[1982 Code, Ch. IV, § 1]
(A)
There shall be a Legal Services Department established for the City
under the supervision and control of the City Manager. The City Manager,
with the approval of the City Council, shall appoint a City Attorney
who, together with any Assistant City Attorney, shall be a member
in good standing of the Massachusetts bar. The City Attorney shall
direct the functions of the Legal Services Department and may employ,
with the approval of the City Manager, such employees or special employees
as may be necessary to carry out the duties of the Department. The
City Attorney, for the purposes of this code, shall be an officer
of the City.
(B)
The Legal Services Department shall, in addition to any statutory
requirements or specific assignments by the City Manager, perform
and be responsible for the following duties and services:
(1)
To counsel and advise all executive officers, boards, committees
and commissions of the City concerning all legal matters in which
the City has an interest, and such executive officers, boards, committees
or commissions shall, in the first instance, confer with or refer
to said legal services department for its attention all such legal
matters, except those carried on in the regular course of business.
(2)
To represent the City in all legal proceedings by or against
the City.
(3)
All legal opinions given to any executive officer, board, committee
or commission shall be in writing signed by the City Attorney and
the Legal Services Department shall be responsible for filing the
original with the City Clerk for a permanent record, for sending a
duplicate of the original to such person, board, committee or commission
requesting the opinion and for sending a copy thereof to the City
Manager.
(4)
To discuss, assist in, supervise or conduct any and all legal
matters for any officer, department head, board, committee or commission
of the City.
(5)
To pay all proper charges against the City for any and all legal
services or expenses that are properly incurred by any City Officer,
department head, board, committee or commission except those that
by statute are allowed to pay their own bills for legal services and
expenses or who, by proper City Council vote, have an appropriation
for legal services and expenses in the budget of their own office,
department, board, committee or commission.
[1982 Code, Ch. IV, § 2]
The City Manager shall have full authority as agent of the City
to institute and prosecute suits in the name of the City or its officers
in his or her official capacity and to appear and defend suits brought
against its officers in their official capacity, unless otherwise
ordered by a vote of the City, or provided by law.
[1982 Code, Ch. IV, § 3]
(A)
The City Manager may institute, prosecute, defend, compromise and
settle claims, actions, suits or other proceedings brought by, on
behalf of, or against the City.
(B)
In no case shall a settlement be so made by a payment of more than
$2,500 without a vote of authority from the City.
(C)
He or she may employ special counsel in suits by or against the City
whenever he or she deems it necessary.
