The Law Director and/or Assistant Law Director shall be the legal advisors of attorneys and counsel of the Municipality, and for all officers and departments thereof in matters relating to their official duties. He or she shall prosecute or defend all suits for and in behalf of the Municipality. He or she shall prepare and/or review all contracts, bonds and other instruments, in writing, in which the Municipality is concerned and shall certify in writing his or her approval of the form and correctness thereof.
The Law Director and/or Assistant Law Director shall prosecute or defend for and on behalf of the Municipality, all complaints, suits, and controversies in which the Municipality is a party, and he or she shall participate in, prosecute or defend for and on behalf of the Municipality such other suits, matters and controversies relating to Municipal affairs as directed by resolution or ordinance of Council.
The Law Director and/or Assistant Law Director shall defend on behalf of all police officers, all suits brought against such police officers arising out of or in behalf of other Municipal officials and employees, such suits arising out of or in the course of their employment as he or she shall, by resolution or ordinance of Council, be directed to defend.
The Council, the director of any department, or any officer, board, or commission not included within a department, may request, in writing, the oral or written opinion of the Law Director and/or Assistant Law Director upon any question of law involving their respective powers or duties.
The Law Director and/or Assistant Law Director shall apply, in the name of the Municipality, to a court of competent jurisdiction for an order of injunction to restrain the misapplication of funds of the Municipality, or the abuse of its corporate powers, or the execution or performance of any contract made on behalf of the Municipality in contravention of law, or which was procured by fraud or corruption, the abatement of a nuisance, or for such other acts where irreparable injury to the Municipality or general public is involved and there is no adequate remedy at law.
When an obligation or contract made on behalf of the Municipality granting a right or easement, or creating a public duty, is being evaded or violated, the Law Director and/or Assistant Law Director shall apply for the forfeiture of the specific performance thereof as the nature of the case requires.
In case any officer, board or commission fails to perform any duty required by law or this Charter, the Law Director and/or Assistant Law Director shall apply to a court of competent jurisdiction for a writ of mandamus to compel the performance of such duty.
In case the Law Director and/or Assistant Law Director, upon written request of any taxpayer of the Municipality, fails to make any application provided as referenced above, such taxpayer may institute suit or proceedings for such purpose in his or her own name on behalf of the Municipality. No such suit or proceeding shall be entertained by any Court until such request to the Law Director and/or Assistant Law Director shall first have been made, nor until the taxpayer shall have given security for the costs of the proceedings.
In addition to the duties imposed upon the Law Director and/or Assistant Law Director by this Charter or required of him or her, by resolution or ordinance, he or she shall perform the duties which are imposed upon City Solicitors by the general law of the State.
The Law Director and/or Assistant Law Director shall make a report to the Council, at its first regular meeting in January of each year or at such other time as Council may by resolution or ordinance designate, of the business of his office, and such other matters as he deems proper to promote the good government and welfare of such Municipality.
The Council may provide the Municipality with special legal counsel as it deems necessary.
The member removed as provided in this Section, may appeal this decision according to law. (Amended 11-8-16.)