The City Attorney shall be appointed by and serve at the pleasure
of the City Manager. The City Attorney shall be an attorney and counselor
at law admitted to practice in the State of New York of at least three
years' standing.
[1]
Editor's Note: This local law was subject to mandatory referendum
and approved by the electors of the City of Oneida 11-7-2023.
[Amended 7-2-2013 by L.L. No. 3-2013]
The City Attorney shall be the official legal advisor of all
offices, departments, boards, bureaus, commissions and agencies of
the City. The City Attorney shall appear for and represent the City
in all actions, suits or proceedings, administrative hearings and
proceedings unless otherwise provided by the Common Council.
The Common Council may, upon the request of the City Attorney,
or its own motion, employ special counsel and/or experts to assist
the City Attorney or to represent the City in any action, proceeding
or other matter that it deems advisable.
No civil action shall be maintained against the City for damages
or injuries to person or property sustained in consequence of any
street, highway, bridge, culvert, sidewalk or crosswalk being out
of repair, unsafe, dangerous or obstructed, or in consequence of the
existence of snow or ice thereon, unless it appears that written notice
of the defective, unsafe, dangerous or obstructed condition, or of
the existence of snow or ice, was actually given to the City Engineer
and there was a failure or neglect within a reasonable time after
the giving of such notice to repair or remove the defect, danger or
obstruction complained of, or to cause the snow or ice to be removed,
or the place otherwise made reasonably safe. The City Engineer shall
keep an indexed record, in a separate book, of all written notices
which he shall receive of the existence of such defective, unsafe,
dangerous or obstructed condition, or of such snow or ice, which record
shall state the date of receipt of the notice, the nature and location
of the condition stated to exist and the name and address of the person
from whom the notice is received. The record of notices of defects
shall be a public record. The record of each notice shall be preserved
for a period of five years after the date it is received.
No action or proceeding to recover or enforce any claim, debt
or demand against the City shall be brought until the expiration of
30 days after the claim, debt or demand shall have been presented
to the City for audit. All actions brought against the City upon any
contract liability, express or implied, must be commenced within one
year from the time that the cause of action accrued.
In all cases except on contract or negligence, an action must
be commenced within six months after the refusal of the City to allow
the claim or such shorter period as otherwise prescribed by law.
