Town Counsel
Purpose and Services:
The Town Counsel's Office primary role is to assist the Town Supervisor, Town Board, Town Planning Board, Town Zoning Board of Appeals and other Town departments and personnel in performing their functions and fulfilling their roles in accordance with all applicable federal, state and local laws, rules and regulations. Therefore, the Town Counsel's role of necessity involves numerous meetings with Town officials and personnel, extensive drafting and review of numerous documents and general overview and supervision of the Town's compliance with all legal requirements in all aspects of Town government.
Town Counsel is available to Town personnel to assist, guide and represent the Town in a wide range of matters. The Town Counsel's Office receives approximately 600 annual requests for legal assistance from Town personnel. In addition to providing this "day to day" advice to Town personnel, Town Counsel is responsible for the following during the year:
A. Attendance at Town Board Meetings - Town Counsel attends each regular Town Board Meeting and some special and workshop meetings.
B. Preparation of Resolutions - The Town Board adopts approximately 550 Resolutions annually. The Town Counsel's Office prepares these Resolutions and assembles them into properly organized packets for delivery to each Town Board member prior to each meeting. This preparation includes researching and assembling information, meeting with Department Heads and employees, verifying information and finally drafting the Resolutions.
C. Contracts and Agreements - In order to perform its governmental functions, the Town enters into many formal legal contracts for various activities. Town Counsel's Office drafts, revises, reviews and provides assistance in negotiation of approximately 80 annual contracts.
D. Town Code Amendments - In order to implement its authority in a fair and reasonable manner, the Town maintains a thorough set of Local Laws which are formally codified in the Town Code of the Town of Queensbury. The Town Code is continually evolving to address new and different situations requiring local regulation. Town Counsel's Office assists in drafting the Town's adoption of Zoning Ordinance amendments, rezoning applications and Local Laws. In particular, Town Counsel must see to it that all such Local Laws are written and adopted in accordance with complex state statutes regarding their lawful adoption.
E. Personnel and Labor Negotiations - Town Counsel assists the Town Board and Department Managers in providing guidance on personnel matters and representing the Town in labor union grievance and negotiation matters.
F. Bidding Documents - In order to procure goods and services of proper quality at the most reasonable prices, the Town is also involved in securing competitive bidding for numerous projects. In conjunction with the Town Clerk's Office, the Town Counsel's Office assists various Town personnel in the bid process, thereby ensuring that bids were solicited, received and awarded in accordance with applicable laws.
G. Road Dedications - The Town maintains a road network and drainage ways for the benefit of its citizens and property owners. In conjunction with the Town Highway Department, Town Counsel's Office prepares documentation for dedication and acceptance by the Town of roads and drainage easements. Preparation and approval of the real property documentation necessary for such conveyances assures that the rights of the Town and its citizens are adequately protected.
H. Financing - The Town borrows money from time to time to finance various municipal operations. In conjunction with the Town Controller's Office, Town Counsel's Office prepares documents for issuance of various bond anticipation notes and other financing documents.
I. Water and Sewer Districts - Town Counsel's Office, in conjunction with the Town Water and Wastewater Departments, prepares the documentation necessary for establishment and approval of Town water and sewer district extensions to assure continuation of provision of adequate municipal services to additional Town residents.
J. Code Enforcement - Town Counsel works with the Town's Department of Community Development, through its Building Department, Code Compliance Officer and Animal Control Officer, to ensure compliance with provisions of the Queensbury Town Code. Town Counsel assists Town enforcement personnel with enforcement cases in Queensbury Town Court, successfully mandating compliance with applicable Local Laws by numerous offenders. Nonetheless, the principal goals of the enforcement staff and Town Counsel are to achieve compliance rather than to penalize occasional violators.
K. Planning and Zoning - Town Counsel attends the meetings of the Town Planning Board to assist the Board and make sure its procedures and decisions comply with applicable laws and regulations. Town Counsel also represents and assists the Town Zoning Board of Appeals on various issues as necessary.
L. Litigation - Part of Town Counsel's function is to represent the Town in litigation matters, as well as to provide advice which hopefully helps the Town avoid litigation. In this regard, very few legal actions are filed annually against the Town and the Town has generally prevailed in cases that have been litigated.
Aside from the topics mentioned above, Town Counsel's main job is to work with the Town Board and the various Town personnel toward effective Town government which responds as successfully and expediently as possible to the needs and desires of the Town's citizens. The Town Counsel's Office continues to work as efficiently as possible to maintain a harmonious relationship with Town personnel and the general public.
