226.07  APPROPRIATION OF FUNDS TO RETAIN OUTSIDE LEGAL COUNSEL.
   (a)   Prior to the retention of outside legal counsel by the Mayor or any Department Director, each will first comply with the requirements and procedures of Resolution 06-18 (Section 226.06).
   (b)   If the Director of Law concurs in the decision to retain outside legal counsel as requested, the Mayor or any Department Director shall appear before Council and request the appropriation of funds necessary to retain such outside legal counsel if there is the reasonable basis to believe that the cost of such outside legal counsel might exceed the sum of ten thousand dollars ($10,000.00).
   (c)   In the event the Director of Law does not concur in the decision to retain outside legal counsel as requested, the Mayor or any Department Director may nonetheless retain such outside legal counsel despite the provisions of Resolution 06-18 but only after appearing before Council and only after the appropriation of funds necessary to retain such outside legal counsel if there is a reasonable basis to believe that the cost of such outside legal counsel might exceed the sum of five thousand dollars ($5,000.00).
   (d)   If the Mayor or any Department Director retains the services of outside legal counsel contrary to the restrictions imposed herein regarding the prior appropriation of funds, said conduct shall constitute prima facie evidence of gross misconduct, malfeasance, misfeasance and/or non-feasance by such Mayor or Department Director pursuant to the provisions of Newark City Charter Article 16.04 (A)(5) regarding removal from office.
(Res. 10-46.  Passed 8-2-10.)