[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.