[Adopted as Secs. 2-10 through 2-12 of the 1965 Code (Ch. 3, Art. II, of the 1986 Code)]
[Amended 12-20-2004 by Ord. No. 04-100423B]
A. 
The City Solicitor shall appear as counsel or, subject to appropriation, assign outside counsel in all legal or quasi-judicial proceedings involving the rights of the City when an estate, right, privilege, ordinance, act or direction of the City is brought into question, and he will defend, or cause to be defended, officers of the City in legal actions or quasi-judicial proceedings against them arising out of any claim, demand, suit or judgment by reason of any act or omission, except an intentional violation of civil rights of any person, if the official at the time of such act or omission was acting within the scope of his official duties or employment. Any such defense shall hold harmless all officers from personal financial loss and expense up to limits established by specific statutes accepted by the City.
B. 
He may, when approved by the Mayor and subject to the availability of funds within his budget or an appropriation approved by the City Council for said purpose, take such steps, incur such expenses and engage such counsel as he deems necessary for the prosecution and defense of suits, quasi-judicial and other legal proceedings involving the rights of the City, and he shall, when directed by the Mayor and subject to the availability of funds within his budget and/or appropriation approved by the City Council for said purpose, take such steps, incur such expenses and engage such counsel as he deems necessary for the prosecution and defense of suits or quasi-judicial and other legal proceedings involving the rights of the City.
C. 
He may, when approved by the Mayor and subject to the availability of funds within his budget or an appropriation approved by the City Council for said purpose, take such steps, incur such expenses and engage such counsel as he deems necessary to defend the actions or enforce the decisions of a board, committee, agency or commission in any suit, quasi-judicial or other legal proceeding, and he shall, when directed by the Mayor and subject to the availability of funds within his budget or an appropriation approved by the City Council for said purpose, take such steps, incur such expenses and engage such counsel as he deems necessary to defend the actions or enforce the decisions of a board, committee, agency or commission in any suit, quasi-judicial or other legal proceeding.
D. 
He may, by agreement for judgment or otherwise, settle any claims, suit, action or process in the defense of the City, except he may not agree to any such settlement in which the City shall be interested in a sum of money exceeding $1,000, exclusive of costs, without the prior approval of the Mayor and subject to appropriation from the City Council; in the event that funds are not available for settlement, any and all settlements shall be subject to approval by the Mayor and appropriation from the City Council. He may, by agreement for judgment or otherwise, settle the prosecution of any suit, quasi-judicial or other legal proceeding involving the rights of the City except he may not agree to any such settlement if the sum of money to be received is $1,000 less than the amount claimed by the City without the prior approval of the Mayor and subject to appropriation from the City Council.
E. 
He shall not, when a City board, commission, agency or committee votes to appeal the decision of or pursue legal action against another City board, commission, agency or committee, act as legal counsel to either party, but may, as directed by the Mayor and City Council and subject to the approval of an appropriation sufficient to pay estimated cost, assign outside legal counsel to one or both parties.
F. 
He shall, when requested by the Mayor and City Council, appear before the legislature or any committee thereof to represent the interest of the City. He shall furnish to the Mayor, City Council, any committee of the City Council, any board, commission, committee or agency or any officer in charge of a City department his legal opinion on any subject or questions submitted to him in writing and relating to the discharge of their official duties.
[Added 12-20-2004 by Ord. No. 04-100423B[1]]
A. 
All claims against the City shall be presented to the City Clerk, who shall retain the original. A copy shall be forwarded to the City Solicitor, who shall seek payment of those claims deemed valid from insurance proceeds, third parties or City funds, whichever is appropriate. He may by agreement for judgment or otherwise settle any claims, except he may not agree to pay any demand exceeding $1,000, exclusive of costs, without the prior approval of the Mayor and subject to appropriation from the City Council. In the event that funds are not available for settlement, any and all settlements shall be subject to approval by the Mayor and appropriation from the City Council.
B. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection B, added 8-18-2008 by Ord. No. 08-1001787A, as amended 10-26-2009 by Ord. No. 08/09-1001787E, which permitted City employees to contact private contractors and/or their insurers to assist claimants whose claims have been denied, expired 6-30-2011.
C. 
Any written claim presented to the City of Marlborough alleging that a residential mailbox has been damaged by the operation of a snow plow shall be granted upon written confirmation provided by the Department of Public Works to the Legal Department that City of Marlborough snow plow operations were in effect during the date when, and on the street where, the claimed mailbox damage occurred; provided, however, that such claim must be accompanied both by an auto-dated photograph(s) of the damaged mailbox as well as by a paid receipt showing the actual cost of the mailbox’s repair or replacement; and provided, further, the maximum amount of reimbursement shall be set at $75, except that in the absence of such photograph(s) and/or such paid receipt, the maximum amount of reimbursement shall be set at $30. This subsection shall be applicable to only those mailbox claims accruing on or after March 1, 2012.
[Added 8-18-2008 by Ord. No. 08-1001787A; amended 10-26-2009 by Ord. No. 08/09-1001787E; 6-28-2010 by Ord. No. 10-1002619; 3-12-2012 by Ord. No. 12-1004079A]
[1]
Editor's Note: This ordinance also repealed former § 3-13, First Assistant City Solicitor, added 2-14-1983 by Ord. No. 22709.
The City Solicitor shall draft all bonds, deeds, obligations, contracts, leases, conveyances, agreements and other legal instruments of whatever nature which may be required of him by any ordinance or by any order of the Mayor, the City Council or any committee thereof, or which may be required of any person contracting with the City and which, by law, usage or agreement, the City should furnish. He shall examine, or cause to be examined, all titles of real estate to be conveyed to the City.
[Added 9-25-2006 by Ord. No. 06100-1234C]
A. 
The Mayor, subject to confirmation by the City Council, shall appoint an Assistant City Solicitor, who shall serve for a term of three years and until his/her successor is qualified.
B. 
Under the direction of the City Solicitor, the Assistant City Solicitor shall be a corporate attorney to all boards, department heads and officers of the City. He/she shall maintain an office at City Hall and be available during business hours for legal advice and service to said boards, department heads and officers. He/she shall attend meetings and hearings when directed without additional compensation.
C. 
The Assistant City Solicitor shall assist the City Solicitor in all suits, actions, prosecutions and hearings which involve the rights of the City and shall defend all officers of the City in suits against them for their official actions or for the performance of their duties.
D. 
Under the supervision of the City Solicitor, the Assistant City Solicitor shall render his/her legal opinion to the Mayor, City Council or to any board or officer in charge of a department of the City on any question submitted in writing to the City Solicitor relating to the discharge of their official duties.