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CITY COUNCIL

Committee of the Whole Agenda 11/01/21


Monday, November 1, 2021
5pm
Virtual Meeting
Agenda

DOWNLOAD PDF HERE

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  1. Budget Review – PFM Overview & Police
  2. Council Solicitor
    • Bethlehem - $26,000 plus healthcare coverage; job description similar to ours; attends all Council meetings unless excused by the Council Pres.
    • Scranton - $46,000 – attends all Council regular meetings and caucus meetings (similar to our COWs)
    • Salary covering Regular Meetings 24 per year @ approx. 72 hours; approx. 4 Special Meetings per year @ approx. 6 hours; approx. Hourly rate for approx. 4 quasi judicial hearings held per year @ approximately 10 hours
    Council Solicitor Services included with Annual Salary
    1. Provide legal services or assistance at the following City Council meetings/hearings
      1. Regular Meetings
      2. Special Meetings
      3. Legislative public hearings
    2. Provide legal services or assistance when requested at Committee meetings
    3. Provide legal services when requested at Executive Sessions.
    4. Conduct legal research and prepare legal opinions on all matters of law as requested by members of Council or the City Clerk from time to time.
      • The Council Solicitor shall forward a copy of all written opinions (hard copy and email) to the City Solicitor unless the opinion involves a matter of conflict with the Administration or is an otherwise confidential and/or privileged matter.
      • A copy of written legal opinions requested by a member of Council shall be forwarded to the President of Council, each of the members of City Council and the City Clerk, unless a member of Council requests confidentiality as to the opinion, at which time the communication will be subject to attorney/client privilege.
    5. When requested by Council, the Council Solicitor shall review resolutions, leases, contracts, agreements and other documents upon which Council action will be required and shall consult and discuss with the City Solicitor all issues related thereto.
    6. The Council Solicitor shall prepare ordinances as directed by the President of Council or a majority of Council members and review proposed ordinances prepared by the City Clerk or Administration and provide input or clarifications as required.
    7. Give advice on legal matters (including citizens’ legal inquiries) to members of City Council or City Clerk, when requested or as necessary.
    Administration matters / City Solicitor
    1. Consult with City Solicitor on City legal matters when either (i) requested by City Solicitor with approval of President of Council, or (ii) requested by the President of Council or a majority of Council members.
    2. The Council Solicitor shall be available to Administration and/or the office of the City Solicitor for the following purposes:
      1. Consultation concerning pending or threatened litigation involving the City or ordinances or resolutions of the City that may be subject to challenge;
      2. Consultation concerning the drafting of proposed City ordinances;
      3. Consultation regarding any other matters relating to City business at the request of the City Solicitor as directed by the President of Council or a majority of Council members;
      4. To represent the City or other City departments where the City Solicitor and/or Assistant City Solicitors have a conflict of interest (excluding litigation matters), subject to the approval of the President of Council and unless independent legal counsel is otherwise obtained under the Charter.
      5. Consultation concerning miscellaneous legal issues related to matters that may require future Council action.
    3. The Council Solicitor shall be available to the City Clerk for the purpose of consultation and advice on issues related to the duties of the Clerk and Council business.
    4. Provide primary legal advice and assistance to Council on matters where a conflict or dispute with the Administration exists or is likely to occur.
    Additional Services covered by an hourly rate
    1. Provide legal services where City Council, as a body, is exercising adjudicative or quasi-judicial functions including, but not limited to, conditional use hearings, HARB appeal heal hearings, tax exoneration hearings, liquor license hearings and personnel hearings.
    2. Provide legal services for Charter complaint representation or mediation
    3. Provide legal services for litigation beyond “consultation” services provided above
    4. Provide legal services for bond issues or other financing transactions including, but not limited to, the issuance of opinion letters
    5. Provide legal services for special projects with the approval of a majority of City Council

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