Cross references — Annual inventory of City property to be submitted to Mayor and Auditor, § 2-2; annual reports by boards and officers to Mayor, § 2-9; turn over and accounting for funds, § 2-88; books and records to correspond to fiscal year, § 2-89.
[Gen. Ords. 1962, §§ 2-8, 2-58; Ord. No. 22893, § 1, 12-28-1970]
There is hereby established in the City a principal department to be known as the "Law Department."
[Gen. Ords. 1962, § 2-60; Ord. No. 22893, § 1, 12-28-1970]
The Law Department shall consist of the City Solicitor, at least one Assistant City Solicitor, and such other legal and clerical assistance as the Mayor and City Council shall provide for in the departmental budget.
[Gen. Ords. 1962, § 2-59; Ord. No. 22893, § 1, 12-28-1970]
The City Solicitor shall be the head of the Law Department and shall have general supervision of the Department.
[Gen. Ords. 1962, §§ 2-5, 2-61; Ord. No. 22893, § 1, 12-28-1970; Ord. No. 22894, 12-28-1970; Ord. No. 23392, § 2, 3-26-1973; Ord. No. 24380, 6-26-1978; Ord. No. 30008, 8-2-2004]
The City Solicitor, First Assistant City Solicitor and Assistant City Solicitors shall be appointed by the Mayor, subject to confirmation by the City Council, and shall serve until their successors are appointed and qualified. The City Solicitor shall be appointed for a term of three years, beginning on the first Monday in March; the Mayor shall make such appointment on or before the first day of February. The First Assistant City Solicitor and Assistant City Solicitors shall be appointed for terms of two years beginning on the first day of February of the even years; the Mayor shall make such appointment in January of said year. The City Solicitor, First Assistant City Solicitor and Assistant City Solicitors shall be attorneys at law, qualified to practice in the commonwealth. One of the Assistant City Solicitors shall be qualified in the area of zoning and real estate. In addition, the City Solicitor shall qualify for trial lawyer and, prior to his/her appointment, shall have had at least five years experience in the general practice of law.
State law reference — Appointment of City solicitors, Acts 1970, Ch. 508.
[Gen. Ords. 1962, § 2-61A; Ord. No. 22893, § 1, 12-28-1970]
The City Solicitor shall commence and prosecute all actions, suits and other legal proceedings founded upon any claim, demand, right or privilege of the City, when required or ordered so to do by any ordinance or by any order of the Council. He shall also appear in defense in any action, suit or proceedings which may be brought against the City or any of its officers in their official capacity or wherein any right, privilege, property, estate, ordinance, act or franchise of the City may be affected or brought in question before any court, board of commissioners or committee of the general court of this commonwealth. He shall try and argue all causes and actions, suits and proceedings, but shall not, by agreement for judgment, or otherwise, settle or compromise any action, suit, claim or process in which the City shall be interested if any sum of money, exceeding $100, exclusive of costs, is to be paid by the City in consequence of such settlement or if the amount to be received is more than $100 less than the amount claimed by the City, without previously reporting the terms of such settlement to the Mayor and receiving authority from him to conclude the same.
[Gen. Ords. 1962, § 2-61B; Ord. No. 22893, § 1, 12-28-1970]
The City Solicitor shall prepare all legal instruments which may be required of him by the Council or by any committee thereof, and shall, when requested by the Mayor or Council or by any committee thereof or by any administrative board or officer of the City, furnish a written opinion on any legal question which may be submitted to him in writing, in regard to the duties of their respective offices; he shall, when requested by the Mayor or the City Council, furnish such opinion concerning the general affairs of the City, and shall perform such other duties as are incident to his office. He shall, upon request of the Mayor, the Council or any standing committee thereof or any administrative board of the City having the matter in charge, examine the title of any real estate in which the City has, or is proposing to acquire, an interest.
[Gen. Ords. 1962, § 2-61; Ord. No. 22893, § 1, 12-28-1970]
The City Solicitor shall investigate the facts in relation to accidents reported to him by the Chief of Police, and shall keep a record of the same, together with the names and addresses of the witnesses, and may incur any reasonable expense in doing the same; provided, that all bills contracted by him shall be subject to the approval of the Mayor.