§ 2-302. Town attorney.
(a)
The town council shall retain the services of a member of the bar of the Commonwealth, or a law firm or partnership of two (2) or more members of the bar of the commonwealth, and the person, firm or partnership so retained shall be known as the town attorney.
(b)
The town attorney shall be the legal advisor to the town council and its committees and to the mayor, the town manager and other officers of the town, and when requested, shall furnish written or verbal opinions upon any subject involving questions of law in which the town is interested.
(c)
It shall be the duty of the town attorney to draft all bonds, deeds, obligations, contracts, leases, conveyances, agreements and other legal instruments, of whatever nature, which may be required by any ordinance or order of the town council, or which, by law, usage or agreement, should be drawn by the town. It shall also be the town attorney's duty to commence and prosecute all actions and suits to be brought by the town before any tribunal in this commonwealth, or to request the appointment of other counsel for such purpose, also to appear, defend and advocate the rights and interests of the town in any suit or prosecution brought against it, and the town attorney shall perform such other duties as are or may be required for the town under his or her contract therewith or by any ordinance or resolution of the town council.
(d)
The town attorney, in consultation with the town manager, shall have the authority to compromise and settle disputes, claims and controversies involving the interests of the town, and to discharge any such claims; provided that, where any proposed compromise or settlement involves the payment of more than two thousand five hundred dollars ($2,500.00) by the town, the town attorney shall obtain the approval of the town council for such payment. The town attorney, in consultation with the town manager, is authorized to deny any claim against the town, its officers, officials, agents, or employees, for any reason supported by the law.
(e)
The town attorney is authorized, with the concurrence of the Montgomery County Commonwealth's Attorney, to prosecute criminal cases charging the violation of town ordinances.
( Ord. No. 1708, § 1, 1-14-14 )
Charter reference— Appointment, term, qualification and duties of attorneys § 3.19.
State Law reference— §§ 15.2-1536, 15.2-1542.
State law reference
§§ 15.2-1536, 15.2-1542.
Charter reference
Appointment, term, qualification and duties of attorneys § 3.19.