There shall be a Department of Law, under the direction of a
County Attorney, who shall be appointed by the County Executive subject
to confirmation by the County Legislature. At the time of his/her
appointment, and throughout his/her term of office, the County Attorney
shall be and remain duly licensed and entitled to practice law in
the State of New York. He/She shall be appointed on the basis of his/her
legal experience and other qualifications for the responsibilities
of his/her office. He/She shall be directly responsible to, and serve
at the pleasure of, the County Executive.
[Amended 11-21-1978 by L.L. No. 6-1978]
Except as may otherwise be provided in this Charter, the County
Attorney shall, with respect to County civil matters:
(a) Be the sole legal advisor for the County and its executive units,
including its officers, other than the Legislature and its officers;
(b) Prepare all necessary legal papers and instruments pertaining to
the County government, exclusive of the preparation of local laws,
ordinances, resolutions, legalizing acts or other legislation and
memoranda and opinions in support thereof, which fall within the powers
and duties of the Counsel to the Legislature;
(c) Prosecute or defend all civil matters or proceedings involving the
County and its units, including its officers;
(d) 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 non-conflicting duties
required by the County and its units, including its officers, other
than the Legislature.
The County Attorney shall have the power to appoint such Deputy
and Assistant County Attorneys and employees of his/her department
as shall be authorized by the County Legislature. At the times of
their appointment, and throughout their terms of office, all Deputy
and Assistant County Attorneys shall be and remain duly licensed and
entitled to practice law in the State of New York. All Deputy and
Assistant County Attorneys and employees of the department shall be
directly responsible to, and serve at the pleasure of, the County
Attorney, except as otherwise provided by the Charter, the Administrative
Code or applicable law.
The County Attorney, subject to approval by the County Executive,
shall designate in writing, and in order of succession, the Deputy
and Assistant County Attorneys who shall be Acting County Attorney
in the event of his/her absence from the County or inability to perform
and exercise the powers and duties of his/her office. Such designation
shall be filed with the County Clerk and the Clerk of the County Legislature
and may be revoked at any time by the County Attorney filing a new
written designation and order of succession. The Acting County Attorney
shall have all the powers and perform all the duties of the County
Attorney.
The County Attorney shall have the power to retain special counsel
where necessary and within appropriations made therefor.