[Adopted 2-2-1984 by Ord. No. 480 (Ch. 16A of the 1970 Code)]
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.[1]
[1]
Editor's Note: Original § 16A-2B, regarding the person nominated to serve as Municipal Prosecutor until December 31, 1984, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The Municipal Prosecutor shall receive such compensation as shall be fixed from time to time by the Borough Council in a salary ordinance.[1]
[1]
Editor's Note: The current salary ordinance is on file in the Borough office.
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.