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22. Other Local-Governmental Officials
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ChApTEr 22 Other LocalGovernmental Officials In local government there are positions that are not as highly visible as the mayor or the first selectman, but are nonetheless important. Positions such as the municipal attorney, harbormaster, and canine control officer, each in his or her own way, affect the well-being of the community. In this chapter, the role of these three positions will be addressed. Municipal Attorney The municipal attorney (sometimes called the corporation counsel) is normally a political appointment, made by either the mayor or the majority vote of the governing body. It is not unusual to see a change in the town attorney when there is a change in the ruling party. The larger municipalities tend to have attorneys directly on their staff. Most municipalities, however, hire a law firm to take care of their municipal legal services. The responsibilities of the municipal attorney are spelled out in the charter. Normally the attorney is charged with providing legal advice to the municipal boards and agencies and to town officials as well as providing defense for the municipality in the event of a lawsuit. Owing to the complexities of municipal government operation, oftentimes a law firm will be appointed with one attorney as the lead counsel, but with other attorneys in the firm on board. There are several major law firms in Connecticut that specialize in providing municipal legal services. Frequently a board of education will appoint its own attorney; this is owing to the independent nature of the board and to the complexities of public education. Within the legal profession there are attorneys that specialize in education issues, such as may be required, for instance, in an appeal of a special education case. Some towns appoint an attorney with strong political ties and who may have just a small office in town. The role of the municipal attorney is important, both legally and politically. Often the attorney helps guide the mayor or first selectman in addition to his or her role as legal counsel to the municipal boards and commissions. 144 Local Government in Connecticut Although the attorney serves in an advisory capacity, he or she can directly influence public policy. The extent of this involvement varies considerably. Frequently the local legislative body will refer a legal question to the attorney and table the issue in question until a legal ruling can be obtained. Oftentimes the attorney sits with the legislative body at all of its meetings. In this situation, the attorney virtually becomes part of the legislative body, and since the appointment is by the ruling party or by the mayor, it strengthens the authority of the party in charge even though as stated, the role of the municipal attorney is advisory in nature. As with all attorneys’ advice, the board or commission does not have to follow it. However, such disregard can create a dilemma if a lawsuit is subsequently filed. In such a case, the municipal attorney is then in the difficult position of defending a public position that he or she did not advocate, and may have even argued against! It is not unusual to bring in another attorney when expertise is needed in a specific field. Labor law and education issues have become extremely complex and costly, and arguing cases in these areas requires specific legal knowledge. Awkward situations occur when there is a conflict between municipal boards or officials, and one board or official decides to bring a lawsuit against the other. For example, conflicts between planning and zoning commissions and zoning boards of appeals have resulted in legal action on more than one occasion. One board is then represented by the municipal attorney, and the other is represented by a special attorney just for the conflict, resulting in a difficult, and expensive, situation, to say the least. In conclusion, the municipal attorney is an important part of municipal government, and his or her amount of policy and political influence varies significantly from town to town. Harbormaster (and Harbor Management Commission) One of the municipal positions that many have never heard of, especially if they do not live near or on the coast, is the harbormaster. While the specifics vary from state to state, the harbormaster is usually an appointed position with the basic responsibility for “safe navigation.” In Connecticut, harbormasters are appointed by the governor. If the municipality has a harbor management commission (HMC) with an approved harbor management plan, the governor must choose a harbormaster from a list of at...