Town of Manlius, NY
Onondaga County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Manlius 12-22-2004 by L.L. No. 4-2004. Amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 7.
Code of Ethics — See Ch. 14.
The purpose of this chapter is to establish the qualifications and duties for the office of Town Attorney for the Town of Manlius.
Appointment to this position shall be made by the Town Board. The appointee shall serve at the pleasure of the Town Board.
No person appointed to the office of Town Attorney shall be required to be an elector or resident of the Town of Manlius at the time of appointment or throughout the term of office, provided that such person is, at the time of appointment and throughout the term of office, a resident of the County of Onondaga.
Pursuant to Municipal Home Rule Law § 10(1)(ii)(a)(1), § 10(1)(ii)(d)(3) and § 22(1), this chapter is intended to supersede, in part, the provisions of Subdivision 1 of § 3 of the Public Officers Law and Subdivision 1 of § 23 of the Town Law, which requires a Town Attorney to be a resident and an elector of the Town of Manlius at the time of appointment and during the term of office.
A. 
The Town Attorney shall be duly licensed to practice law in New York State.
B. 
The Town Attorney shall reside in Onondaga County.
C. 
The Town Attorney shall be appointed by the Town Board and serve at the pleasure of the Town Board.
[Amended 10-11-2006 by L.L. No. 9-2006]
The Town Attorney shall be an officer of the Town of Manlius. The Town Attorney shall be the legal advisor to the Town Board, and other boards, committees and commissions as directed by the Town Board and shall advise all of the officers of the Town on Town matters.
The Town Attorney shall:
A. 
Attend meetings of the Town Board, and such other boards, committees and commissions and advise each such board, committee and commission on any issue before it, including procedural matters and review pursuant to the State Environmental Quality Review Act (SEQRA).
[Amended 10-11-2006 by L.L. No. 9-2006]
B. 
Draft any resolutions, ordinances and local laws that the Town Board requests and provide legal advice with respect to the form, substance and procedure of adoption thereof, prepare advertisements for bids, handle correspondence on behalf of the Town as is directed to legal counsel for appropriate action, and conduct all legal research necessary to perform the aforementioned functions.
C. 
Represent the Town in any real estate transaction involving the Town and its properties.
D. 
Generally represent the Town in negotiation of contracts to which the Town of Manlius is a party.
[Amended 10-11-2006 by L.L. No. 9-2006]
E. 
Provide legal advice to the Town Clerk in connection with requests submitted pursuant to the Freedom of Information Law.
F. 
Act as Town Prosecutor for violations of all Town ordinances for which he has been authorized by the District Attorney, except for those matters in which the Codes Enforcement Officer has jurisdiction.
G. 
Advise and assist the Town Board and the Town Supervisor in connection with the engagement and oversight of counsel to the Town Attorney in respect of any particular subject matter, proceeding or litigation as is seen appropriate by the Town Board.
[Amended 10-11-2006 by L.L. No. 9-2006]
H. 
Provide any other legal service as the Town Board reasonably determines is necessary to be in the best interest of the Town of Manlius.
Except as expressly set forth in this chapter, nothing herein contained shall be deemed or construed as abolishing, transferring or curtailing any powers or duties of the Town Supervisor or Town Board as provided by Town Law or any other applicable laws.
This chapter shall be effective upon filing with the Secretary of State.