 | RESOLUTION NO. 152 of 2014 DATED: June 24, 2014 |
RESOLUTION ADOPTING INTRODUCTORY LOCAL LAW D OF 2014 - A LOCAL LAW PROVIDING FOR CLARIFICATION AND ELABORATION ON ARTICLE 8 OF THE CHARTER OF MONTGOMERY COUNTY RELATING TO THE DEPARTMENT OF LAW
| Seconded by: | Bieniek |
WHEREAS, pursuant to Section 15.02 of the Charter of Montgomery County, the County Legislature is empowered to clarify and elaborate on any provision of said Charter in a local law, and
WHEREAS, Article 8 of the Charter has been deemed to require clarification and elaboration for the efficient operation of County business.
RESOLVED, that Introductory Local Law D of 2014 hereby is submitted to the Montgomery County Legislature for consideration:
A LOCAL LAW PROVIDING FOR CLARIFICATION AND ELABORATION ON ARTICLE 8 OF THE CHARTER OF MONTGOMERY COUNTY RELATING TO THE DEPARTMENT OF LAW
BE IT ENACTED by the Legislature of the County of Montgomery as follows:
Section 1.
Article Eight of Local Law Number 2 of 2012 is hereby temporarily amended to read as follows:
ARTICLE 8: DEPARTMENT OF LAW
§ 8.01. County Attorney.
There shall be a Department of Law under the direction of a County Attorney who shall be appointed by the County Executive, subject to confirmation by the County Legislature. At the time of his or her appointment, and throughout his or her term of office, the County Attorney shall be and remain duly licensed and entitled to practice law in the State of New York. He or she shall be appointed on the basis of his or her legal experience and other qualifications for the responsibilities of his or her office.
§ 8.02. Powers and duties.
Except as may otherwise be provided in this Charter, the County Attorney shall, with respect to County civil matters:
(a) be the sole legal adviser for the County and its administrative units, including its officers;
(b) prepare all necessary legal papers and instruments including local laws, resolutions, legalizing acts or other legislation upon request of the County Executive or a member of the County Legislature, together with notices and other documents in connection therewith;
(c) prosecute or defend all civil matters or proceedings involving the County and its units, including its officers;
(d) execute all tax foreclosure proceedings required in the name of the County;
(e) have all the powers and perform all the duties conferred or imposed by law upon a County Attorney, and perform such other and related non-conflicting duties required by the County Executive or the County Legislature.
§ 8.03. Deputy County Attorneys and staff.
The County Attorney may appoint such Deputy County Attorneys, assistants and employees of his or her department within appropriations made therefor. At the time of his or her appointment, and throughout his or her term of office, each Deputy County Attorney shall be and remain duly licensed to practice law in the State of New York.
§ 8.04. Acting County Attorney.
The County Attorney, subject to approval of the County Executive, shall designate in writing and in order of succession the Deputy County Attorneys who shall be acting County Attorney in the event of his or her absence from the County or inability to perform and exercise the powers and duties of his or her office. Such designation shall be filed with the County Executive and the Clerk of the Legislature and may be revoked at any time by the County Attorney by filing a new written designation and order of succession. The Acting County Attorney shall have all the powers and perform all the duties of the County Attorney.
§ 8.05. Conflicts.
Whenever the interests of the County Executive and the Legislature are inconsistent, the County Attorney shall represent the interests of the County Executive. In such event, nothing herein shall be construed to deny the County Legislature access to obtaining legal counsel at County expense.
§ 8.06. Special counsel.
The County Attorney shall have the power to retain special counsel within appropriations made therefor.
§ 2. If any provision of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operations to the particular provision directly involved in the controversy.
§ 3. This local law shall take effect immediately.
§ 4. Provisions of this local law shall be null, void, and of no force and effect on and after January 1, 2017 or at which time permanent amendments to Article 8 of the Montgomery County Charter shall take effect, whichever shall come first.
RESOLUTION VOTE, passed with Aye(8). Legislator Duchessi was absent. (6/24/2014)
County Attorney |
| cc: | County Clerk County Treasurer |
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||