2.27.005    Established, appointment

2.27.010    Duties

2.27.020    Borough attorney’s office employees

2.27.030    Prosecutions, civil actions, defense

2.27.040    Opinions

2.27.050    Approval as to form

2.27.060    Outside counsel


There is established the office of the borough attorney. The borough attorney is appointed by the borough assembly and, subject to a contract of employment, shall serve at its pleasure.

(Ord. 16-045, § 2 (part), 2016)

2.27.010 DUTIES.

The borough attorney:

(A)    performs all legal services on behalf of the borough and is the legal advisor of the assembly, mayor, manager, clerk and other officers of the borough;

(B)    represents the borough as attorney in all proceedings;

(C)    administers the attorney’s office and has supervision and control over all employees in the borough attorney’s office;

(D)    appoints a deputy who, in the absence of the borough attorney, shall perform the functions of the borough attorney;

(E)    performs and exercises all powers incident to the duties of the office of borough attorney in accordance with the Alaska Rules of Professional Conduct;

(F)    hires and manages outside counsel as deemed necessary to represent or advise the interests of the borough on specific matters except under MSB 2.27.060(B);

(G)    performs other duties as directed by the borough assembly.

(Ord. 16-045, § 2 (part), 2016: Ord. 94-001AM, § 3 (part), 1994)


(A)    The employees in the borough attorney’s office are under the supervision and control of the borough attorney. Borough attorney’s office employees are subject to the provisions of MSB 2.52 to the same extent as other borough employees except that the borough attorney provides the functions of the manager under MSB 2.52 as it applies to employees in the borough attorney’s office.

(B)    The borough attorney and all employees in the borough attorney’s office are exempt and excluded from an employee labor organization.

(Ord. 16-045, § 2 (part), 2016)


(A)    The borough attorney may do all things necessary to prosecute violations of borough code.

(B)    The borough attorney may bring civil actions against any person or entity as deemed necessary to further the interests of the borough, recover damages, and/or seek any legal or equitable relief on behalf of the borough.

(C)    The borough attorney shall defend the borough against claims brought against it or its officers or employees in their official capacity.

(Ord. 16-045, § 2 (part), 2016)

2.27.040 OPINIONS.

The borough attorney may issue legal opinions upon any question of law. Legal opinions may be in writing, and if so, shall be filed and preserved among the records of the borough and shall be retained by the department to whom the opinion is directed. Written legal opinions are binding upon, and shall be followed by, all borough employees excluding elected officials.

(Ord. 16-045, § 2 (part), 2016)


The borough attorney shall review every ordinance, resolution, action memorandum and informational memorandum before it is brought before the assembly. The borough attorney shall either approve as to form any and all such documents or submit the reasons for not doing so.

(Ord. 16-045, § 2 (part), 2016)


(A)    Regardless of MSB 3.08, legal services may be procured by direct negotiation by the borough attorney with an attorney or law firm qualified to handle the type of legal problem presented. No contract for the services of legal counsel may be entered into without the approval of the borough attorney. The borough attorney may procure legal services within the limits of annual appropriations and shall report on specific matters to the assembly as requested or deemed necessary by the borough attorney.

(B)    In the event of a professional conflict or when the borough manager or borough clerk deems it necessary to obtain outside counsel without the borough attorney’s involvement, the manager or clerk may do so and notify the attorney in writing of such action.

(C)    The borough assembly may hire outside counsel to represent it in specific cases as it deems necessary and nothing in this chapter is intended to limit the borough assembly’s ability to do so.

(Ord. 16-045, § 2 (part), 2016)