Town of Islip, NY Chapter 50 Town Attorney, Department of

[HISTORY: Adopted by the Town Board of the Town of Islip 7-17-1974 by L.L. No. 9-1974. Amendments noted where applicable.]

§ 50-1 Title.

This local law shall be known as the "Office of the Town Attorney of the Town of Islip."

§ 50-2 Definitions and word usage.

A. Word usage. Whenever used in this local law, words in the singular include the plural and vice versa.

B. Definitions. As used in this local law, the following terms shall have the meanings indicated:

ASSISTANT TOWN ATTORNEY

The "Assistant Town Attorneys" of the Department, who shall act generally for and in place of the Town Attorney.

DEPARTMENT

The Town of Islip Department of the Office of the Town Attorney.

DEPUTY TOWN ATTORNEY

The deputy head of the Department, who shall act generally for and in place of the Town Attorney.

TOWN ATTORNEY

The head of the Department.

§ 50-3 Department established.

[Amended 6-17-1980 by L.L. No. 9-1980]

A. There shall be established herewith as a department of the Town of Islip a department to be known as the "Town of Islip Department of the Office of the Town Attorney." The principal executive officer and administrative head of such Department shall be the Town Attorney, who shall be appointed by the Town Board for the term fixed by law at such salary as may from time to time be fixed by said Town Board. The Town Attorney shall be appointed on the basis of his administrative experience and qualifications for the duties of such office. He shall be the attorney for the Town Board and all of the Town officers in their official capacity and shall be the legal counsel and representative of the Town Board in all proceedings, undertakings or activities which the Town Board of the Town of Islip is concerned with or involved therein. The Town Attorney shall be the head of the Department with power and authority to appoint or remove officers and employees under his jurisdiction in accordance with the Civil Service Law and other applicable laws.

B. The Town Attorney is empowered herein to appoint deputies and assistants who shall generally act for and in his behalf and who shall perform such duties as are vested in and imposed upon that office by the provisions of this local law, by statute or by other lawful authority.

C. The Town Attorney shall have powers as shall be necessary for the proper administration of the Department, consistent with applicable provisions of law, and at his sole discretion and judgment he may amend or modify the allocation of responsibilities of his Department.

§ 50-4 General powers and duties.

[Amended 6-17-1980 by L.L. No. 9-1980]

A. General services. The powers and duties are to:

(1) Render legal advice to all Town departments, agencies and offices, as well as to special boards established by the Town Board.

(2) Prepare and process the execution of all leases and land acquisitions on behalf of the Town and special districts, whether the same are acquired by condemnation, purchase or gift. He shall be responsible for all of the proceedings regarding condemnation.

(3) Approve, prepare and process the execution of all contracts entered into by the Town, its agencies and departments or special districts of the Town, including the approval of the notice to bidders, specifications, contract documents, insurance and bonds, where required. He shall supervise the execution and review of contracts and the preparation of related resolutions and any and all change orders, processing notice of liens, attending all necessary conferences involving departments, consultants, contractors and the rendering of legal advice and assistance during the term of the contract.

(4) Prepare and process the execution of all special agreements entered into by and on behalf of the Town, such as consultant agreements and park concession agreements.

B. Law. The powers and duties are to:

(1) Prepare, review and recommend all Town ordinances and local laws, and amendments thereto, and related public notices and resolutions.

(2) Review all proposed legislation introduced before the New York State Legislature which affects or concerns Town government and, where appropriate, advise the Town Board and affected departments or agencies, concerning proposed legislation. He shall prepare and submit approving or opposing memoranda to the State Legislature or Governor, whan appropriate, and advise the Town Board and appropriate Town officials and departments when bills are enacted into law.

(3) Render formal legal opinions.

(4) Perform such legal research and assist or prepare legal opinions.

(5) Review all petitions and exhibits for changes of zone, special use permits, including preparation of public notices and related resolutions.

(6) Review all applications and petitions in relation to special and commissioner district improvements or extensions, including preparation of related public notices, resolutions, orders and other required documents.

(7) Process and undertake all disciplinary proceedings.

(8) Represent the Town Board in collective bargaining and personnel issues.

C. Litigation. The powers and duties are to:

(1) Prepare and try all litigation matters instituted by or against the Town in all courts.

(2) Prosecute all violations of Town ordinances and local laws.

(3) Institute or defend tort claims involving the Town which are not covered by insurance or where the Town seeks direct reimbursement.

(4) Prepare, process and file all necessary pleadings, briefs, memoranda of law, etc., and investigate, examine, evaluate and process all evidentiary matters and witnesses in related legal proceedings.

D. The Town Attorney shall be empowered to perform such other duties and functions which are prescribed to be performed by him in any law, ordinance or resolution of the Town Board, or lawful directive of the Supervisor. However, the Town Attorney may delegate any of his powers to or direct any of his duties to be performed to any Assistant Town Attorney.

E. 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 promulgating the responsibilities and obligations of his office.

F. [1]Division of Code Enforcement. Its powers and duties are to investigate all alleged violations of the Code of the Town of Islip or, to such end, applicable state codes, laws, rules and regulations. The Town Attorney may employ such investigators, zoning inspectors, ordinance inspectors, sign inspectors, or any other personnel as may be required to effectuate the same, within budgetary limits set by the Town Board. The Division shall be responsible for the enforcement of all violations of the aforesaid codes, laws, rules and regulations and/or obtaining compliance with the same. Persons in said Division designated by the Town Attorney in conformance with the Civil Service Law may issue notices of violation, appearance tickets, summonses or any other notices as permissible by law. Nothing herein shall be construed to limit any other power of the Town Attorney as provided by the Code of the Town of Islip or any other applicable law, rule or regulation.

[Added 2-9-2016 by L.L. No. 1-2016]

[1] Editor’s Note: Former Subsection F, Division of Code Enforcement, added 2-9-2016 by L.L. No. 1-2016, which immediately followed this subsection, was repealed 12-18-2018 by L.L. No. 2-2018.

§ 50-5 Powers of Town Supervisor.

[Amended 6-17-1980 by L.L. No. 9-1980]

Nothing herein contained shall be construed to delegate or transfer any power of the Town Supervisor contained in §§ 29, 52 and 125 of the Town Law of the State of New York or any other powers which may be exercised lawfully by said Supervisor.

§ 50-6 Severability.

[Amended 6-17-1980 by L.L. No. 9-1980]

If any section, provision or part thereof in this local law shall be adjudged invalid or unconstitutional by a court of competent jurisdiction, then such adjudication shall not affect the validity of the local law as a whole or any section, provision or part thereof not so adjudged invalid or unconstitutional.

§ 50-7 Legislative authority; when effective.

[Amended 6-17-1980 by L.L. No. 9-1980]

This local law is enacted under the provisions of Article 9 of the New York State Constitution, of the Town Law and of the Municipal Home Rule Law of the State of New York. This local law shall take effect when the appropriate certified copies hereof are filed with the Secretary of State and the Comptroller of the State of New York, pursuant to the Municipal Home Rule Law.