City of Mount Vernon, NY Independent Counsel

To obtain independent counsel, either the Corporation Counsel or a judge of competent jurisdiction must consent and agree that the Corporation Counsel has a qualifying conflict of interest under New York State Law. This is a condition precedent to any City officers, boards, or departments employing independent counsel. Failure to comply with this requirement will deem the hiring of independent counsel an unauthorized expenditure upon the City and shall be fully reimbursable to the City when those expenditures are successfully challenged by the City.

In addition, any of the City officers, boards, or departments shall first present a written request to the Corporation Counsel for independent counsel. The written request shall specify the particular matter for which the City officers, boards, or departments seek the services of independent counsel, a description of the requested scope of services, and a description of the potential conflict of interest that is the basis for the request.

Within five business days after receiving the written request for independent counsel, the Corporation Counsel shall respond in writing to the City officers, boards, or departments either consenting or not consenting to the request for independent counsel. If the Corporation Counsel does not consent to the request for independent counsel, the Corporation Counsel shall state in the written response why he or she believes that there is no conflict of interest regarding the particular matter.

If the City officers, boards, or department heads continue to believe there are adequate grounds for independent counsel despite the Corporation Counsel's response that there is no conflict of interest, the City officers, boards, or departments may, within 30 days after receiving the Corporation Counsel's written response, challenge the Corporation Counsel's determination on the issue of conflict of interest in a New York State Court of competent jurisdiction.

If at any time after the retention of independent counsel, the Corporation Counsel believes that there is no longer a conflict of interest, the Corporation Counsel shall state in writing to the City officers, boards, or departments why he or she believes that there is no longer a conflict of interest. Within five business days after receiving the written statement from the Corporation Counsel, the City officers, boards, or departments shall respond in writing, either agreeing or disagreeing that there is no longer a conflict of interest. If the City officers, boards, or departments agree that there is no longer a conflict of interest regarding a particular matter, the City Officers, boards, or departments shall cease employing independent counsel for legal advice regarding the matter and the Corporation Counsel shall serve as legal adviser to the City officers, boards, or departments, regarding that matter.

If the City officers, boards or departments state in its written response that it believes the conflict of interest still exists, then the City officers, boards, or department may continue to use the counsel that was initially retained.

The cost of any of the services of the independent counsel shall be paid for by the City officers, boards, or departments, subject to the budgetary and fiscal provisions of the most current budget for the City of Mount Vernon unless, the City Council passes a city ordinance to allow the charges to be levied against the general fund.

Prior to commencing any legal work on behalf of City officers, boards, or departments, independent counsel must have their rates approved by the Board of Estimate.

In addition, prior to commencing any legal work on behalf of City officers, boards, or departments, independent counsel must file a copy of their Board of Estimate approved retainer with the Corporation Counsel.

Prior to being paid, any independent counsel providing legal services to any City officers, boards, or departments must submit their bills, invoices, to the Corporation Counsel for review; said bills, invoices may be redacted, so as to not reveal legal strategy.

Within 30 days after being paid by the City of Mount Vernon, all independent counsel providing legal services to any City officers, boards, or departments must submit a copy of their receipts of payment, wire transfers, and any other document demonstrating proof of payment with the Corporation Counsel.