[Adopted 4-5-2011 by L.L. No. 11-2011 (Ch. 26, Art. III,
of the 1976 Code)]
This article shall be known as "Office of the Town Attorney."
Whenever used in this article, words in the singular include
the plural and vice versa, and the following terms shall have the
meanings indicated:
The Code of the Town of Riverhead.
The Deputy Town Attorneys of the Office of the Town Attorney,
one of whom shall act generally for and in place of the Town Attorney.
The Supervisor of the Town of Riverhead.
The Town of Riverhead.
The head of the Office of the Town Attorney.
The Town Board of the Town of Riverhead.
A.
Establishment. There shall be established herewith the Office of
the Town Attorney.
B.
The principal executive officer and administrative head of the Office
of the Town Attorney shall be the Town Attorney, who shall be appointed
by the Town Board for the terms fixed by law at such salary as may
from time to time be fixed by the Town Board. The Town Attorney shall
be appointed on the basis of his administrative experience and qualifications
for the duties of such office. The Town Board may appoint Deputy Town
Attorneys, one of whom shall generally act for and in behalf of the
Town Attorney, at such salary and for such term as may from time to
time be fixed by the Town Board, and who shall perform such duties
as may be directed by the Town Board and as are vested in and imposed
upon that office by the provisions of this article or any other statute
or law.
C.
Functions, powers and duties. The Town Attorney shall be the attorney
for the Town Board and all of the Town officers in their official
capacity and shall be the counsel and legal representative of the
Town Board in all proceedings, undertakings or activities which the
Town Board is concerned with or involved in. In addition, the Town
Attorney shall have the following powers and duties:
(1)
To render legal advice to all Town departments, agencies and offices,
as well as to special boards established by the Town Board.
(2)
To prepare or approve and process all leases and land acquisitions
on behalf of the Town.
(3)
To prepare or approve and process all contracts entered into by the
Town, its agencies and departments, including, where required, approval
of notices to bidders, specifications, contract documents, insurance
and bonds; to supervise the review and preparation of contracts and
related local laws and any and all change orders and notices of lien;
and to attend all necessary conferences involving departments, consultants
and contractors and render legal advice and assistance during the
term of such contracts.
(4)
To prepare and process all special agreements entered into by and
on behalf of the Town, such as consultant agreements and concession
agreements.
(5)
To prepare, review and recommend all Town local laws and amendments
thereto and related public notices and local laws.
(6)
To perform legal research and render legal opinions.
(7)
To review all petitions and exhibits for changes of zone and special
use permits, including preparation of public notices and related local
laws.
(8)
To review all applications and petitions in relation to special district
improvements or extensions, including preparation of related public
notices, local laws, orders and other required documents.
(9)
Except as otherwise provided, to represent the Town in all litigation
matters, including the preparation and filing of all necessary pleadings,
briefs, memoranda of law, etc., and make recommendations as to settlement
or appeal of such matters.
(10)
To prosecute violations of Town local laws; provided, however,
that the Town Attorney may negotiate dispositions in such matters.
(11)
The Town Attorney shall be empowered to commence and defend
proceedings or file notice of appeal in the name of the Town as in
his judgment may be necessary for the benefit or protection of the
Town in any of its rights or property. After filing of a notice of
appeal, the Town Attorney, designee of the Town Attorney or special
counsel shall be required to obtain Town Board approval prior to perfecting
an appeal.
(12)
The Town Attorney shall be empowered to perform such other duties
and functions which are prescribed to be performed by him in any local
law or resolution of the Town Board or lawful directive of the Supervisor.
However, the Town Attorney may delegate any of his powers or direct
any of his duties to be performed to any Deputy Town Attorney.
(13)
Furthermore, the Town Attorney is hereby authorized and empowered,
subject to the prior approval of the Town Board, except that such
prior approval will not be required in cases of emergency, to retain
and employ private consultants, experts and other parties which the
Town Attorney deems proper and appropriate in fulfilling the responsibilities
and obligations of his office.
[Amended 6-7-2016 by L.L.
No. 18-2016]
(14)
To assume any additional duties as may be assigned by the Town
Board.
The provisions set forth in this article are enacted pursuant
to Municipal Home Rule Law § 10, Subdivision 1(ii)a(1) and
1(ii)d(3), and are intended to supersede Town Law § 65,
Subdivision 1.
Nothing herein contained shall be construed to delegate or transfer
any powers of the Supervisor contained in the Town Law of the State
of New York or any other statutory or other powers which may be exercised
lawfully by the Supervisor.
