[HISTORY: Adopted by the Town Board of the Town of Babylon 4-7-1976 by L.L. No. 6-1976. Amendments noted where applicable.]
Whenever used in this chapter, words in the singular include the plural and vice versa.
As used in this chapter, the following terms shall have the meanings indicated:
- ASSISTANT TOWN ATTORNEY
- The Assistant Town Attorneys of the Department who shall act generally for and in place of the Town Attorney.
- The Town of Babylon Department of the Office of the Town Attorney.
- DEPUTY TOWN ATTORNEY
- The deputy head of the department and shall act generally for and in place of the Town Attorney.
- TOWN ATTORNEY
- The head of the department.
[Amended 2-6-2008 by L.L. No. 4-2008]
Department established. There shall be established herewith as a department of the Town of Babylon a department to be known as the "Town of Babylon Department of the Office of the Town Attorney." The principal executive officer and administrative head of such department shall be the Town Attorney, who shall be appointed by the Town Board. The Town Attorney shall be appointed on the basis of his administrative experience and qualifications for the duties of such office. He shall be the Attorney for the Town Board and all of the Town officers and boards in their official capacity and shall be the legal counsel and representative of the Town Board in all proceedings, undertakings or activities in which the Town Board of the Town of Babylon is concerned with or involved therein. The Town Attorney shall be the head of the department, with power and authority to appoint or remove officers and employees under his jurisdiction in accordance with civil service law and other applicable law.
[Amended 10-21-2015 by L.L. No. 14-2015]
Legislative intent. The Town Board finds that the requirement under Town Law, restricting the Town from appointing a Town Attorney who does not reside within the Town of Babylon, prohibits the Board from appointing an attorney who the Board may find, from time to time, is best qualified to represent the Town, or who the Board believes will best represent the interests of the Town of Babylon. It is the intent of the Town Board to exercise its authority as provided by law, with particular reference to its authority pursuant to Municipal Home Rule Law §10(4)(b), and the Town Board hereby supersedes Town Law Article 3, §23(1), and any inconsistent provisions of state or local law.
It is the intent of the Town Board under Municipal Home Rule Law §22(1) to supersede Town Law Article 3, §23(1), and any other inconsistent provision of law, which provides that the Town Attorney at the time of his appointment and throughout his term of office shall be an elector of the Town. Therefore, any person appointed by the Town Board as the Town Attorney shall reside in either Suffolk County or Nassau County.
[Amended 2-7-2012 by L.L. No. 3-2012]
Term of office.
[Added 10-21-2015 by L.L. No. 14-2015]
Legislative authority and intent. This section is enacted pursuant to Municipal Home Rule Law § 10(1)(ii)(a)(1) and is intended to supersede Town Law § 24 relating to the term of office of the Town Attorney. The Town Board finds that it is in the best interests of the Town to have its chief legal advisor appointed for the same term as the Supervisor.
The Town Attorney shall be appointed for a term of four years to run concurrently with the term of the Supervisor in office at the time of his appointment.
The Town Attorney is empowered herein to appoint a Deputy and a number of Assistants as the appropriation therefor shall allow, who shall generally act for and in his behalf, and who shall perform such duties as are vested in and imposed upon that office by the provisions of this chapter, by statute or by other lawful authority.
The Town Attorney shall have such powers as shall be necessary for the proper administration of the department consistent with applicable provisions of law.
Until such time as the Town Attorney shall, at his sole discretion and judgment, amend or modify the allocation of responsibilities of his office, the department shall be divided into the following divisions:
The powers and duties of such divisions therein shall be under the administrative direction and control of the Town Attorney, and each of the said divisions shall be administratively supervised by an Assistant Town Attorney.
The Division of General Services shall:
Render legal advice to all Town departments, agencies and offices, as well as to special boards established by the Town Board.
Prepare and process the execution of all leases and land acquisitions on behalf of the Town and special districts, whether the same be acquired by condemnation, purchase or gift. It shall be responsible for all of the proceedings regarding condemnation.
Approve, prepare and process the execution of all contracts entered into by the Town, its agencies and departments or special districts of the Town, including the approval of the notice to bidders, specifications, contract documents, insurance and bonds, where required. It shall supervise the execution and review of contracts and the preparation of related resolutions and any and all change orders, processing notice of liens, attending all necessary conferences involving departments, consultants, contractors and the rendering of legal advice and assistance during the term of the contract.
Prepare and process the execution of all special agreements entered into by and on behalf of the Town, such as consultant agreements and park concession agreements.
Approve insurance policies and bonds obtained on behalf of the Town for certain departments and commissioner districts, where applicable, and also the processing and approval of bonds and/or insurance policies required to be filed pursuant to ordinance, such as plumbers, electricians and road-opening permits.
Render legal opinions and assist residents and taxpayers of the Town.
The Law Division shall:
Prepare, review and recommend all Town ordinances and local laws and amendments thereto and related public notices and resolutions.
Review all proposed legislation introduced before the New York State Legislature which affects or concerns Town government and, where appropriate, advise the Town Board and affected departments or agencies concerning proposed legislation. It shall prepare and submit approving or opposing memoranda to the state legislature or governor, when appropriate, and advise the Town Board, appropriate Town officials and departments when bills are enacted into law.
Render formal legal opinions as directed by the Town Attorney.
Perform such legal research and assist or prepare legal opinions as required by other divisions.
Assist the Litigation Division, when directed by the Town Attorney, with the preparation of motions, pleadings, briefs, memoranda of law, etc.
Review all petitions and exhibits for changes of zone and special use permits, including preparation of public notices and related resolutions.
Represent the Town Attorney at all Town Board public hearings.
Review all applications and petitions in relation to special and commissioner district improvements or extensions, including preparation of related public notices, resolutions, orders and other required documents.
Process and undertake all disciplinary proceedings, except as otherwise authorized by the Supervisor of the Town of Babylon.
Represent the Town Board in collective bargaining and personnel issues as directed by the Town Attorney.
The Litigation Division shall:
Prepare and try all litigation matters instituted by or against the Town in all courts.
Prosecute all violations of Town ordinances and local laws.
Institute or defend tort claims involving the Town not covered by insurance or where the Town seeks direct reimbursement.
Prepare, process and file all necessary pleadings, briefs, memoranda of law, etc., and investigate, examine, evaluate and process all evidentiary matters and witnesses in related legal proceedings.
[Amended 5-7-1985 by L.L. No. 1-1985]
The Town Attorney, acting by and through any of the said existing or hereafter named divisions, shall be empowered to perform such other duties and functions which are prescribed to be performed by him in any law, ordinance or resolution of the Town Board or lawful directive of the Town Supervisor; however, the Town Attorney may delegate any of his powers to or direct any of his duties to be performed to any Assistant Town Attorney.
Furthermore, the Town Attorney is hereby authorized and empowered, subject to the prior approval of the Town Board, except that such prior approval will not be required in cases of emergency, to retain and employ private consultants, experts and other parties which the Town Attorney deems proper and appropriate in promulgating the responsibilities and obligations of his office.
Nothing herein contained shall be construed to delegate or transfer any power of the Town Supervisor contained in §§ 29, 52 and 125 of the Town Law of the State of New York or any other powers which may be exercised lawfully by said Supervisor.
This chapter is enacted under the provisions of Article 9 of the New York State Constitution, the Town Law and the Municipal Home Rule Law of the State of New York.
[Added 4-9-2013 by L.L. No. 9-2013]
The power authorizing the Town Board, as granted in § 68, Subdivision 4, of the Town Law to compromise or settle any action, proceeding or claim against the Town is hereinafter transferred and assigned as follows:
The Town Attorney is hereby authorized, in his or her discretion, to settle any action, proceeding or claim instituted against the Town of Babylon, its boards, departments, special districts, agencies, officers and/or employees upon such terms as said Town Attorney shall determine are just, reasonable and in the interest of the Town. Such settlement authority shall apply to those claims or proceedings which do not exceed $50,000.
The compromise or settlement of any action, proceeding or claim against the Town in excess of $50,000, but not exceeding $100,000, shall be authorized upon approval of the Town Attorney and the Supervisor.
The compromise or settlement of any action, proceeding or claim against the Town in excess of $100,000 shall be authorized upon approval of the Town Board.
[Added 7-6-2016 by L.L. No. 9-2016]
The Division of Code Enforcement's powers and duties are to investigate all alleged violations of the Code of the Town of Babylon or, to such end, applicable state codes, laws, rules and regulations. The Town Attorney may employ such investigators, zoning inspectors, ordinance inspectors, sign inspectors, or any other personnel as may be required to effectuate the same, within budgetary limits set by the Town Board. The Division shall be responsible for the enforcement of all violations of the aforesaid codes, laws, rules and regulations and/or obtaining compliance with the same. Persons in said Division designated by the Town Attorney in conformance with the Civil Service Law may issue notices of violation, appearance tickets, summonses or any other notices as permissible by law. Nothing herein shall be construed to limit any other power of the Town Attorney as provided by the Code of the Town of Babylon or any other applicable law, rule or regulation.