There shall be a County Attorney, who
shall be appointed by and serve at the pleasure of the County Executive.
The County Attorney shall, at the time of his or her appointment and
at all times during his or her term of office, be a qualified elector
of the County. He or she shall also have been duly admitted to the
practice of law in this state and at all times during his or her term
of office and shall devote his or her full working time to the duties
of the office.
A.
The County Attorney shall:
(1)
Be the sole legal advisor for the County;
(2)
Advise all County officers, departments, agencies
and units in all County legal matters of a civil nature;
(3)
Prosecute or defend all actions or proceedings
of a civil nature brought by or against the County;
(4)
Prepare all necessary legal papers and instruments
pertaining to the County government, exclusive of the preparation
of local laws, resolutions, legalizing acts or other legislation or
memoranda and opinions in support thereof, which fall within the purview
of the Counsel to the Legislature; and
(5)
Have all the powers and perform all the duties
conferred or imposed by law upon a county attorney, except as may
be inconsistent with the Charter, and perform such other and related
duties required by the Executive Branch of County government.
B.
Reports. On or before March 1 of each year, the County
Attorney shall make an annual report to the County Legislature and
County Executive for the immediately preceding calendar year, covering
generally the work of the department. The County Attorney shall make
such other reports at such times as may be required by the County
Legislature, County Executive or any applicable law. Copies of all
reports shall be filed with the Clerk of the County Legislature and
the County Executive.
A.
The County Attorney shall have the power to
appoint Assistant County Attorneys as may be authorized by the County
Legislature. All Assistant County Attorneys shall be duly
admitted to practice law in the State of New York, shall be in the
exempt class of civil service, and shall serve at the pleasure
of the County Attorney.
B.
The Assistant County Attorney shall perform such duties
pertaining to the office as may be directed by the County Attorney.
C.
The Assistant, during the absence or inability of
the County Attorney, shall perform the powers and duties of the office
of County Attorney.
D.
In the event of a vacancy in the office of County
Attorney, the Assistant shall perform the powers and duties of the
County Attorney until a successor is appointed and has qualified.
E.
If more than one Assistant County Attorney shall be
appointed, the County Attorney shall designate in writing and file
in the office of the County Clerk and Clerk of the Legislature the
order in which such Assistants shall exercise the powers and duties
of the office in the event of a vacancy or the absence or inability
of such County Attorney to perform the duties of the office.
