[Amended 7-15-2008 by Ord. No. 2008-40]
There shall be a Corporation Counsel for the City, who shall
be in charge of the office of Corporation Counsel.
The Corporation Counsel shall have been admitted to practice
as an attorney and counselor of the courts of the commonwealth. He
shall not hold any other office under the City government during the
period for which he is appointed.
The Corporation Counsel shall furnish opinions or may designate
an Assistant Corporation Counsel to furnish opinions on the law of
any subject that may be submitted to him in writing by the Mayor,
the City Council or any member of the City Council, and on any subject
relating to the discharge of their or his official duties that may
be submitted to him in writing by the School Committee or any member
of the School Committee, by any committee of the City Council, or
by any officer in charge of a department of the City government. Any
opinions rendered by an Assistant Corporation Counsel shall also be
approved and countersigned by the Corporation Counsel. The opinions
shall be furnished to the City Council, any member of the City Council,
the School Committee, any member of the School Committee, or any officer
in charge of a department of the City government within 10 days from
the date on which the request is made.
The Corporation Counsel shall appear as counsel for the City
before the General Court or any committee thereof, when the interest
or welfare of the City is directly or indirectly affected.
The Corporation Counsel shall draft and approve the form and
manner of execution of all City contracts, and shall see that all
the requirements of law are complied with, that the documents conform
to the original understandings between the parties, and that the City's
interests are protected therein.
The Corporation Counsel shall examine all titles to real property
which the City is to acquire, and furnish without charge all deeds
or other legal papers necessary for the transfer of property to or
from the City, which the City is required by law or has been accustomed
to so furnish.
The Corporation Counsel shall institute any suit or proceeding
in behalf of the City which he shall deem the interest of the City
requires, and shall appear as counsel in all suits, actions or prosecutions
which may involve the rights or interests of the City, and defend
the officers of the City in suits against them for their official
actions, or for the performance of their official duties, or when
any estate, right, privilege, interest, ordinance, act or direction
of the City is brought in question. He may take such steps and incur
such expenses for the carrying out of his duties as he deems necessary.
Whenever the duties and requirements of his office are such
that in the judgment of the Corporation Counsel the welfare of the
City and the affairs of the City government require the assistance
of other legal counsel, he may engage such assistance by and with
the approval of the Mayor.
[Amended 9-10-1996 by Ord. No. 1996-29; 7-15-2008 by Ord. No.
2008-40]
There shall be in the office of Corporation Counsel officials
known as the "First Assistant Corporation Counsel" (full-time) and
"Assistant Corporation Counsel" (part-time), whose duties shall be
to assist the Corporation Counsel in carrying out the duties of that
office and perform such other duties as may be delegated by the Corporation
Counsel.
[Amended 7-15-2008 by Ord. No. 2008-40]
There shall be an official in the office of Corporation Counsel
known as the "claims investigator and worker's compensation agent,"
who shall, under the direction and control of the Corporation Counsel,
investigate all claims against the City. He shall also perform such
other duties as the Corporation Counsel or the Mayor may require.
Whenever it shall appear that third parties are liable, on their
bonds or otherwise, to the City for any cause for which an action
or suit is or may be primarily brought against it, the Corporation
Counsel shall notify such third parties of their liability, offer
to surrender the defense thereof to them, and state that if the defense
is not assumed by them, then the Corporation Counsel shall conduct
it at the expense of such third parties. In case the Corporation Counsel
thus defends at the expense of such third parties, he shall not be
paid by the City for so doing, but he shall be entitled to charge
and receive from such third parties the usual fees, costs and expenses
for his professional services. This shall be considered as a part
of any future bond of such third parties to the City, as if a clause
to that effect had been inserted therein.
No payment shall be made on any judgment, execution or decree
against the City unless the payment has been previously authorized
by the Corporation Counsel, but in case of the absence of the Corporation
Counsel from the City for 48 hours or more, the Mayor may authorize
such payment. All such authorizations, either by the Corporation Counsel,
or in his absence from the City, as provided in this section, by the
Mayor, shall be reported to the City Council at the next regular meeting
following such authorization.