Town of Cumberland, RI
Providence County
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[Amended 11-6-2018]
There shall be a Town Solicitor who shall be appointed by the Mayor with the approval of the Town Council to serve a term concurrent with the term of the Mayor and until his or her reappointment or the appointment of a successor is approved by the Town Council.
The Town Solicitor shall be an attorney-at-law in good standing who has been admitted to the practice of law in this State and is a qualified elector of the Town. He or she shall not hold any other office in the Town government except that of Acting Judge of Probate when so necessary.
The Town Solicitor need not be required to devote full time to the duties of the office and shall receive such salary as shall be set by the Town Council.
The Town Solicitor shall be the attorney for the Town and legal advisor to the Mayor, Town Council, and all other departments, offices, and agencies of the Town government. It shall be the duty of the Town Solicitor to:
Appear for and protect the rights of the Town in all actions, suits and proceedings, civil or criminal, in law or equity, brought by or against it or for or against any of its departments, including the Canvassing Authority.
Examine and make recommendations on the form of all ordinances and resolutions and the form of all invitations for bids, contracts and other legal documents sent out by any department, office, or agency of the Town.
Perform such other duties appropriate to his office as the provisions of this Charter, the Mayor and/or the Town Council may require.
Nothing in this Section shall prohibit the Town Council from providing for the appointment of an Assistant Town Solicitor if in its judgment the work load of the Town Solicitor's Office shall justify such appointment. In the event that an Assistant is provided for, said office shall be filled in the same manner and for the same term as that of the Town Solicitor. Nor shall anything in this Section prohibit the Council from making provision for the hiring of counsel to assist or act in the place of the Town Solicitor when in the judgment of the Council such provision will best serve the interests of the Town. Nothing in this Section shall prohibit the School Department from retaining counsel to be compensated from funds provided in its budget.
[Amended 11-6-2018]
All written legal opinions furnished to the Mayor, the Town Council and all departments, office and agencies of the Town shall be filed with the Town Clerk and become a public record.
The statement in this Charter of duties of the Town Solicitor shall not be deemed to abridge such special powers and duties as are now and hereafter conferred upon Town Solicitors by State law.