[Amended 6-22-1998 by Ord. No. 22-1998; 8-22-2016 by Ord. No. 34-2016]
A. Function.
(1) The Department of Law shall be responsible for representing the City on all legal questions arising in the conduct of municipal business. The Solicitor, as head of the Legal Department, shall serve as chief legal advisor to the Mayor, the Council and all City departments and agencies and shall represent the City in all legal proceedings and shall perform such other duties prescribed by law, by the Charter, by the City Administrative Code or by action of Council.
(2) In the event either the Mayor/Managing Director or City Council requires legal representation in an area of conflict, each party shall have the ability to select their own legal counsel independent of the City Solicitor.9
B. Department Director.
(1) The Department of Law shall be headed by the City of Reading Solicitor who shall be responsible to the Mayor and City Council for the performance of the Department, and for all other responsibilities and obligations that the Mayor or Council may from time to time assign consistent with the law, Charter or ordinance.
(2) The City Solicitor may be removed by super-majority vote (five votes) of Council by resolution.
§ 604. Qualifications.
The heads of departments, offices, and agencies shall be selected solely on the basis of education, training, experience and professional, executive and administrative abilities; and such other qualifications as may be set forth in this Charter. (See § 705.)
§ 705. Compensation of heads of departments, offices and agencies.
The compensation of all heads of departments, offices and agencies under the direction of the Mayor shall be proposed by the Mayor and approved by ordinance. Compensation of all other employees shall be set in accordance with the uniform pay plan established by City Council in the Personnel Code. All such heads of departments, offices and agencies need not be residents of the City at the time of appointment, but after appointment shall reside in the City. City residency shall be required within 12 months of being appointed.
Editor's Note: Section 801 of the Charter provides:
§ 801. Qualifications and responsibilities.
(a) The Mayor shall appoint, with the approval of Council, a Solicitor who shall be a member of the Bar of the Supreme Court of Pennsylvania and experienced in municipal law. The Solicitor, as head of the Legal Department, shall serve as chief legal advisor to the Mayor, the Council, and all City departments and agencies; and shall represent the City in all legal proceedings and shall perform such other duties prescribed by law, by this Charter, by the City Administrative Code or action of Council. It is the intent of this Charter that only one person shall be the legal advisor of the City except as may be otherwise required by law.
(b) The Mayor, with the approval of Council, shall have the power, if needed, to engage other temporary solicitors to represent the City as the need may be. Such appointments shall be temporary and shall be for the purpose of representing the City in specific individual legal matters. Such representation shall be secured by requests for proposal.
D. Department Director duties. The duties and responsibilities of the City Solicitor shall include, but not be limited to, the following:
(1) Prepare, review and revise ordinances or resolutions when so requested by the Mayor or Council.
(2) Attend Council meetings and/or hearings.
(3) Provide legal opinions upon any legal matter or question.
(4) Provide legal advice when requested by department heads who are planning and/or preparing documents and/or positions.
(5) Be available for consultation to those department heads who file complaints at the district justice level.
(6) Litigate all legal actions and claims brought by or against the City except in those cases in which other legal counsel is retained.
(7) Approve for legality all contracts, agreements or other legal documents to be executed by authorized City officials.
(8) Shall provide a written quarterly report to Mayor and Council on the status of all legal matters on which the Department of Law, directly or through temporary legal counsel, representing the City.
(9) Except as otherwise provided by City Council, shall be responsible for the supervision of all temporary legal counsel, excluding independent legal counsel for the Mayor or City Council, including approval of their billings.
(10) The City Solicitor or his legal designee shall provide legal counsel to all boards, authorities and commissions not having a regular legal advisor. The Solicitor or his designee shall attend any meetings of boards, authorities and commissions when requested.
9. Editor's Note: Amended during codification (see Ch. 1, General Provisions, Part 2).