[Gen. Ords. 1962, §§ 2-8, 2-58; Ord. No. 22893,
§ 1, 12-28-1970]
There is hereby established in the City a principal department
to be known as the "Law Department."
[Gen. Ords. 1962, § 2-60; Ord. No. 22893, § 1,
12-28-1970]
The Law Department shall consist of the City Solicitor, at least
one Assistant City Solicitor, and such other legal and clerical assistance
as the Mayor and City Council shall provide for in the departmental
budget.
[Gen. Ords. 1962, § 2-59; Ord. No. 22893, § 1,
12-28-1970]
The City Solicitor shall be the head of the Law Department and
shall have general supervision of the Department.
[Gen. Ords. 1962, § 2-9]
There is hereby established the office of City Solicitor.
[Gen. Ords. 1962, §§ 2-5, 2-61; Ord. No. 22893,
§ 1, 12-28-1970; Ord. No. 22894, 12-28-1970; Ord. No. 23392,
§ 2, 3-26-1973; Ord. No. 24380, 6-26-1978; Ord. No. 30008,
8-2-2004]
The City Solicitor, First Assistant City Solicitor and Assistant
City Solicitors shall be appointed by the Mayor, subject to confirmation
by the City Council, and shall serve until their successors are appointed
and qualified. The City Solicitor shall be appointed for a term of
three years, beginning on the first Monday in March; the Mayor shall
make such appointment on or before the first day of February. The
First Assistant City Solicitor and Assistant City Solicitors shall
be appointed for terms of two years beginning on the first day of
February of the even years; the Mayor shall make such appointment
in January of said year. The City Solicitor, First Assistant City
Solicitor and Assistant City Solicitors shall be attorneys at law,
qualified to practice in the commonwealth. One of the Assistant City
Solicitors shall be qualified in the area of zoning and real estate.
In addition, the City Solicitor shall qualify for trial lawyer and,
prior to his/her appointment, shall have had at least five years experience
in the general practice of law.
State law reference — Appointment
of City solicitors, Acts 1970, Ch. 508.
[Gen. Ords. 1962, § 2-61A; Ord. No. 22893, § 1,
12-28-1970]
The City Solicitor shall commence and prosecute all actions,
suits and other legal proceedings founded upon any claim, demand,
right or privilege of the City, when required or ordered so to do
by any ordinance or by any order of the Council. He shall also appear
in defense in any action, suit or proceedings which may be brought
against the City or any of its officers in their official capacity
or wherein any right, privilege, property, estate, ordinance, act
or franchise of the City may be affected or brought in question before
any court, board of commissioners or committee of the general court
of this commonwealth. He shall try and argue all causes and actions,
suits and proceedings, but shall not, by agreement for judgment, or
otherwise, settle or compromise any action, suit, claim or process
in which the City shall be interested if any sum of money, exceeding
$100, exclusive of costs, is to be paid by the City in consequence
of such settlement or if the amount to be received is more than $100
less than the amount claimed by the City, without previously reporting
the terms of such settlement to the Mayor and receiving authority
from him to conclude the same.
[Gen. Ords. 1962, § 2-61B; Ord. No. 22893, § 1,
12-28-1970]
The City Solicitor shall prepare all legal instruments which
may be required of him by the Council or by any committee thereof,
and shall, when requested by the Mayor or Council or by any committee
thereof or by any administrative board or officer of the City, furnish
a written opinion on any legal question which may be submitted to
him in writing, in regard to the duties of their respective offices;
he shall, when requested by the Mayor or the City Council, furnish
such opinion concerning the general affairs of the City, and shall
perform such other duties as are incident to his office. He shall,
upon request of the Mayor, the Council or any standing committee thereof
or any administrative board of the City having the matter in charge,
examine the title of any real estate in which the City has, or is
proposing to acquire, an interest.
[Gen. Ords. 1962, § 2-61; Ord. No. 22893, § 1,
12-28-1970]
The City Solicitor shall investigate the facts in relation to
accidents reported to him by the Chief of Police, and shall keep a
record of the same, together with the names and addresses of the witnesses,
and may incur any reasonable expense in doing the same; provided,
that all bills contracted by him shall be subject to the approval
of the Mayor.
