[Amended 12-11-1979 by Ord. No. 1324; 3-11-1991 by Ord. No.
1722; 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
As provided in Article VI of the Home Rule Charter, the Solicitor shall be appointed by the Mayor with the approval of a majority of the total number of the Board. The Solicitor's appointment shall occur at the Board organizational meeting. The Solicitor, once appointed, may be removed by the Mayor at any time, with or without cause. Any need for a replacement shall be approved by Board majority vote at a public meeting.
[Added 12-11-1979 by Ord. No. 1324]
Before receiving any compensation from the Township,
the duly-appointed Solicitor shall enter into a contract with the
Township, wherein the scope of his services and extent of his or her
availability for the performance of Township legal services are stated,
and his manner and rate of compensation are set forth. If the Board
shall set any retainer fee for the Solicitor, such fee shall be stipulated
in the annual budget.
[Amended 12-11-1979 by Ord. No. 1324]
A.Â
Conflict of interest. The Solicitor shall immediately
disclose any real or potential conflict of interest in proffering
legal counsel, according to state law, the Home Rule Charter or Township
ordinances. The Solicitor shall not be permitted to provide legal
counsel to the Township regarding a dispute with an adversary when
he also serves as counsel to the adversary. Likewise, a Solicitor
shall not be permitted to render legal advice to the Township on a
development and also provide advice and counsel to the developer.
B.Â
Litigation. The Solicitor shall designate copies of
all nonprivileged correspondence from his or her office to be circulated
by the Mayor's office to all members of the Board. The Solicitor shall,
before filing any court cases on behalf of the Township of Whitehall,
be satisfied of Board concurrence. In no case shall there be a civil
case filed by the Solicitor against any committee or commission member
who has been appointed by the Board, and can be also only removed
by the Board, without Board concurrence.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
C.Â
Misuse of Solicitor services. The Solicitor shall
be obligated to reveal any attempted solicitation of his or her legal
services by any Township personnel who may approach him or her for
personal legal advice at Township expense or who request services
at Township cost which serve personal rather than Township interests.
[Added 12-11-1979 by Ord. No. 1320]
Any Township official or agency may submit a
signed request to the Township Board of Commissioners for legal counsel
that cannot be properly supplied by the Township Solicitor, in circumstances
where a potential conflict or a real conflict indicates a need for
separate legal counsel or when the Solicitor determines that he does
not possess the necessary expertise. The Board of Commissioners may
authorize such representation as needed.
[Added 3-14-1991 by Ord. No. 1722]
