There shall be a Department of Law, headed by the County Attorney,
appointed by the County Legislature. The County Attorney shall be
admitted to practice law in the State of New York and shall be a qualified
elector in Sullivan County at and during the tenure of appointment.
The County Attorney shall serve on a full-time basis and shall not
be employed by any private or governmental entity. Income derived
by other sources is allowed, provided that there is no active participation
in the operation or conduct thereof. The term of office of the County
Attorney shall be that term for which the then members of the appointing
County Legislature were elected. The County Attorney shall be removed
during his/her term only for cause and only after written charges
have been filed by the County Legislature and he/she has an opportunity
to be heard.
[1]
Editor's Note: This local law also provided as follows: "This
local law shall apply to the term of the County Attorney holding office
at the time it takes effect so as to lengthen the term of the then
County Attorney to be coterminus with the term of the members of the
County Legislature who made his/her appointment. This local law shall
be subject to permissive referendum on petition as provided by § 344
of the Municipal Home Rule Law and shall become effective 60 days
after the date of its adoption, unless within such period, a petition
calling for a referendum shall have been filed in regard thereto in
accordance with law." No valid petition was filed.
[Amended 9-8-1994 by L.L. No. 6-1994]
Except as otherwise provided in this Charter or the Administrative
Code, the County Attorney shall be the sole legal advisor for the
county, and on its behalf in county matters of a civil nature, advise
all county officers and employees, and where in the interest of the
county, prepare all necessary papers and written instruments in connection
therewith, prosecute or defend all actions or proceedings of a civil
nature brought by or against the county, prepare resolutions, legislation,
legalizing acts and local laws to be presented for action by the County
Legislature, together with notices and other items in connection therewith,
and perform such other additional and related duties as may be prescribed
by law or the County Manager, or by resolution of the County Legislature.
[Amended 9-8-1994 by L.L. No. 6-1994]
The County Attorney shall have the power to appoint such confidential
Deputy County Attorneys and Assistant County Attorneys as shall be
authorized by the County Legislature and within appropriations made
therefore. Such appointees shall be in the exempt class of civil service
and shall serve at the pleasure of the County Attorney.
