[Adopted as Secs. 2-10 through 2-12 of the
1965 Code (Ch. 3, Art. II, of the 1986 Code)]
[Amended 12-20-2004 by Ord. No. 04-100423B]
A.
The City Solicitor shall appear as counsel or, subject
to appropriation, assign outside counsel in all legal or quasi-judicial
proceedings involving the rights of the City when an estate, right,
privilege, ordinance, act or direction of the City is brought into
question, and he will defend, or cause to be defended, officers of
the City in legal actions or quasi-judicial proceedings against them
arising out of any claim, demand, suit or judgment by reason of any
act or omission, except an intentional violation of civil rights of
any person, if the official at the time of such act or omission was
acting within the scope of his official duties or employment. Any
such defense shall hold harmless all officers from personal financial
loss and expense up to limits established by specific statutes accepted
by the City.
B.
He may, when approved by the Mayor and subject to
the availability of funds within his budget or an appropriation approved
by the City Council for said purpose, take such steps, incur such
expenses and engage such counsel as he deems necessary for the prosecution
and defense of suits, quasi-judicial and other legal proceedings involving
the rights of the City, and he shall, when directed by the Mayor and
subject to the availability of funds within his budget and/or appropriation
approved by the City Council for said purpose, take such steps, incur
such expenses and engage such counsel as he deems necessary for the
prosecution and defense of suits or quasi-judicial and other legal
proceedings involving the rights of the City.
C.
He may, when approved by the Mayor and subject to
the availability of funds within his budget or an appropriation approved
by the City Council for said purpose, take such steps, incur such
expenses and engage such counsel as he deems necessary to defend the
actions or enforce the decisions of a board, committee, agency or
commission in any suit, quasi-judicial or other legal proceeding,
and he shall, when directed by the Mayor and subject to the availability
of funds within his budget or an appropriation approved by the City
Council for said purpose, take such steps, incur such expenses and
engage such counsel as he deems necessary to defend the actions or
enforce the decisions of a board, committee, agency or commission
in any suit, quasi-judicial or other legal proceeding.
D.
He may, by agreement for judgment or otherwise, settle
any claims, suit, action or process in the defense of the City, except
he may not agree to any such settlement in which the City shall be
interested in a sum of money exceeding $1,000, exclusive of costs,
without the prior approval of the Mayor and subject to appropriation
from the City Council; in the event that funds are not available for
settlement, any and all settlements shall be subject to approval by
the Mayor and appropriation from the City Council. He may, by agreement
for judgment or otherwise, settle the prosecution of any suit, quasi-judicial
or other legal proceeding involving the rights of the City except
he may not agree to any such settlement if the sum of money to be
received is $1,000 less than the amount claimed by the City without
the prior approval of the Mayor and subject to appropriation from
the City Council.
E.
He shall not, when a City board, commission, agency
or committee votes to appeal the decision of or pursue legal action
against another City board, commission, agency or committee, act as
legal counsel to either party, but may, as directed by the Mayor and
City Council and subject to the approval of an appropriation sufficient
to pay estimated cost, assign outside legal counsel to one or both
parties.
F.
He shall, when requested by the Mayor and City Council,
appear before the legislature or any committee thereof to represent
the interest of the City. He shall furnish to the Mayor, City Council,
any committee of the City Council, any board, commission, committee
or agency or any officer in charge of a City department his legal
opinion on any subject or questions submitted to him in writing and
relating to the discharge of their official duties.
[Added 12-20-2004 by Ord. No. 04-100423B[1]]
A.
All claims
against the City shall be presented to the City Clerk, who shall retain
the original. A copy shall be forwarded to the City Solicitor, who
shall seek payment of those claims deemed valid from insurance proceeds,
third parties or City funds, whichever is appropriate. He may by agreement
for judgment or otherwise settle any claims, except he may not agree
to pay any demand exceeding $1,000, exclusive of costs, without the
prior approval of the Mayor and subject to appropriation from the
City Council. In the event that funds are not available for settlement,
any and all settlements shall be subject to approval by the Mayor
and appropriation from the City Council.
C.
Any written
claim presented to the City of Marlborough alleging that a residential
mailbox has been damaged by the operation of a snow plow shall be
granted upon written confirmation provided by the Department of Public
Works to the Legal Department that City of Marlborough snow plow operations
were in effect during the date when, and on the street where, the
claimed mailbox damage occurred; provided, however, that such claim
must be accompanied both by an auto-dated photograph(s) of the damaged
mailbox as well as by a paid receipt showing the actual cost of the
mailbox’s repair or replacement; and provided, further, the
maximum amount of reimbursement shall be set at $75, except that in
the absence of such photograph(s) and/or such paid receipt, the maximum
amount of reimbursement shall be set at $30. This subsection shall
be applicable to only those mailbox claims accruing on or after March
1, 2012.
[Added 8-18-2008 by Ord. No. 08-1001787A; amended 10-26-2009 by Ord. No. 08/09-1001787E; 6-28-2010 by Ord. No. 10-1002619; 3-12-2012 by Ord. No. 12-1004079A]
[1]
Editor's Note: This ordinance also repealed
former § 3-13, First Assistant City Solicitor, added 2-14-1983
by Ord. No. 22709.
The City Solicitor shall be allowed traveling
expenses whenever his attendance is required out of the City.
The City Solicitor shall draft all bonds, deeds,
obligations, contracts, leases, conveyances, agreements and other
legal instruments of whatever nature which may be required of him
by any ordinance or by any order of the Mayor, the City Council or
any committee thereof, or which may be required of any person contracting
with the City and which, by law, usage or agreement, the City should
furnish. He shall examine, or cause to be examined, all titles of
real estate to be conveyed to the City.
[Added 9-25-2006 by Ord. No. 06100-1234C]
A.
The Mayor, subject to confirmation by the City Council,
shall appoint an Assistant City Solicitor, who shall serve for a term
of three years and until his/her successor is qualified.
B.
Under the direction of the City Solicitor, the Assistant
City Solicitor shall be a corporate attorney to all boards, department
heads and officers of the City. He/she shall maintain an office at
City Hall and be available during business hours for legal advice
and service to said boards, department heads and officers. He/she
shall attend meetings and hearings when directed without additional
compensation.
C.
The Assistant City Solicitor shall assist the City
Solicitor in all suits, actions, prosecutions and hearings which involve
the rights of the City and shall defend all officers of the City in
suits against them for their official actions or for the performance
of their duties.
D.
Under the supervision of the City Solicitor, the Assistant
City Solicitor shall render his/her legal opinion to the Mayor, City
Council or to any board or officer in charge of a department of the
City on any question submitted in writing to the City Solicitor relating
to the discharge of their official duties.
