The Borough Attorney shall be appointed by the Mayor with the
advice and consent of the Council for a term of one year. He shall
be an attorney at law of New Jersey but need not be a resident of
the Borough. In lieu of appointment of an individual attorney, the
Mayor may, with the advice and consent of the Council, appoint a firm
of attorneys, all members of which shall be attorneys at law of New
Jersey.
The Borough Attorney shall have such powers and perform such
duties as are provided for the office of a borough attorney by general
law or ordinance of the Borough. He shall represent the Borough in
all judicial and administrative proceedings in which the Borough or
any of its offices or agencies may be a party or have an interest.
He shall give legal counsel and advice when required by the Mayor
and Council or any member thereof and shall, in general, serve as
the legal advisor to the Mayor and Council on all matters of Borough
business. In furtherance of the general powers granted in this section,
but not by way of limitation, the Borough Attorney shall:
A.
Draft or approve as to form and sufficiency all legal documents,
contracts, deeds, ordinances and resolutions made, executed or adopted
by or on behalf of the Borough.
B.
With the approval of the Mayor and Council, conduct such appeals
from orders, decisions or judgments affecting any interest of the
Borough as he may in his discretion determine to be necessary or desirable
or as directed by the Mayor and Council.
C.
Subject to the approval of the Borough Council, have the power to
enter into any agreement, compromise or settlement of any litigation
in which the Borough is involved.
D.
Render opinions in writing upon any question of law submitted to
him by the Mayor and Council or any member thereof with respect to
their official powers and duties, and perform such duties as may be
necessary to provide legal counsel to the Mayor and Council in the
administration of municipal affairs.
E.
Supervise and direct the work of such additional attorneys and technical
and professional assistants as the Council may authorize for special
or regular employment in or for the Borough.
A.
The Borough Attorney shall be compensated as provided by annual contract
with the Borough in accordance with the provisions of the Local Public
Contracts Law (N.J.S.A. 40A:11-1 et seq.).
B.
The annual contract shall specify those duties of the Borough Attorney
which shall be covered by the annual retainer and those which shall
be performed on a fee basis.
All original copies of papers, documents, memoranda, reports
and all other materials relating to the administration of the legal
duties of the Attorney shall be and remain the property of the Borough.
Upon the termination of his services with the Borough, the Attorney
shall forthwith surrender to any successor all such property at no
cost, together with a written consent to the substitution of any successor
in all legal actions and proceedings then pending to which the Borough
is a party.
A.
Appointment; term; retainer. The Municipal Prosecutor shall be appointed
by the Mayor with the advice and consent of the Council for a term
of one year. He shall be an attorney at law of New Jersey but need
not be a resident of the Borough. In lieu of appointment of an individual
attorney, the Mayor may, with the advice and consent of the Council,
appoint a firm of attorneys, all members of which shall be attorneys
at law of New Jersey. The Municipal Prosecutor shall be paid either
a fixed annual salary, as provided by the annual Salary Ordinance,
or a retainer, in the discretion of the Borough Council.
B.
Powers and duties. The Municipal Prosecutor shall represent the State
of New Jersey and the Borough in any proceeding before the Westville
Municipal Court and any appeals from the Westville Municipal Court
to the Gloucester County Court concerning violations of Borough ordinances.
He shall give legal counsel and advice when required by the Westville
Police Department. He shall perform his duties under the supervision
and control of the Borough Attorney.
