[HISTORY: Adopted by the Town Board of the
Town of Babylon 4-7-1976 by L.L. No. 6-1976. Amendments noted where
applicable.]
A.
Whenever used in this chapter, words in the singular
include the plural and vice versa.
B.
ASSISTANT TOWN ATTORNEY
DEPARTMENT
DEPUTY TOWN ATTORNEY
TOWN ATTORNEY
As used in this chapter, the following terms shall
have the meanings indicated:
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.
The deputy head of the department and shall act generally
for and in place of the Town Attorney.
The head of the department.
[Amended 2-6-2008 by L.L. No. 4-2008]
A.
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]
B.
Residency requirements.
(1)
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.
(2)
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]
C.
Term
of office.
[Added 10-21-2015 by L.L.
No. 14-2015]
(1)
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.
(2)
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:
A.
Render legal advice to all Town departments, agencies
and offices, as well as to special boards established by the Town
Board.
B.
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.
C.
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.
D.
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.
E.
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.
F.
Render legal opinions and assist residents and taxpayers
of the Town.
The Law Division shall:
A.
Prepare, review and recommend all Town ordinances
and local laws and amendments thereto and related public notices and
resolutions.
B.
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.
C.
Render formal legal opinions as directed by the Town
Attorney.
D.
Perform such legal research and assist or prepare
legal opinions as required by other divisions.
E.
Assist the Litigation Division, when directed by the
Town Attorney, with the preparation of motions, pleadings, briefs,
memoranda of law, etc.
F.
Review all petitions and exhibits for changes of zone
and special use permits, including preparation of public notices and
related resolutions.
G.
Represent the Town Attorney at all Town Board public
hearings.
H.
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.
I.
Process and undertake all disciplinary proceedings,
except as otherwise authorized by the Supervisor of the Town of Babylon.
J.
Represent the Town Board in collective bargaining
and personnel issues as directed by the Town Attorney.
The Litigation Division shall:
A.
Prepare and try all litigation matters instituted
by or against the Town in all courts.
B.
Prosecute all violations of Town ordinances and local
laws.
C.
Institute or defend tort claims involving the Town
not covered by insurance or where the Town seeks direct reimbursement.
D.
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:
A.
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.
B.
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.
C.
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.[1]
[1]
Editor's Note: Former § 6-15, Division of Code Enforcement,
added 7-6-2016 by L.L. No. 9-2016, which immediately followed this section, was repealed 9-1-2021 by L.L. No. 6-2021.
