[HISTORY: Adopted by the Board of Trustees of the Village of Lynbrook 6-15-2009 by L.L. No. 4-2009. Amendments noted where applicable.]
GENERAL REFERENCES
Salaries and compensation — See Ch. 43.
Notwithstanding the various powers and duties of the Village Attorney which are enumerated throughout the Village Code, the Board of Trustees hereby finds and declares that the Office of Village Attorney (which has existed in Lynbrook since its inception as an incorporated village), should be a separate and distinct chapter in the Village Code. Such an articulation of the public office of Village Attorney will achieve greater clarification for the public as to the powers and duties of the Village Attorney, as well as the functions thereof constituting a "public office," and the eligibility of the Village Attorney to participate in the general compensation practices of the Village.
Pursuant to Village Law §§ 3-301 and 4-412, the Office of Village Attorney is hereby continued. The Village Attorney shall be an officer and an employee of the Village appointed by the Mayor each year for the term of one year at such salary as may be, from time to time, fixed by the Board of Trustees. The Village Attorney shall provide legal services for the Village for such hours each day, but not less than six, as designated by the Village Board. The Village Attorney shall be appointed on the basis of legal ability and experience, administrative background and professional qualifications for the performance of the duties of such office. The Village Attorney shall be counsel to the Village Board (including its various Departments, Boards and Commissions) and the members thereof in their official capacity and shall represent the Village as counsel in all legal proceedings, litigations, undertakings as directed by the Board of Trustees or otherwise pursuant to law.
There shall be established the office of Deputy Village Attorney who shall be an officer and an employee of the Village appointed annually by the Mayor for a term of one year at a salary to be fixed from time to time subject to the approval of the Board of Trustees. The Deputy Village Attorney shall:
A. 
Act in the capacity of Village Attorney, when required or requested by the Board of Trustees or by the Village Attorney, and shall perform all such duties as necessary while acting in said capacity;
B. 
Act as counsel to such boards, committees and/or departments of the Village as designated, from time to time, by the Mayor;
C. 
Shall be a resident of the Village of Lynbrook; and
D. 
Shall provide legal services to the Village for such hours each week as designated by resolution of the Board of Trustees.
A. 
General services. The powers and duties are to:
(1) 
Render legal service and advice to the Village Board and all Village boards, departments and commissions.
(2) 
Prepare and process the execution of all legal documents related to land acquisition or sale, lease or other demise as required by resolution of the Village Board. The Village Attorney shall draft, review and/or negotiate such contracts as may come before the Village Board for the conduct of the business of the Village and shall include draft, review and negotiation of other documents where required by the transactional business of the Village.
(3) 
Provide legal opinions or legal advisories pursuant to the direction of the Village Board, the Mayor, or a Trustee when acting in the capacity as elected official.
(4) 
Act as the head of the Office of Village Attorney, and supervise and direct such employees as may, from time to time, be assigned thereto by the Mayor.
B. 
Law. The powers and duties are to:
(1) 
Prepare, review and recommend Village ordinances and local laws, and amendments thereto, and related public notices and resolutions as required by the Village Board.
(2) 
Review proposed legislation introduced before the New York State Legislature which affects or concerns Village government and, where appropriate, advise the Village Board and its departments, or committees, concerning newly adopted legislation with recommendations as to compliance therewith.
(3) 
Review petitions for change of zone or for new local laws, applications for special use permits, subdivision applications, and other formal applications to the Village Board for its action or determination and prepare public notices and related resolutions; confer with outside counsel retained by the Village for labor negotiations or tax certiorari matters to provide necessary assistance and documents required for effective representation of the Village.
C. 
Litigation. The powers and duties are to:
(1) 
Review insurance agreements to determine whether litigation against the Village is covered under a policy of insurance held by the Village and, if so, take the necessary steps for timely notice to the appropriate insurance carrier for its action and representation under such coverage.
(2) 
Represent the Village in bringing such lawsuits as required to protect the rights and interests of the Village government, its property, its residents and the businesses therein as required by law.
(3) 
To defend all lawsuits brought against the Village, its departments or committees, its elected officials, offices or employees, as required by law.
(4) 
Prepare, process and file all necessary pleadings, briefs, memoranda of law, and motions, to investigate, examine and evaluate all evidentiary matters and legal issues, and regularly advise the Village Board of the status and exposure of each litigation with timely advice and recommendations to the Board as required by the circumstances, to attend conferences before the court, to prepare for trial and to try such actions as directed by the Village Board after appropriate conference and information sharing to assist the Board in its decision-making.
(5) 
May, when authorized by the Board of Trustees upon the recommendation of the Mayor, be separately employed to act as a prosecutor in the Village Court pursuant to Village Law § 20-2006, Subdivision 2-a.
D. 
Act as ex officio member of such boards, commissions, Councils and Commissions as the Mayor and Board of Trustees may direct.
E. 
Determine whether the interests of the Village conflict with the interests of a particular office or employee of the Village (otherwise entitled to representation by the Village Attorney) so as to require the retention of separate counsel.
F. 
The Village Attorney shall perform such other duties and functions which are prescribed to be performed as required by the Village Code or by statute or local law, or as required by resolution of the Village Board, or lawful directive of the Mayor.
G. 
The Village Attorney is authorized and empowered, subject to the prior approval of the Village Board, to retain and employ private consultants, experts, or other professionals deemed proper and appropriate for the performance of the aforesaid responsibilities and obligations.