There shall be a Department of Law under the direction of a
County Attorney, who shall be appointed by, be directly responsible
to, and serve at the pleasure of the Tompkins County Legislature.
At the time of the appointment, and throughout the term of office,
the County Attorney shall be and remain duly licensed and entitled
to practice law in the State of New York. The County Attorney shall
be appointed on the basis of required legal experience and other qualifications
appropriate to the responsibilities of the office.
Except as may otherwise be provided in this Charter, the County
Attorney shall, with respect to County civil matters:
(a)
Be the sole legal advisor for the County government and all its units,
including its officers in their roles as County employees;
(b)
Prepare all necessary legal papers and instruments;
(c)
Prosecute or defend all civil matters or proceedings involving the
County and its units, including its officers;
(d)
Prepare drafts of local laws, ordinances, resolutions, legalizing
acts, or other legislation upon request of a member of the Tompkins
County Legislature, together with notices and other documents in connection
therewith;
(e)
Have all the powers and perform all the duties conferred or imposed
by law upon a county attorney, and perform such other and related
non-conflicting duties as are required by the Tompkins County Legislature;
(f)
Supervise department staff, including attorneys;
(g)
Advise and consult with the Commissioner of Social Services regarding
hiring of Social Services Attorneys;
(h)
Be the legal advisor for the County's Ethics Advisory Board.
The County Attorney shall appoint such Deputy County Attorneys,
Assistant County Attorneys, and employees of the Department as shall
be authorized by the Tompkins County Legislature. At the times of
their appointment, and throughout their terms of office, all Deputy
County Attorneys and Assistant County Attorneys shall be and remain
duly licensed and entitled to practice law in the State of New York.
All Deputy County Attorneys, Assistant County Attorneys, and
employees of the Department shall be directly responsible to, and
serve at the pleasure of, the County Attorney.
Every appointment of a Deputy County Attorney or an Assistant
County Attorney by the County Attorney shall be in writing, filed
and recorded in the office of the County Clerk. The person or persons
so appointed shall take the prescribed oath of office and furnish
any required official undertaking. Any such appointment may be revoked
by the County Attorney at any time by filing a written revocation
in the office of the County Clerk.
Whenever the interests of the Tompkins County Legislature or
the County are inconsistent with the interests of any officer or employee
of the County, the County Attorney shall represent the interests of
the Tompkins County Legislature and the County unless the provisions
of § 18 of the Public Officers Law are applicable. In such
case, the officer or employee may employ an attorney-at-law at the
officer's own expense, except as provided by any local law with respect
to indemnification.
The County Attorney may, within the limits of appropriations
provided therefor, employ special counsel, professional, technical,
or other consultant services and incur such expenses in connection
therewith as may be deemed necessary for the performance of the duties
of the County Attorney.
No office, officer, department, or court of the County shall
require from the Department of Law any filing or recording fee or
other charge pertaining to or in connection with the work of said
Department.
