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HOME | Office Procedures | Service Briefs | Notice Claim Form Access | Flow Charts
LAW DEPARTMENT:
The law Department is responsible for all legal matters on behalf of the
City of Gary. The Law Department represents the City before Federal and
State Courts and agencies.
The Law Department also advises other City departments regarding legal matters. Referrals that are made in writing are to be directed to the Corporation Counsel or City Attorney to be assigned to an Assistant City Attorney. Walk in or telephone request for information are directed to an available attorney, as appropriate. Upon investigation of the facts, the Law Department will apply appropriate law to the situation to provide the best appropriate legal advise as is possible. This includes advise as to various situations that the City may be involved in and the research of any appropriate laws and the providing of legal opinions as is required for the efficient, legal operations of City functions.
The Law Department oversees the code Enforcement Department of the City and is responsible for the prosecution of violations of the City Code in City Court and if necessary, the institution of the proceedings in Superior Court to enforce City ordinances.
The Law Department provides representation to the Police and Fire Civil Service Commissions, as well as any other meeting in which City officials are includes meetings of the Common Council and press conferences in which the Mayor or other City officers and officials may have need to discuss legal matters and need appropriate legal advise.
WORK PROCEDURES:
Notice of Claim
A Notice of Claim is filled against the City of Gary for damages to a person and/or property.
Procedure: Open and assign file to the investigator team. The investigator gathers circumstances and facts, photographs, if possible, witness statements and other relevant documents. A case summary report is submitted to assigning attorney and/or Corp. Counsel or City Attorney for review and to advise of settlement and/or collection.
Complaint and Summons
The Compliant is the initiatory pleading on the part if the plaintiff in a civil action against the City. The Summons is served to notify a defendant to appear in court to answer a suit, which has been brought against him/her in their capacity as city employees.
Procedure: Once served a file is opened, if a investigation file does not exist, and given to the corp. Counselor assigning of an attorney is then filed and other legal proceeding are file according to attached QC12 form.
Contracts
The Law Department prepares and/or reviews contract for City services according to attached QC12 form.
Procedure: When the Law Department receives a contract for City services, it is referred to the Corporation Counsel and/or City Attorney to an Assistant City Attorney for preparation or review. If a contract needs to be prepared, the information supplied by the department, commission or agency requesting the contract is inserted into the appropriate City form contract. If the contract is already prepared, it is reviewed. For legality and to determine whether it adequately protects the legal interests of the City.
After the contract has been drafted or approved, it is returned to the originating department, with a memorandum stating that it is acceptable to the Law Department. The contract is then forwarded to the appropriate authorities for final approval and execution.
Resolutions and Ordinances
The Law Department uses procedures similar to those used in regards to contracts in the preparation of ordinances and resolutions to be adopted by the Common Council with QC37 form attached.
Procedure: After the proposal is received by the Law Department, it is assigned to an Assistant City Attorney to be drafted and/or reviewed. Ordinances and resolutions are forwarded to Deputy Mayor for approval prior to being assigned a Posed Ordinance Number by the Law Department. Once the Law Department assigns a Proposed Ordinance Number, it may be sent to the Common Council for debate, discussion and adoption.
Customers:
The City of Gary addresses the issues with citizens and for other internal department.
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