[HISTORY: Adopted by the Council of the City
of Schenectady as indicated in article histories. 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 the former Revised Ordinances,
adopted 2-9-1970 as Ord. No. 15274.
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 6-2-1986 by L.L. No. 3-1986.
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.
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.
The Corporation Counsel shall, when applied
to, advise the various officers of the City in reference to their
duties and the performance thereof.
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.
[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.
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.
[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.
[Adopted 2-13-1984 as L.L. No. 1-1984]
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.
