There shall be a Department of Law headed by the County Attorney.
She shall be duly admitted to the practice of law in the State of
New York and a resident of the County. The County Attorney shall be
appointed by the County Executive, subject to confirmation by the
County Legislature as provided in Section 302(c) of this Charter,
and serve at the pleasure of the County Executive.
[Amended 8-8-2016 by L.L.
No. 7-2016, approved 11-8-2016, effective 1-1-2017]
The County Attorney shall:
(a)
Be the chief administrative officer of the Department of Law;
(b)
Be the legal adviser for the County;
(c)
Advise all County officers and employees in all County legal matters
of a civil nature;
(d)
Prosecute and defend all actions or proceedings of a civil nature
by or against the County;
(e)
At the request of the Chairman of the Legislature, Majority Leader
of the Legislature or by the Minority Leader of the Legislature, prepare
resolutions, legislation, legalizing acts, local laws and ordinances
to be presented for action by the County Legislature;
(f)
Organize the Department of Law into such administrative units as
may be required, with approval of the County Executive; and
(g)
Have all the powers and perform all the duties conferred or imposed
by law upon a County Attorney, except as may be inconsistent with
this Charter, and perform such other and related duties required by
the executive branch of County government.
[Amended 8-8-2016 by L.L.
No. 7-2016, approved 11-8-2016, effective 1-1-2017]
The County Attorney shall appoint such confidential Assistant
County Attorneys, officers and employees of the Department of Law
within appropriations made therefor. All Assistant County Attorneys
shall be duly admitted to practice law in the State of New York, except
as otherwise authorized pursuant to Sections 478 and 484 of the Judiciary
Law of the State of New York, be in the exempt class of the civil
service, and serve at the pleasure of the County Attorney, subject
to applicable law.
