[1]
State Law reference: Appointment of City Solicitor, MGL, c.
43, § 60.
[Ord. of 1-27-1970, § 1; Ord. of 1-12-1982; Ord. of 7-8-1986]
There shall be a City Solicitor. He shall be an attorney and
counselor-at-law admitted to practice in the courts of the commonwealth.
He shall act as the legal advisor and solicitor of the City, except
to the extent that the Mayor may authorize or require the advice or
services of such additional counsel as he may deem advisable. No fees
for legal services shall be paid by the City except as authorized
under this Article.
The City Solicitor shall be paid a salary in accordance with
the compensation plan.
In addition thereto, there shall be a legal services account,
to be funded by an appropriation of the Mayor and the City Council,
from which the City Solicitor and other counsel hired by the Mayor
shall be compensated for legal services. The City Solicitor shall
submit billings each month to the City for legal services showing
time accounting, but payment for services rendered shall be by agreement
with the Mayor. However, no fees for legal services shall be paid
by the City to the City Solicitor in excess of the amount of funds
appropriated annually to this account except as otherwise authorized
under this article.
There shall also be a litigation defense account, to be funded
by an appropriation of the Mayor and City Council, from which the
City Solicitor shall have the right to withdraw sums as legal fees,
upon billings by the City Solicitor showing time accounting, at a
rate approved by order of the City Council. Said litigation defense
account shall be used to compensate the City Solicitor, or other outside
counsel engaged hereunder, for legal efforts in defense of the City,
before the Superior Court, the Appeals Court, the Supreme Judicial
Court, or any court of the United States of America.
The City Solicitor shall examine all titles to property when
so requested by the City Council or a City official. The City Solicitor
shall give his written approval thereon as to form and manner of execution
of all deeds, obligations, contracts, bonds, leases, conveyances,
agreements and other legal instruments which may be necessary to carry
out the purposes of any ordinance or order of the City Council or
to which the City or its agents may be a party, and no such instrument
shall be a binding obligation of the City unless so approved, but
this sentence shall not apply to any bond or note evidencing a debt
of the City. All orders for the laying out, discontinuance, change
or improvement of streets or ways, or for the taking of lands for
any municipal purposes whatsoever or for the assessment of betterments
shall be submitted to his examination before the same are offered
for enactment.
The City Solicitor shall commence and prosecute on behalf of
the City all actions and other proceedings at law or in equity desired
to be begun by the City or by any officer thereof, and shall defend
all actions and suits brought against the City. He shall appear as
counsel in any other action, suit or prosecution which may involve
the rights and interests of the City, and shall defend any of the
officers of the City in suits or prosecutions against them for any
official action or arising out of the performance of any official
duty, when any estate, right, privilege, ordinance, act or order of
the City government may be brought in question. This provision shall
not authorize him, however, to act on behalf of any such officer in
proceedings brought under the Charter for his removal. He shall also
appear as counsel before the Legislature of the commonwealth, or any
committee thereof or any governmental department, whenever so requested
by the City Council, concerning any matter in which the interest and
welfare of the City may be directly or incidentally affected.
He shall, in all matters, do every professional act incident
to the office which may be required of him by the City Council, or
by any ordinance or order.
[Ord. of 9-8-2020]
The City Solicitor shall, whenever so required by the mayor,
the City Council Body or any officer of the City government who may
need the same in the discharge of official duty, furnish them with
their his legal opinion, upon any subject touching the duties of their
respective offices. Whenever the opinion is required to be in writing,
the question submitted for their his consideration shall also be stated
in writing.
[Ord. of 6-24-1980]
The City Solicitor may engage such secretarial-clerical assistance,
as he deems appropriate, and such a person so engaged shall be compensated
in grade PT-26 of Schedule B, Part V of the compensation plan.
