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Orange County Charter 6

ARTICLE VI, Department of Law; County Attorney.

Section:

6.01. County Attorney; Powers and Duties.
6.02. Deputy County Attorneys and Staff; Appointment; Revocation.
6.03. Acting County Attorney.
6.04. Special Counsel.
 

Section 6.01. Department of Law; 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 appointment, and throughout his term of office, the County Attorney shall be and remain duly licensed and entitled to practice law in the State of New York. He shall be appointed on the basis of his legal experience and other qualifications for the responsibilities of his office. He shall be directly responsible to, and serve at the pleasure of, the County Executive.
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Section 6.02. County Attorney; Powers and Duties.

Except as may otherwise be provided in this Charter, -the County Attorney shall, with respect to County civil matters:
  1. be the sole legal advisor for the County and its executive units, including its officers, other than the Legislature and its officers;
  2. prepare all necessary legal papers and instruments pertaining to the executive branch of government;
  3. prosecute or defend all civil matters or proceedings involving the County and its executive units, including its officers, other than the Legislature and its officers;
  4. prepare local laws, ordinances, resolutions, legalizing acts or other legislation upon request of the County Executive together with notices and~ other documents in connection therewith;
  5. have all the powers and perform all the duties conferred or imposed by law upon a County Attorney, except as may be inconsistent with this Charter, and perform such other and related non- conflicting duties required by the County Executive, except the rendering of advice and service to town boards and town officers.
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Section 6.03. Deputy County Attorneys and Staff; Appointment; Revocation.

The County Attorney may appoint such Deputy County Attorney, assistants and employees of his Department as shall be authorized by the County Legislature, including a confidential secretary, who shall be in the exempt class of the civil service. At the time of his appointment, and throughout his term of office, each Deputy County Attorney shall be and remain duly licensed and entitled to practice law in the State of New York. Any such Deputy County Attorney appointed shall have all the powers and duties of the County Attorney. Each such appointee shall be directly responsible to, and unless otherwise required by law, serve at the pleasure of the County Attorney. Appointments, and revocations thereof, shall be in writing and reported to the Commissioner of Personnel.
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Section 6.04. Acting County Attorney.

The County Attorney, subject to approval by 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 absence from the County or inability to perform and exercise the powers and duties of his office. Such designation shall be filed with the County Clerk and the Clerk of the County 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.
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Section 6.05. Special Counsel.

The County Attorney shall have the power to retain special counsel where necessary and within appropriations made therefore.