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Borough of Wallington, NJ
Bergen County
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Table of Contents
Table of Contents
Code
New Laws (23) Index Notes (2)
[Adopted 5-13-1970 as Sec. 2-14 of the 1970 Revised General Ordinances (Ch. 71, Art. II, of the 1992 Code)]
[Amended 2-14-1974 by Ord. No. 74-1; 12-20-1993 by Ord. No. 93-19[1]]
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. The appointee need not be a resident of the Borough but must reside in the State of New Jersey as provided for in N.J.S.A. 52:14-7. In lieu of appointing an individual attorney, the Council may appoint a firm of attorneys, all members of which shall be attorneys at law of New Jersey. The Attorney shall receive a fixed salary as set by the Salary Ordinance,[2] plus such fees and charges for litigation and negotiations, plus such fees and charges as approved by the Council.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: The Salary Ordinance is on file at the Borough Clerk's office, where it is available for inspection.
The Borough Attorney shall have such powers and perform such duties as are provided by general law or ordinances of the Borough. He shall represent the Borough in all judicial and administrative proceedings in which the Borough or any of its officers or agencies may be a party or have an interest. He shall give all legal counsel and advice where required by the Council or any member thereof and shall, in general, serve as the legal adviser to the Council on all matters of Borough business. In furtherance of such general powers and duties, but without limitation thereto, 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 Council, conduct appeals from orders, decisions or judgments affecting any interest of the Borough which he may, in his discretion, determine to be necessary or desirable or as directed by the Council.
C. 
Subject to the approval of the 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, on any question of law submitted to him by the Council or any member thereof with respect to its official powers and duties, and perform such duties which may be necessary to provide legal counsel to the 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.
[Added 2-13-1975 by Ord. No. 75-4[1]]
In addition to the Borough Attorney and Borough Prosecutor, there shall be appointed by the Mayor, with the advice and consent of the Council, a Borough Public Defender, who shall serve in the Municipal Court of the Borough of Wallington, pursuant to N.J.S.A. 2B:24-1 et seq.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Added 2-14-1974 by Ord. No. 74-1]
A. 
In addition to the Borough Attorney, the Mayor, with the advice and consent of the Borough Council, shall appoint a Borough Prosecutor, who shall attend the regular sessions of the Municipal Court of the Borough of Wallington and shall prosecute all cases on behalf of the Police Department of the Borough and on behalf of all Borough officials or other persons who have brought complaints to be heard in the Municipal Court.
B. 
The Borough Prosecutor shall be an attorney at law of the State of New Jersey, shall not be required to be a resident of the Borough and shall be paid such compensation as the governing body of the Borough may from time to time establish by appropriate ordinance.