legal opinions and assist residents and taxpayers of the Town.
B.
Law Division. This division shall:
(1)
Prepare, review and recommend all Town ordinances and local laws
and amendments thereto, and related public notices and resolutions.
(2)
Review all proposed legislation introduced before the New York State
Legislature which affects or concerns Town government, and, where
appropriate, advises Town Board and affected departments or agencies
concerning proposed legislation. It shall prepare and submit approving
or opposing memoranda to the State Legislature or governor, when appropriate,
and advise Town Board, appropriate Town officials and departments
when bills are enacted into law.
(3)
Render formal legal opinions, as directed by the Town Attorney.
(4)
Perform such legal research and assist or prepare legal opinions,
as required by other divisions.
(5)
Assist the Litigation Division, when directed by the Town Attorney,
with the preparation of motions, pleadings, briefs, memoranda of law,
etc.
(6)
Review all petitions and exhibits for changes of zone or special
use permits, including preparation of public notices and related resolutions.
(7)
Represent the Town Attorneys Office at all Town Board public hearings.
(8)
Review all applications and petitions in relation to special and
commissioner district improvements or extensions, including preparation
of related public notices, resolutions, orders and other required
documents.
(9)
Process and undertake all disciplinary proceedings.
(10)
Represent the Town Board in collective bargaining and personnel issues
as directed by the Town Attorney.
C.
Litigation Division. This division shall:
(1)
Prepare and try all litigation matters instituted by or against the
Town in all courts.
(2)
Prosecute all violations of Town ordinances and local laws.
(3)
Institute or defend tort claims involving the Town not covered by
insurance or where the Town seeks direct reimbursement.
(4)
Prepare, process and file all necessary pleadings, briefs, memoranda
of law, etc., and shall investigate, examine, evaluate and process
all evidentiary matters and witnesses in related legal proceedings.
The Town Attorney, acting by and through any of said existing
or hereafter named divisions, shall be empowered to perform such other
duties and functions which are prescribed to be performed by him in
law, ordinance or resolution of the Town Board or lawful directive
of the Supervisor; however, the Town Attorney may delegate any of
his powers to or direct any of his duties to be performed to any Deputy
Attorney. Furthermore, the Town Attorney is hereby authorized and
empowered, subject to the prior approval of the Town Board, except
that such prior approval will not be required in cases of emergency,
to retain and employ private consultants, experts and other parties
which the Town Attorney deems proper and appropriate in promulgating
the responsibilities and obligations of his Office.
Nothing herein contained shall be construed to delegate or transfer
any power of the Town Supervisor contained in §§ 29,
52 and 125 of the Town Law of the State of New York or any other powers
which may be exercised lawfully by said Supervisor.
