There shall be a Department of Law headed by a County Attorney. The method of choosing the County Attorney shall be as provided in § C16.01 of Article XVI of the Charter.[1] The County Attorney shall be duly admitted to the practice of law in the State of New York and a resident of the County of Rockland.
[1]
Editor's Note: The Charter is included at the beginning of this volume.
A. 
Except as otherwise provided in the Charter[1] or this code, with regard to the County Legislature or otherwise, the County Attorney shall be the chief legal advisor for the County. The County Attorney may, upon the request of the governing body of any Town, Village, school district or special district and with the approval of the County Legislature, act as the legal advisor for such body. The County Attorney shall also have and exercise all the powers and duties heretofore or hereafter lawfully granted or imposed by the Charter, this code, local law, ordinance or resolution of the County Legislature or by any applicable provision of any act of the State Legislature not inconsistent with the Charter or this code. The County Attorney shall also perform such other related legal functions as the County Legislature or the County Executive may designate in order to implement and accomplish the policies and responsibilities the County Legislature has prescribed.
[1]
Editor's Note: See § C16.02 of the Charter.
B. 
The County Attorney shall advise and represent all County officers and employees in relation to their official duties and, where in the interest of the County, prepare all necessary papers and written instruments in connection therewith; prosecute or defend all actions or proceedings of a civil nature brought by or against the County; when authorized by the County Legislature or the County Executive, prosecute and defend all proceedings of a civil nature brought against the County Legislature or any County officer or employee whose compensation is paid from County funds for any official act, except as otherwise provided by the Charter, this code or any applicable act of the Legislature not inconsistent with the Charter or this code; on request, prepare resolutions, ordinances, legalizing acts and local laws to be presented for action by the County Legislature, together with notices and other items in connection therewith; and perform such other and related duties as may be prescribed by law not inconsistent with the Charter or this code or by ordinance or resolution of the County Legislature.
C. 
Whenever the interests of the County Legislature or the County are inconsistent with the interests of any County officer or employee paid his or her compensation from the County funds, the County Attorney shall represent the interests of the County Legislature and the County. In such case, the officer or employee may, at his or her own expense, employ an attorney at law.
D. 
The County Attorney may, within the limits of the appropriations provided therefor, employ special counsel, professional, technical or other consultant services and incur such expenses in connection therewith as he or she may deem necessary for the performance of his or her duties.
On or before March 1 of each year, the County Attorney shall make an annual report for the immediately preceding calendar year, covering generally the work of his or her office. The County Attorney shall make such other reports at such times as may be required by the County Legislature, the County Executive or any other applicable law. Copies of all reports shall be filed with the Clerk to the County Legislature and the County Executive.
The County Attorney shall prepare, annually, a supplement, if any, to the Charter or this code, which shall indicate all additions to, repeals and amendments of the Charter or this code.
A. 
The County Attorney, within the appropriations provided therefor, shall appoint such officers, assistants and/or employees in his or her Department, including such actual deputy positions as may be authorized and budgeted, as shall be authorized by the County Legislature. All Deputy County Attorneys shall serve at the pleasure of the County Attorney, other than those having civil service status, subject to all applicable provisions of New York State law.
B. 
The County Attorney shall designate and deputize a deputy or deputies to whom shall be delegated all the powers and duties of the County Attorney and the authority to act generally for and in place of said County Attorney.
C. 
The designation or designations shall be in writing and shall designate the relative rank of the deputies, including the order of temporary succession to the duties of the County Attorney during absence, disability or otherwise and also may delegate among them such powers and duties as he or she may determine. The designation(s) and delegations shall be in writing and filed in the Department of Records, and copies thereof shall be filed with the Clerk to the County Legislature and with the County Executive.