[Amended 11-6-2018]
There shall be a Town Solicitor who shall be appointed by the
Mayor with the approval of the Town Council to serve a term concurrent
with the term of the Mayor and until his or her reappointment or the
appointment of a successor is approved by the Town Council.
The Town Solicitor shall be an attorney-at-law in good standing
who has been admitted to the practice of law in this State and is
a qualified elector of the Town. He or she shall not hold any other
office in the Town government except that of Acting Judge of Probate
when so necessary.
The Town Solicitor need not be required to devote full time
to the duties of the office and shall receive such salary as shall
be set by the Town Council.
The Town Solicitor shall be the attorney for the Town and legal
advisor to the Mayor, Town Council, and all other departments, offices,
and agencies of the Town government. It shall be the duty of the Town
Solicitor to:
A.
Appear for and protect the rights of the Town in all actions, suits
and proceedings, civil or criminal, in law or equity, brought by or
against it or for or against any of its departments, including the
Canvassing Authority.
B.
Examine and make recommendations on the form of all ordinances and
resolutions and the form of all invitations for bids, contracts and
other legal documents sent out by any department, office, or agency
of the Town.
C.
Perform such other duties appropriate to his office as the provisions
of this Charter, the Mayor and/or the Town Council may require.
D.
Nothing in this Section shall prohibit the Town Council from providing
for the appointment of an Assistant Town Solicitor if in its judgment
the work load of the Town Solicitor's Office shall justify such appointment.
In the event that an Assistant is provided for, said office shall
be filled in the same manner and for the same term as that of the
Town Solicitor. Nor shall anything in this Section prohibit the Council
from making provision for the hiring of counsel to assist or act in
the place of the Town Solicitor when in the judgment of the Council
such provision will best serve the interests of the Town. Nothing
in this Section shall prohibit the School Department from retaining
counsel to be compensated from funds provided in its budget.
[Amended 11-6-2018]
All written legal opinions furnished to the Mayor, the Town
Council and all departments, office and agencies of the Town shall
be filed with the Town Clerk and become a public record.
The statement in this Charter of duties of the Town Solicitor
shall not be deemed to abridge such special powers and duties as are
now and hereafter conferred upon Town Solicitors by State law.
