The office of Municipal Prosecutor is hereby created in and for the
Borough of Oceanport by and subject to the provisions of this article, and
the employment of a person to fill such office is hereby authorized.
The person appointed to the office of Municipal Prosecutor shall be
a duly licensed attorney in good standing of the State of New Jersey and shall
hold office for a term not exceeding one year or beyond December 31 of the
year of his or her appointment. However, if no replacement has been appointed
to fill the office after December 31 of the year of the appointment, said
person shall continue to serve until replaced or until his or her services
are terminated by vote of the governing body. The Mayor shall nominate and,
with the advice and consent of the Council, appoint the Municipal Prosecutor.
Such nomination shall be made at the annual organizational meeting of the
governing body. If the Mayor fails to nominate a person within 30 days of
the organizational meeting or the Council fails to confirm any nomination
made by the Mayor, then, after the expiration of said 30 days, the Council
shall appoint the Municipal Prosecutor. No appointment shall be made except
by vote of a majority of the members of the Council present at the meeting,
provided that at least three affirmative votes shall be required for such
purpose, the Mayor to have no vote thereon except in case of a tie. This procedure
for the appointment of a Municipal Prosecutor, upon the nomination by the
Mayor and confirmation by the Council, shall also apply in the event of a
vacancy in the office, with the Mayor being obligated to make a nomination
within 30 days from the date of the vacancy.
The Municipal Prosecutor shall receive such compensation as shall be
fixed from time to time by the Borough Council in a salary ordinance.
The person appointed to the office of the Municipal Prosecutor shall
represent the members of the Police Department of the Borough of Oceanport
in proceedings brought in the Municipal Court of the Borough of Oceanport
as may, from time to time, be required by the Chief of Police of the Borough
of Oceanport.