The Borough Solicitor shall be a member of the Bar of the Supreme
Court of Pennsylvania with at least five years' experience in active
legal practice and shall be appointed for an indefinite term by the
Council, who shall fix his compensation.
The legal matters of the Borough shall be under the control
of the Borough Solicitor. No department or officer of the Borough,
except as herein otherwise provided, shall employ any additional counsel
without the assent or ratification of the Council. In the absence
of the Solicitor, the law firm of which he is a member or an associate
may perform any of the duties or functions of the Solicitor.
[Amended 12-18-2001 by Ord. No. 326]
The Borough Solicitor, when directed or requested so to do by
the Council or the Manager, shall prepare or approve such bonds, obligations,
contracts, leases, conveyances, ordinances and assurances to which
the Borough or any department thereof may be a party. He shall commence
and prosecute all actions brought by the Borough for or an account
of any of the estates, rights, trusts, privileges, claims or demands,
as well as defend all actions or suits against the Borough, or any
officer thereof, wherein or whereby any of the estates, rights, trusts,
privileges, ordinances or accounts of the Borough, or any department
thereof, may be brought in question before any court in the commonwealth
and shall do every professional act incident to the office which he
may be authorized or required to do by the Council or the Manager.
He shall, whenever required, furnish the Council or committees thereof,
the Mayor or the head of a department with his opinion, in writing,
upon any question of law which may be submitted by any of them in
their official capacities.
The Solicitor shall have the right of access at all times to
the official records of any officer, department, board or commission
of the Borough.
The Borough Council may, by resolution, appoint an assistant
Solicitor who shall, in the absence or disability of the Solicitor,
perform the duties and exercise the powers of the Solicitor.
Whenever the exigencies of the business of the Borough require
such action, the Council shall have the right to employ special counsel.