[Amended 11-16-2004 by L.L. No. 37-2004, effective 11-22-2004; 6-4-2013 by L.L. No. 30-2013, effective 6-17-2013; 1-7-2014 by L.L. No.
1-2014, effective 1-9-2014]
A. Establishment. There shall be established herewith a separate department
of the Town to be known as the "Department of Law."
B. Department head. 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 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. The Town Attorney shall have full power and authority to remove
assistants and to appoint or remove employees within the Department
in accordance with the Civil Service Law and other applicable laws,
except the appointment and removal of Deputy Town Attorneys, who shall
be appointed and removed by the Town Board. The Town Attorney shall
have powers as shall be necessary for the proper administration of
the Department, consistent with applicable provisions of law, and
shall have sole discretion and judgment to amend or modify the allocation
of responsibilities or to establish, consolidate or abolish divisions
or bureaus within the Department.
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 administer Town efforts concerning the acquisition, management
and disposition of real property.
(9) 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.
(10)
Except as otherwise provided, to represent the Town in all litigation
matters, including the preparation and filing of all necessary pleading,
briefs, memoranda of law, etc., and make recommendations as to settlement
or appeal of such matters.
(11)
To prosecute violations of Town local laws; provided, however,
that the Town Attorney may negotiate dispositions in such matters.
(12)
To administer the Parking Violations Bureau and prosecute violations
of the Uniform Code of Traffic Ordinances; provided, however, that
the Town Attorney may negotiate dispositions in such matters.
(13)
The Town Attorney shall be empowered to commence, defend or
appeal actions and proceedings 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.
(14)
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 to or direct
any of his duties to be performed to any Deputy or Assistant Town
Attorney.
(15)
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.
(16)
To assume any additional duties as may be assigned by the Town
Board.
[Added 2-26-2009 by L.L. No. 4-2009,
effective 3-9-2009]
A. Notwithstanding any inconsistent provision of any
state or local law heretofore enacted, the Town Attorney/Deputy Town
Attorney shall, at the time of his or her appointment and throughout
his or her term of office, be an elector and resident of the County
of Suffolk.
B. This section is enacted pursuant to Municipal Home
Rule Law §§ 10(1)(ii)(a)(1) and 10(1)(ii)(d)(3), and
pursuant to § 10(1) of the Statute of Local Governments,
and is intended to supersede Town Law § 23(1) and Public
Officers Law §§ 3(1) and 9, and any other statute or
local law relating to the qualifications of the Town Attorney/Deputy
Town Attorney.
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.