[HISTORY: Adopted by the Town Board of the Town of Huntington 9-14-1982 by L.L. No. 14-1982. Amendments noted where applicable.]
A. 
Word usage. Whenever used in this chapter, words used in the singular include the plural and vice versa.
B. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
ASSISTANT TOWN ATTORNEY
The Assistant Town Attorney of the Department, who shall act generally for and in place of the Town Attorney.
DEPARTMENT
The Town of Huntington Department of the Town Attorney's Office, which shall perform a major function of town government.
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.
A. 
There shall be established herewith as a Department of the Town of Huntington a Department to be known as the "Town of Huntington Department of 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 the 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 in which the Town Board of the Town of Huntington is concerned with or involved therein. The Town Attorney shall have the power and authority to appoint and remove officers and employees under his jurisdiction in accordance with the Civil Service Law and other applicable laws, except the appointment and removal of the Deputy Town Attorney, who shall be appointed and removed by the Town Board.
[Amended 10-14-2003 by L.L. No. 34-2003]
B. 
The Deputy Town Attorney shall generally act for and in behalf of the Town Attorney and shall perform such duties vested in and imposed upon that office by the provisions of this chapter, by statute or by other lawful authority.
[Amended 10-14-2003 by L.L. No. 34-2003]
A. 
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, and 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, may amend or modify the allocation of responsibilities of the Department. Any Deputy Town Attorney or Assistant Town Attorney shall serve at the pleasure of the appointing authority, and in no event shall the term of any such Deputy Town Attorney or Assistant Town Attorney continue beyond or be longer than the term of the Town Attorney in office at the time of said appointment.
B. 
In addition to the powers and responsibilities enumerated above, the Town Attorney shall:
(1) 
Appoint assistants, who shall generally act for and on his behalf and who shall perform such duties as are vested in and imposed upon that office by the provisions of this chapter, by statute or by other lawful authority.
(2) 
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. The Town Attorney may delegate any of his powers or direct any of his duties to be performed to the Deputy Town Attorney and/or to any Assistant Town Attorney.
(3) 
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, subject to the prior approval of the Town Board, except that such prior approval will not be required in cases of emergency.
[Amended 10-14-2003 by L.L. No. 34-2003]
A. 
General services. The Town Attorney shall have the following powers and duties:
(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 be acquired by condemnation, purchase or gift. He shall be responsible for all of the proceedings regarding condemnation.
(3) 
Review, prepare and process the execution of all agreements entered into by the Town, its a agencies, and departments and special districts of the Town, including the approval of the notice to bidders, specifications, contract documents and insurance bonds, where required. He shall supervise the execution and review of agreements 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.
B. 
Legal services. The Town Attorney shall have the following powers and duties:
(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. Prepare and submit approving or opposing memoranda to the State Legislature or Governor, when 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 and 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 Town Attorney shall have the following powers and duties:
(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 for which summonses have been issued or have been approved by the Town Board.
(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.
(a) 
Legislative intent. It is the intention of the Town Board to authorize the Town Attorney, without prior consultation with or approval of the Town Board, to expeditiously settle claims and proceedings in a cost-effective manner and to institute civil claims and proceedings, in the District Court of the State of New York, including but not limited to claims and proceedings seeking injunctive relief and civil penalties for violations of the Town Code, in the name of the Town of Huntington in order to protect the health, safety and welfare of the public-at-large. In order to accomplish this goal, the Town Board is exercising its authority pursuant to § 10(1)(ii)(a)(4), (5), (11) and (12) and § 10(1)(ii)(d)(3) of the Municipal Home Rule Law, Town Law § 64(23) and any other applicable provision of law now or hereinafter enacted, to supersede and/or expand upon the applicable provisions of Town Law § 68(1) and (4), and any other applicable provision of law now or hereinafter enacted, to the extent they authorize only the Town Board to settle or compromise an action, proceeding or claim; and Town Law §§ 65 and 135(1), and any other applicable provision of law now or hereinafter enacted, to the extent they authorize only the Town Board to maintain an action or legal proceeding or to compel compliance with or restrain by injunction the violation of any ordinance, rule or regulation.
(b) 
Settlement authority. The Town Attorney is authorized, in his or her discretion, to settle any claim or proceeding instituted against the Town of Huntington, its boards, departments, special districts, agencies, officers and/or employees to recover damages for injury to persons and/or property which shall not exceed twenty thousand ($20,000) dollars.
[Amended 4-9-2013 by L.L. No. 7-2013]
(c) 
Authority to commence civil actions. Notwithstanding the provisions of § 64-4(C)(2) herein, the Town Attorney is authorized, in his or her discretion, without prior consultation with or approval of the Town Board, to commence civil actions or proceeding in the name of the Town of Huntington in the District Court of the State of New York to compel compliance with or restrain by injunction the violation of any applicable law, rule, regulation, local law or ordinance; to recover for damages sustained by the Town, its departments, agencies and districts; to seek civil penalties; and any other civil action deemed necessary or appropriate by the Town Attorney. Notwithstanding the provisions of § 64-4(C)(5)(b) herein, the Town Attorney may settle any action commenced pursuant to this section without the approval of the the Town Board.
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.
If any section, provision or part hereof in this chapter shall be adjudged invalid or unconstitutional by a court of competent jurisdiction, then such adjudication shall not affect the validity of the chapter as a whole or any section, provision or part thereof not so adjudged invalid or unconstitutional.
This chapter is enacted under the provisions of Article 9 of the New York State Constitution, the Town Law and the Municipal Home Rule Law of the State of New York. This chapter 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.