(A) The city authorizes and approves the hiring of a City Attorney as an independent contractor by means of a personal services contract containing the following specific duties and compensation.
(B) The Mayor, with the approval of City Council, shall appoint a City Attorney who shall be the general law officer and legal counsel of the city. The Mayor may remove the City Attorney, at will, except as otherwise provided by statue, ordinance or contract. He or she shall be an attorney licensed to practice in the commonwealth. He or she shall be chosen solely on the basis of his or her legal qualifications, with special emphasis on actual experience in, or knowledge of, state municipal and administrative law. The City Attorney may also engage in the private practice of law and may hold other public or private employment. The City Attorney may be a solo practice lawyer or a designated member of a firm of attorneys who collectively act as City Attorney. The designated lawyer of the firm serving as City Attorney for the city may be substituted following notice to the City Council and shall become the “City Attorney” upon approval of the City Council.
(C) (1) The City Attorney shall be the general law officer of the city.
(2) He or she shall attend all meetings of the City Council and advise its members and all other city officials in all matters pertaining to their duties or affecting the interest of the city.
(3) It shall be the duty of the City Attorney to supervise the preparation of all ordinances, municipal orders, contracts and other legal documents of the city.
(4) It shall be the duty of the City Attorney to do and perform all duties of a legal nature concerning the city which may be required by the Mayor, City Council or by any ordinance of the city.
(5) It shall be the duty of the City Attorney, when requested by the Mayor with the approval of the City Council, to advise concerning the defense of any action which may be instituted against any agent or employee of the city by reason of any act or thing done by such agent or employee in the performance of his or her duty or in the course of his or her employment.
(6) It shall be the duty of the City Attorney to meet with and advise duly constituted boards and commissions of the city, except those which are specifically authorized by state law to retain or employ counsel of their choosing.
(7) It shall be the duty of the City Attorney to advise the city in all cases and in all courts of the state and the United States wherein the city may be a party plaintiff or defendant or a party of interest. The City Attorney shall not be required to render any other professional services, including representing the city in any litigation or legal proceedings whatsoever, unless independently employed to do so as described in division (E) below.
(D) Monthly compensation for the office of City Attorney shall be as set by the City Council and may be adjusted from time to time.
(E) In addition to the salary fixed for the City Attorney by the City Council, the City Attorney shall receive additional compensation as an independent contractor for all extraordinary services, including appearances in legal actions and administrative proceedings and hearings involving the city, municipal bond issues, real estate acquisitions and dispositions and other matters beyond the scope of usual legal counsel to the city or requiring an unusual amount of time. For such extraordinary services, the City Attorney shall be paid reasonable fees commensurate with the amount and value of time devoted thereto, based upon charges made by other attorneys for comparable legal services.
(F) No person shall be appointed or act as City Attorney unless that person has taken the oath required by § 228 of the Constitution of the commonwealth and has professional liability coverage acceptable to the City Council.
(Ord. 2016-03, passed 4-11-2016)