[Amended 4-30-2024 by Ord. No. 2024-025]
The appointment and general duties of the City Solicitor are prescribed in Article III, § 3(e), of the Framingham Home Rule Charter.
[Adopted 1-5-2021 by Ord. No. 2021-006 as Art. II, Sec. 4, of the General Ordinances]
The Mayor shall have authority to prosecute, defend and compromise, subject to the provisions of these ordinances, through the City Solicitor, all litigation to which the City is a party and to employ special counsel, whenever in the Mayor's judgment there is a necessity therefor.
The City Solicitor shall draft all bonds, deeds, leases, obligations, conveyances, and other legal instruments and do every professional act which may be required by vote of the Council, municipal officer, or any multiple-member body. Also, when required by any boards or committees of the City, the City Solicitor shall furnish a written opinion on any legal question that may be submitted to the Solicitor in regard to any matter which concerns said board or committee. The City Solicitor shall at all times furnish legal advice to any officer of the City upon any subject concerning the duties incumbent upon such officer by virtue of that office, upon request of such officer submitted through the Mayor.
The City Solicitor shall prosecute all suits ordered to be brought by the City and shall appear before any court in the commonwealth in defense of all actions or suits brought against the City or its officers in their official capacity. The City Solicitor shall try any and all cases to which the City shall be a party, before any tribunal in this commonwealth, or before any board of referees or commissioners.
The City Solicitor shall not make final settlement of any litigation to which the City is a party unless duly authorized to do so by the Mayor, according to the provisions of these ordinances, or by the Council.
Immediately upon being notified by the Chief of Police or Director of Public Works, or upon the receipt of notice from any other source, of injury to person or property, under circumstances which may give rise to a claim for damages against the City, the City Solicitor shall make a careful and complete investigation of all the facts relative thereto and report to the Mayor.
The City Solicitor shall, if requested by the Mayor or Chief of Police, prosecute in the local District Court any case for violation of the statutes of the commonwealth or ordinances of the City.
The City Solicitor shall annually make a written report to the Mayor, to be printed in the Mayor's Annual Report to the Council, concerning the professional services rendered by the Solicitor during the preceding year. Said report shall contain a statement of each case which has been settled, tried, or otherwise disposed of on behalf of the City during the year and also a statement of each case which is still pending, and the status of the same, together with such other information and recommendations as may be deemed advisable.
The City Solicitor shall notify in writing all officers, boards or committees of the City of any changes in the laws of the commonwealth affecting such officers, boards, or committees.