City Solicitor

Shall be a member in good standing of the Delaware Bar and be licensed to practice law before all state Courts in the State of Delaware and the Federal District having jurisdiction over Delaware (or eligible to be admitted to practice before the Federal District Court as soon as practicable).

The City Solicitor is selected by, reports to, and is evaluated by the Commissioners of the City of Rehoboth Beach (“Commissioners”). The City Solicitor shall be a member in good standing of the Bar of the State of Delaware. It shall be their duty to give legal advice to The Commissioners and other offices of The City and to perform other legal services as may be required of them by The Commissioners.

Essential Duties and Responsibilities

The intent of this job description is to provide a representative summary of the major duties and responsibilities performed by incumbents of this job. Employees may be requested to perform job-related tasks other than those specifically presented in this description.

• The City Solicitor shall hold a full-time or substantially full-time position with the City.
• Except for the Planning Commission and Board of Adjustment (each of which has its own independent counsel), the City Solicitor will manage all the legal activities and representation of the City.
• The City Solicitor may utilize other resources available to them in consultation with the Mayor and/or City Manager and will retain and manage outside counsel/attorneys that may be required to represent the city in a variety of matters.
• The City Solicitor should be familiar with litigation procedures, land use law, real estate law, personnel and labor law, regulatory and election law, and expertise as it relates to city financial activities such as borrowing, bonds, etc., and other areas as needed.
• In his or her role of advice and consultation to the Mayor and the Commissioners, the City Solicitor will regularly prepare for and participate in all City Commission meetings and workshops.
• This will include prior review and comment on all legal and legislative matters to come before the Commission, including drafting resolutions, motions, ordinances, and other documents for further action, as well as assisting with reviewing the agenda prior to being published.
• The Board of Commissioners typically meets monthly in a workshop meeting on the second Monday preceding the regular meeting and the third Friday of each month in a regular meeting.
• Special meetings are scheduled as needed. Attendance may be required at all meetings of the Board of Commissioners.
• The City Solicitor will advise the City Manager regularly and continuously on all relevant matters pertaining to City activities. This includes but is not limited to the review of all contracts, all regulatory activities, code interpretation, all leases, and other ongoing matters.
• Upon approval of the City Manager or Mayor, the Directors and Department heads of the City, such as the Planning and Community Development Director, Chief of Police, and others, may seek direct advice from the City Solicitor.
• The City Solicitor is expected to consult regularly with the Building and Licensing Department on matters related to code interpretation and issuance of permits and represent the Building Inspector before the City’s Board of Adjustment and Planning Commission when deemed appropriate. For matters requiring the City Solicitor’s involvement, the Planning Commission usually meets the second Friday of each month, and the Board of Adjustment usually meets the fourth Monday of each month. As stated above, the Planning Commission and the Board of Adjustment each have their own independent counsel.
• The City Solicitor should have adequate familiarity with many of the types of matters in the City Charter (https://ecode360.com/12119262) and City Code (https://ecode360.com/RE0659), as well as matters addressed in the Delaware Code including those applicable to municipalities (e.g., Title 22 of the Delaware Code, https://delcode.delaware.gov/title22/index.html). For example, such matters may involve public infrastructure and property, city services, licensing, zoning, planning and development, personnel and employment, municipal borrowing, public records, election law, ethical standards, and litigation. It is preferable, but not required that the selected candidate be familiar with and/or have?expertise in all these matters.
• The City Solicitor should have some direct litigation experience and/or should have worked in coordination with litigators on some litigation, whether that is court and/or administrative agency litigation. In the past, when there has been court litigation involving the City, in some instances, the City Solicitor has represented the City (solely or as co-counsel), but in some instances, the City has retained separate litigation counsel. Where the Planning Commission or the Board of Adjustment is a named party to any court litigation, their own respective counsel may be involved in such litigation, and the City Solicitor may or may not be involved. An otherwise strong candidate with an absence of direct litigation experience will not be excluded from consideration.
• Regarding all matters in which the City Solicitor is involved, the City Solicitor (and any other resources authorized to be used and managed by the City Solicitor) must provide a high-quality work product in a timely manner.
• Absent a waiver, the City Solicitor and all counsel utilized on behalf of the City or any of its entities must have no conflict of interest with the business of the city and shall take all measures to avoid the appearance of a conflict of interest.
• The City Solicitor is expected to be knowledgeable of Chapter 100, Title 29 of the Delaware Code, Freedom of Information Act (FOIA), and the ability to interpret and provide guidance on FOIA compliance and defend the City in any FOIA violation allegations.
• Overall, and in general, the City Solicitor should view the role as providing the City with a proactive legal approach that helps it manage its business and anticipates both long-term and short-term impacts.