[Adopted 11-20-1979 (Ch. 2, Art. III, Div. 3, of the 2010 Code)]
The Mayor shall appoint, subject to the approval of the Municipal
Council, a City Solicitor who shall serve for the term of two years
and until the Solicitor's successor is appointed and qualified. A
vacancy in the office shall be filled in like manner for the unexpired
term.
[Amended 1-28-1992]
The City Solicitor shall be an attorney qualified and admitted
to practice before the courts of the Commonwealth of Massachusetts.
The City Solicitor shall not hold any other office in the City government
during the period for which he/she is appointed.
A.
Legal instruments, etc. It shall be the duty of the City Solicitor
to examine or cause to be examined all titles to property and to draft
or approve in writing all deeds, obligations, contracts, bonds, leases,
conveyances, agreements and other legal instruments, of whatever nature,
which may be required by any ordinance or order of the Municipal Council,
or by any board or officer to which the City or its agents may be
a party, and which by law, usage or agreement the City is to be at
the expense of drawing. All orders for the laying out, discontinuance,
change or improvement of streets, for the taking of lands for any
municipal purpose whatsoever, for the assessment of betterments, and
all other forms shall be under the City Solicitor's direction or approval.[1]
B.
Trial work, opinions, etc. It shall be the duty of the City Solicitor
to commence and prosecute all actions and other legal proceedings
and suits begun by the City, and to defend all actions and suits brought
against the City in any court or other tribunal of this commonwealth,
or of the United States; also to appear as counsel in any other action,
suit or prosecution which may involve the rights and interests of
the City, and to 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 Municipal Council may be brought in question. The
City Solicitor shall also appear as counsel before the Legislature
of the commonwealth, or any committee thereof, whenever the interest
and the welfare of the City may be directly or incidentally affected.
The City Solicitor shall, when requested, furnish the Mayor, the Municipal
Council, or any member thereof, any committee of the City government,
and any board or officer of the City who or which may need the same,
in the discharge of official duty, his/her legal opinion upon any
subject touching the duties of their respective offices, but whenever
the opinion of the City Solicitor is requested, such request shall
be reduced to writing and so submitted for his/her consideration.
All opinions rendered by the Law Department in accordance with the
provisions of this section shall be prepared in duplicate, and a copy
of each such opinion shall be filed with the City Clerk who shall
properly index and preserve the same.
The Mayor may, with the consent of the Municipal Council and
the assistance of the Chief of Police, designate a member(s) of the
Police Department to make such investigations as the City Solicitor
shall require in the preparation and trial of civil causes in which
the City shall be a party. The inspector(s) shall receive no additional
compensation for any service under this section.
A.
The Mayor, subject to confirmation by the Municipal Council, may
appoint one or two Assistant City Solicitors, each of whom shall hold
office until December 31 of the year in which the City Solicitor is
appointed. The Assistant City Solicitors shall be residents of the
greater Taunton area.
B.
They shall also maintain a law office and be practicing attorneys
in the City of Taunton. The Assistant City Solicitors shall be admitted
as attorneys authorized to practice before the courts of the Commonwealth
of Massachusetts, and they shall not hold any other office under City
government during the term of their appointment.
C.
The Assistant City Solicitors shall assist the City Solicitor and
perform such duties as the City Solicitor may require in the conduct
of the office, and during the absence or disability of the City Solicitor
or when requested by the City Solicitor to do so, the assistant so
designated by the City Solicitor shall perform the duties of the City
Solicitor. Any opinions rendered by an Assistant City Solicitor shall
also be approved and countersigned by the City Solicitor.
D.
The Assistant City Solicitors, as appointed by the Mayor, shall be
designated first and second.
The City Solicitor shall annually make a report to the Municipal
Council of the business of the office during the preceding year, stating
the suits pending in favor of or against the City at the time said
report is made, with a brief description of each, and the City Solicitor
shall deliver to his/her successor in office all papers, records of
suits, documents, or other information the City Solicitor may have
relative to any claims for or against the City.
Whenever the duties and requirements of his/her office are such
that in the judgment of the City Solicitor the welfare of the City
and the affairs of the City government require the assistance of other
legal counsel, the City Solicitor may engage such assistance by and
with the approval of the Mayor.
The City Solicitor and Assistant City Solicitors shall be allowed
reasonable travel expenses in all cases where their attendance is
required outside of the City.
[Added 9-13-1982; amended 4-15-1986]
A.
The Law Department may employ one legal assistant who shall be classified
as a confidential employee and shall not be a member of any union
or labor group within the City. Said legal assistant shall receive
such salary as the Municipal Council shall, from time to time, establish
by appropriate ordinance after considering the recommendations of
the City Solicitor and the Mayor.
B.
The duties of said legal assistant shall be as follows:
(1)
Serve as liaison between department heads and City Solicitor.
(2)
Prepare and maintain Law Department budget.
(3)
Assist City Solicitor with research.
(4)
Assist attorneys to whom City matters have been referred and maintain
knowledge of status of Law Department matters.
(5)
Draft routine correspondence and legal documents for approval by
City Solicitor.
(6)
Answer telephone inquiries.
(7)
Type and file correspondence, legal documents, etc., and maintain
such records as are necessary for the efficient operation of said
Department.
(8)
Administer the day-to-day operation of the Law Department.
