Seeking Legal Advice

1. Purpose

This policy aims to guide the Oondo Council in determining when to seek legal advice to ensure compliance with legal obligations, mitigate risks, and make informed decisions in the best interest of the community.

2. Scope

This policy applies to all council members, officers, and employees of the Oondo Council who are involved in decision-making processes that may have legal implications.

3. Circumstances Requiring Legal Advice

Legal advice should be sought in the following circumstances:

  • Legislative or Regulatory Changes: When new laws or regulations are enacted or existing ones are amended that may affect the council's operations or decision-making.

  • Contractual Matters: Before entering into, amending, or terminating significant contracts, agreements, or leases. This includes procurement contracts, service agreements, and land transactions.

  • Disputes and Litigation: If the council is involved in, or anticipates being involved in, any legal dispute, litigation, or administrative proceedings.

  • Potential Liability: If a council decision or action may expose the council to legal liability, financial risk, or reputational damage.

  • Policy Development: When developing or revising council policies, bylaws, or regulations that may have legal implications.

  • Land Use and Planning: When dealing with complex land use, zoning, or development applications, or when making decisions that may have significant environmental impacts.

  • Employment Issues: When dealing with sensitive employment matters such as hiring, firing, disciplinary actions, or discrimination complaints.

  • Freedom of Information and Privacy: When responding to requests for information under freedom of information or privacy legislation.

  • Other Matters: When a council member, officer, or employee is uncertain about the legal implications of a decision or action, they should consult with the designated legal advisor or seek external legal advice.

4. Process for Seeking Legal Advice

  • Identify the Need: The relevant council member, officer, or employee should identify the need for legal advice and consult with their supervisor or the designated legal advisor.

  • Gather Information: Relevant documents and information should be gathered and provided to the legal advisor.

  • Obtain Advice: Legal advice should be obtained in a timely manner, taking into account the urgency of the matter and any relevant deadlines.

  • Document Advice: Legal advice received should be documented in writing, including the date, the name of the advisor, and the substance of the advice.

  • Consider and Implement: The council should carefully consider the legal advice received and make an informed decision, taking into account all relevant factors.

5. Legal Advisor

The Oondo Council may designate an internal legal advisor or retain external legal counsel to provide legal advice and representation. The legal advisor should be a qualified lawyer with experience in municipal law and relevant areas of practice.

6. Exceptions

In exceptional circumstances where urgent legal advice is required, and the designated legal advisor is unavailable, alternative legal counsel may be sought.

7. Review

This policy will be reviewed periodically to ensure its effectiveness and relevance to the council's operations.

8. Effective Date

This policy is effective immediately upon approval by the Oondo Council.

Let me know if you would like me to make any changes or adjustments to this policy.