[Ord. No. 359, § 1, 9-27-1979; Ord. No. 379, § 1,
7-10-1980; Ord. No. 401, § 1, 6-26-1981; Ord. No. 462, § 4,
9-16-1983; Ord. No. 1142, § I, 9-29-2015; Ord. No. 1167, §
I, 4-12-2016]
(a)
In accordance with Article 2, Section 2-10, and Article 3, Section 3-3, and Article 23, Paragraph 7, of the City Charter enacted by Chapter 72 of the Acts of 2013, the Mayor shall appoint a City Solicitor or enter into a legal services contract with a law firm for the purpose of providing City Solicitor services for the City of Pittsfield, also hereinafter referred to as "City Solicitor" when such contract for legal services is in existence. The City Solicitor shall hold office subject to the pleasure of the Mayor and until his/her successor is duly appointed and qualified. The City Solicitor may be removed at the sole discretion of the Mayor.
(b)
The City Solicitor shall receive a salary as set by ordinance or
by contract.
[R. O. 1947, ch. 5, § 1; Ord. No. 162, § 1;
Ord. No. 359, § 1, 9-27-1979]
The City Solicitor shall act as the legal adviser and solicitor
of the City, except in special cases in which the City Council may
authorize or require him to secure the advice or services of such
additional counsel as it may deem best, and no money shall be paid
from the City Treasury for any legal services or advice without the
sanction of the city council except as authorized by this article.
[R. O. 1947, ch. 5, § 2]
It shall be the duty of the City Solicitor to examine all titles
to property when so requested by the City Council or a City official,
and to draft all deeds, obligations, contracts, bonds, leases, conveyances,
agreements and other legal instruments affecting the interests of
the City which may be required by any ordinance or order of the City
Council, or by the head of a department or chairman of an official
board. All orders for the laying out, locating anew, discontinuance,
alteration or specific repairs of streets or ways, or for the taking
of lands for any municipal purposes whatsoever, or for the assessment
of betterments, shall be submitted to his examination before the same
are offered for enactment.
[R. O. 1947, ch. 5, § 3]
It shall be the duty of the city solicitor to commence and prosecute
all actions and other proceedings at law or in equity desired to be
begun by the city or by any officer thereof, and to defend all actions
and suits brought against the city in any court or other tribunal
of this commonwealth or of the United States. He shall appear as counsel
in any other action, suit or prosecution which may involve the rights
and interests of the city, and shall defend any of the officers of
the city in suits and prosecutions against them for any official action,
or the performance of any official duty when any right, privilege,
ordinance, act or direction of the city government may be brought
in question. He shall obtain such photographs, plans, maps and surveys
as he may deem necessary for the defense of the city in suits at law
or in equity. He shall also appear as counsel before the legislature
of the commonwealth, or any committee thereof, whenever so requested
by the city council, or whenever it seems to him expedient concerning
any matter in which the interest and welfare of the city may be directly
or incidentally affected. It shall be his duty to attend all meetings
of the committee on claims and licenses at which matters of claims
are to be considered.
[R. O. 1947, ch. 5, § 3]
[R. O. 1947, ch. 5, § 3; Ord. No.
1142, § II, 9-29-2015]
The city solicitor shall, whenever so requested in writing by
the mayor, the city council or any member or committee thereof, the
school committee, any municipal board or commission, or any officer
of the city government who may need the same in the discharge of official
duty, furnish them or any of them with his legal opinion upon any
subject touching the duties of their respective offices.
[R. O. 1947, ch. 5, § 5; Ord. No.
1142, § III, 9-29-2015]
The city solicitor shall annually, in June, report to the city
council the transactions of his office during the preceding year and
make such suggestions as he may deem proper.
[R. O. 1947, ch. 51, § 3; Ord.
No. 1142, § IV, 9-29-2015]
The city solicitor shall in all matters do every professional
act incident to the office which may be requested of him by the city
council or by any committee thereof or by any ordinance or order.
[R. O. 1947, ch. 5, § 4]
Whenever his attendance may be required out of the City on official
business, the City Solicitor shall be allowed his reasonable traveling
expenses.
[R. O. 1947, ch. 5, § 1; Ord. No. 162, § 1;
Ord. No. 359, § 2, 9-27-1979]
In case a vacancy occurs in the office of City Solicitor by reason of death, disability, resignation or removal, reappointment shall be made in the manner provided in § 2-9 of this article.
[1]
Editor’s Note: Ordinance No. 359, § 3, approved
9-27-1979, repealed § 2-18, relative to the Assistant City
Solicitor, derived from Ord. No. 162, § 1.
[Ord. No. 603, § 2, 3-11-1988; Ord. No. 819, § II,
2-27-1997]
(a)
In accordance with Article 3, Section 3-3 of the City Charter enacted by Chapter 72 of the Acts of 2013, the Mayor shall, with the advice of the City Solicitor and subject to the confirmation of the City Council, appoint an Assistant City Solicitor, who shall be qualified to practice law in the commonwealth. The Assistant City Solicitor shall serve until his or her successor is duly appointed and qualified. The Assistant City Solicitor shall perform those duties of the City Solicitor delegated by the Solicitor to the Assistant.
[Ord. No. 1142, § V, 9-29-2015]
[1]
Editor’s Note: Former § 2-18.1, which pertained to the office of associate City solicitor, was repealed by Ord. No. 603, § 1, adopted 3-11-1988; § 2 of the ordinance enacted a new § 2-18.1 to read as herein set out. The former section derived from Ord. No. 293, § 1, adopted 8-29-1977; Ord. No. 359, § 4, adopted 9-27-1979; Ord. No. 372, § 1, adopted 5-16-1980; and Ord. No. 401, § 2, adopted 6-26-1981.
