§ 3-2-1002. ADMINISTRATION AND DUTIES.

(a)

County Attorney to administer office. The County Attorney, qualified and appointed in accordance with §§ 402 and 507 of the Charter, shall administer the Office of Law.

(b)

Duties - In general. The County Attorney has general charge of the legal business of the county.

(c)

Same - Legal advisor. The County Attorney is the legal advisor and shall represent and otherwise perform all of the legal work for each officer and unit of the county government including each department, office, bureau, commission, board, and agency of the county.

(d)

Actions in certain courts.

(1)

Except as provided in paragraph (2) of this subsection, the County Attorney shall institute, defend, or discontinue a suit, action, or legal proceeding in a local, state, or federal court, or before a local, state, or federal administrative agency.

(2)

An appeal may not be taken to the Court of Appeals of Maryland, the United States Circuit Court of Appeals, or the Supreme Court of the United States without a written order of the County Attorney after the County Attorney has consulted with the County Executive.

(e)

Notification to County Council.

(1)

In this subsection, the following terms have the meanings indicated.

(i)

Significant litigation.

1.

"Significant litigation" means any matter or dispute described in subsection (d)(1) involving the county or an employee for which the monetary demand exceeds $500,000 or for which the county or the County Council is demanded to take or continue a certain action or practice or to discontinue a certain action or practice the duration of which is one (1) year or longer.

2.

"Significant litigation" does not include dispute resolution procedures and proceedings set forth in Article 4, Title 5, Subtitles 4 and 5 of the County Code.

(ii)

Settlement. "Settlement" means an agreement by which parties having disputed matters between them reach or ascertain a satisfaction of the obligations or conduct of the parties from one to the other; a determination by agreement; or a liquidation. A settlement may include but not be limited to an agreement of a monetary payment from or to the county, the entering into of any type of consent or other decree, a conciliation agreement, or any other type of instrument or agreement for which the county or the County Council is required to take or continue a certain action or practice or to discontinue a certain action or practice.

(2)

The County Attorney shall provide to the County Council an annual report due on December 31 of each year that provides a listing of significant litigation, including for each case the name of the case, a summary of the case, and the amount demanded or course of action demanded as applicable.

(3)

Prior to the county's approval of a settlement of any significant litigation that requires legislative action by the County Council as part of the settlement, the County Attorney shall, through the County Administrative Officer, provide written notification to each member of the County Council of the county's intent to approve the settlement. The notification shall include a summary of the case, the parameters of the settlement, and the legislative action required as part of the settlement.

(1988 Code, § 2-141) (Bill No. 69-95, § 1, 7-1-1995; Bill No. 31-99, § 3, 7-1-2004; Bill No. 31-18 , § 1, 6-6-2018)