[Amended by L.L No. 6-1956]
The Corporation Counsel shall be the head of
the Department of Law. He may appoint, to hold office during his pleasure,
an Assistant Corporation Counsel and such other subordinates as may
be prescribed by the Common Council. The Assistant Corporation Counsel
shall have such powers and perform such duties as may from time to
time be assigned to him by the Corporation Counsel. In case of the
absence or disability of the Corporation Counsel or of a vacancy in
the office, the Assistant Corporation Counsel shall discharge the
duties of the office until the Corporation Counsel returns, his disability
ceases or the vacancy is filled. The Corporation Counsel and the Assistant
Corporation Counsel, before entering upon the discharge of the duties
of their respective offices, shall each execute and file with the
City Clerk the oath of office required by § 30 of the Charter
of the City of Rensselaer.
The Corporation Counsel shall:
1.
Be the attorney and counsel of the city, of the Common
Council and of each department, commission and board, officer or employee,
except as otherwise provided in this Charter or other statute.
2.
Appear on behalf of the city and have charge and control
of all actions, special proceedings and all other legal proceedings
in which the city may be a party or in any manner interested.
3.
Approve the form and execution of every written contract
entered into by the city or any department, beard, commission or office
thereof providing for the payment of $200 or more.
4.
Examine or cause to be examined and approved the title
of all real property purchased by the city and approve of all deeds,
conveyances, leases and abstracts of title affecting real property
acquired, conveyed to or leased by the city.
5.
Institute actions and proceedings to maintain, defend
and establish the rights, interests, revenues, property, franchises
or demands of the city or to collect money, debts, fines or penalties
or to enforce laws and ordinances when directed by the Mayor or by
resolution of the Common Council, if not otherwise directed by statute
or ordinance.
6.
Discharge such other duties as may be prescribed by
statute or ordinance.
The Corporation Counsel, with the consent of
the Mayor or with the approval of the Common Council, may employ counsel
to assist him in the preparation, argument and conducting of important
cases or proceedings in which the city or a department, board, commission
or officer thereof is interested or a party.
In an action or proceeding by or against the
city or by or against any department, beard, commission or officer
thereof, the Corporation Counsel, unless otherwise directed by a resolution
of the Common Council, may appeal from any order, decision or judgment.
The Corporation Counsel shall receive no fee
or compensation of any kind, other than the salary fixed by law, except
that he shall be entitled in actions and proceedings in which the
city or any officer, board or commission thereof shall be successful
to receive to his own use all costs and allowances which shall be
collected from the adverse party, but he shall repay to the City Treasurer
all amounts disbursed in the progress of such actions or proceedings
which were taxable as disbursements therein and which shall have been
paid by the city whenever and as soon as such amounts are collected;
provided, however, that all costs, allowances and disbursements in
proceedings for the opening of streets and the acquisition of land
by condemnation shall be collected and paid over to the City Treasurer
for the benefit of the city and shall be credited to the general fund.
[Amended by L.L. No. 3-1990]
No written contract entered into by the city
or any department, board, commission or officer thereof involving
the payment by the city of $1,000 or more shall be acted under until
there shall be endorsed thereon by the Corporation Counsel a certificate
to the effect that the city department, board, commission or officer
which has executed the same on behalf of the city had authority and
power to make such contract.
A satisfaction or an assignment of a judgment
in favor of the city may be executed by the Corporation Counsel without
regard to the time that has elapsed since the entry thereof.
[Amended by L.L. No. 3-1990]
The Mayor or Corporation Counsel may, on behalf
of the city or on behalf of a city department, board, commission or
officer, verify a pleading in an action or a petition in a special
proceeding.
It shall be the duty of every member of the
police force of the city observing or having any knowledge of any
accident from which a cause of action might arise against the city
to forthwith report the fact of such accident to the Corporation Counsel,
and, upon request of the Corporation Counsel, the Chief of Police
shall detail some member of the force to aid the Corporation Counsel
in investigation of claims against the city for injuries to persons
or property.
No bond, undertaking or security is necessary
to be delivered or filed by the city or any of its officers or commissions
in an action, suit or proceedings in and before any court, judge or
justice of the state, on appeals or for adjournment, stays, injunctions
or other matters in which security is required unless otherwise specifically
required by this Act.
[Amended by L. 1943, c. 710; L.L. No. 1-1948]
The amount of any judgment recovered against
the city and payable by it, remaining unpaid, with the interest thereon,
when the time to appeal therefrom has expired and no appeal has been
taken or a notice of no appeal therefrom has been given by the Corporation
Counsel or a notice of appeal given by the Corporation Counsel has
been withdrawn by him or such judgment is finally affirmed or an appeal
has been taken therefrom and the execution thereof has not been stayed,
shall be reported to the Common Council immediately after the same
shall have become payable as aforesaid, and, except in the case of
a judgment exceeding the sum of $25,000, the amount thereof shall
be included in the next city tax budget, unless otherwise paid or
provided for in accordance with this section. Any such judgment shall
be paid in the order of its recovery out of the moneys first paid
into the city treasury on account of annual taxes or from the proceeds
of tax anticipation notes issued in anticipation of the collection
of such taxes. If, however, there are any moneys in the treasury to
the credit of any fund derived from city revenues other than taxes
in excess of the estimated revenues from such rolls and not otherwise
appropriated sufficient to satisfy judgments against the city, the
Common Council shall cause such judgments to be paid out of such funds
in the order of their recovery. Until funds applicable to the payment
of a judgment have been raised and paid into the city treasury and
the payment of the judgment has been refused, no execution shall issue
against the city unless the amount of such judgment shall not have
been included in the next city tax budget or unless, in the case of
a judgment in excess of $25,000, the amount thereof has not otherwise
been raised within 90 days after said judgment became payable as aforesaid.
[Amended by L.L. No. 1-1948]
When a claim has been presented to the city
as provided by this Act, other than a claim the settlement of which
is vested by this Act in the Common Council, the Corporation Counsel
may enter into an agreement, in writing, subject to the approval of
the Common Council, to compromise and settle any such claim against
the city, which agreement shall be reported to the Common Council
at its next meeting and, when so approved, is and constitutes a valid
obligation against the city, and, except in the case of a claim compromised
in an amount exceeding $25,000, the amount thereof, together with
any interest to be paid thereon, shall be included in the next city
tax budget and be collected and paid the same in all respects as a
judgment against the city, as provided in § 273 of this
Charter. If, however, before the adoption of the next city tax budget
there shall be received by the Treasurer from any source any moneys
not otherwise appropriated, the amount provided in any such agreement
shall be paid out of such moneys so received, so far as they will
satisfy the same. The term "claim," as used in this section, shall
include a judgment against the city which shall be compromised and
settled, as herein provided, in an amount less than the amount of
said judgment.
The place of trial of all actions or proceedings
against the city or any board, officer or commission thereof or to
which it or any of them is a party defendant shall be in the County
of Rensselaer.
