City of Schenectady, NY
Schenectady County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Schenectady: Art. I, 2-9-1970 by Ord. No. 15274; Art. II, 2-13-1984 by L.L. No. 1-1984. Section 29-8 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Legal notices — See Ch. 76.
[Adopted 2-9-1970 by Ord. No. 15274[1]]
[1]:
Editor's Note: The provisions of this chapter are derived from Ch. 2, Art. V, of former Revised Ordinances, adopted 2-9-1970 as Ord. No. 15274.

§ 29-1 Expiration of term. [1]

At the expiration of the term of office of the Corporation Counsel, he shall substitute his successor in office in his place as Counsel for the city in all pending actions and proceedings in which the city is a party and deliver to such successor all books and papers in his possession as such Counsel, unless the City Council shall especially direct otherwise.
[1]:
Editor's Note: Former Sec. 2-91, which immediately preceded this section and which provided for the compensation of the Corporation Counsel was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 29-2 Attendance at Council meetings; functions; duties.

The Corporation Counsel or his assistant shall attend all meetings of the City Council and give his opinion upon all questions of law that may be submitted to him; and when any resolution or other action is introduced at any meeting of the City Council at which he shall be present, which if adopted or assumed would, in his judgment, be illegal, it shall be his duty to announce such opinion to the City Council before action is taken thereon. He shall prepare and present all ordinances and resolutions which he shall be directed to prepare by the City Council or any of the committees thereof. He shall draw all deeds and conveyances to be executed by the city and also all ordinances, when directed to do so by the City Council. He shall examine all official bonds and all proposed ordinances and other instruments which may be referred to him by the City Council and give his opinion as to their legality, regularity and sufficiency.

§ 29-3 Attendance at Committee meetings.

The Corporation Counsel shall also attend all the meetings of the standing committees or any investigating committee of the City Council when asked to do so by the City Council or such committee.

§ 29-4 Advice to city officers.

The Corporation Counsel shall, when applied to, advise the various officers of the city in reference to their duties and the performance thereof.

§ 29-5 Duties in litigation.

The Corporation Counsel shall bring, maintain and prosecute, in the name of the city, all actions and legal proceedings which the City Council shall direct him to bring or institute, and he shall also defend and oppose all actions and legal proceedings brought or instituted against the city which the City Council shall direct him to defend or oppose.

§ 29-6 Protection of the city interest; indemnification and defense of officers and employees.

[Amended 2-16-1982 by Ord. No. 82-04]
A. 
The Corporation Counsel shall bring and prosecute in the name of any officer of the city any action or legal proceeding for enforcing or protecting any of the rights or property of the city, when directed so to do by the City Council and requested by such officer. He shall also defend and oppose all actions and legal proceedings brought or instituted against any officer of the city, at his request, in which the rights or property of the city are involved.
B. 
The City of Schenectady, pursuant to the terms of § 18 of the Public Officers Law, shall provide for the defense and indemnification of its officers and employees in any civil action or proceeding, state or federal, arising out of any alleged act or omission which occurred or allegedly occurred while the officer or employee was acting within the scope of his public employment or duties.
C. 
Defense of police officers; determination of scope of employment.
[Added 6-6-1994 by Ord. No. 94-17]
(1) 
The City of Schenectady, pursuant to Subdivision 6 of § 50-j of the General Municipal Law, shall provide for the defense of any civil action or proceeding brought against a duly appointed police officer of such municipality, authority or agency and shall indemnify and save harmless such police officer from any judgment of a court of competent jurisdiction whenever such action, proceeding or judgment is for punitive or exemplary damages arising out of a negligent act or other tort of such police officer committed while in the proper discharge of his duties and within the scope of his employment.
(2) 
The determination of whether any such police officer properly discharged his duties within the scope of his employment shall be made in a manner which shall be promulgated by the chief executive officer or, if there is none, the chief legislative officer and adopted by the governing body of such municipality.

§ 29-7 Claim records.

The Corporation Counsel is hereby designated to make and keep a record, numbered consecutively and indexed alphabetically according to the name of the claimant, of each notice of claim filed in compliance with requirements of § 50-e of the General Municipal Law of the State of New York and of the disposition of the claim so noticed. The record of each claim shall be preserved for a period of five years after the date of the final disposition thereof.

§ 29-8 Contents of claim record.

[Amended 6-2-1986 by L.L. No. 3-1986]
The claim record shall set forth:
A. 
The name and post office address of the claimant and of his attorney, if any.
B. 
The date of service.
C. 
The time, place and manner of injury.
D. 
The nature of the injury and amount claimed.
E. 
Whether the claim was approved or disapproved, with the date.
F. 
Whether referred to an insurance carrier, with the date.
G. 
The date of service of a complaint.
H. 
The date and result of any trial.
I. 
The date and amount of any settlement.
J. 
The date and amount of any judgment paid.
K. 
The reason and date the file was closed.[1]
[1]:
Editor's Note: Former Sec. 2-100, which immediately followed this section and required that the Corporation Counsel file claim records in the office of the State Comptroller, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[Adopted 2-13-1984 as L.L. No. 1-1984]

§ 29-9 Residency not required.

The provisions of Public Officers Law § 3(1) or any other provision of law requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he shall be chosen or within which his official functions are required to be exercised shall not prevent a person regularly admitted to practice as an attorney or counselor in the courts of record of this state from holding the office of Corporation Counsel of the City of Schenectady, if such person resides in the county in which such city is located.