There shall be a Department of Law, the head of which shall be the Borough Attorney, who is hereby designated as the Municipal Attorney and who shall perform the duties set forth in this Section to protect the interests of the Borough. Except where there exists a conflict of interest or a need for the services of special counsel, the Borough Attorney 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 as more particularly set forth at length hereinafter. The Mayor, with the advice and consent of the Council, shall appoint the Borough Attorney to a one-year term. The Borough Attorney shall be an attorney-at-law authorized to practice in the State of New Jersey. Such attorney shall be paid a fixed salary established by ordinance and receive additional compensation for services performed beyond the duties set forth in §
3-41. For the fixed salary, the Borough Attorney shall be required to perform the powers and duties specified in §
3-41.
All work performed by the Borough Attorney outside the scope of the services set forth in §
3-41, including but not limited to services as counsel in litigation, appeals, administrative or condemnation proceedings, tax appeals, labor negotiations and related matters, economic development meetings and the preparation of documents relating thereto, special meetings as requested by the Mayor and/or Council and other extraordinary services as shall be authorized by the Mayor and Council. Payment of the nonsalaried services of the Borough Attorney shall require the submission of reasonable bills for such services provided, supported by pertinent vouchers.
The Borough Attorney or any other special counsel
representing the Borough shall be reimbursed by the Borough for disbursements
made and expenses incurred in the performance of his duties within
the limitations of the individual contract with the Borough.
No warrants shall be issued for the payment
of any money from the Borough Treasury in any matter where a deed
is necessary or under any contract to which the Borough is a party
unless the Borough Attorney shall have endorsed thereon, in writing,
his approval as to form and legality, together with a statement of
any liens or encumbrances affecting the transaction.
The Borough Attorney shall not, without approval
of the Mayor and Council by resolution, be empowered to compromise,
settle or adjust any rights, claims, demands or causes of action in
favor of or against the Borough, nor to permit, offer or confess judgment
against the Borough, nor to accept any offer or judgment in favor
of the Borough, provided that this section shall not operate to limit
or abridge the discretion of the Borough Attorney in regard to the
proper conduct of the trial of any action or proceeding or deprive
him of the powers and privileges ordinarily exercised in judicial
proceedings by counsel acting for private clients.
Whenever the Borough Attorney deems the interests
of the Borough so require, he may, within the limits of available
appropriations, appoint special counsel to assist in the preparation,
trial or argument of such legal matters or proceedings as he may determine.
If the Borough Attorney should be disqualified with respect to any
matter or determine that there exists a need for the services of special
counsel who has an area of expertise, the Mayor and Council may appoint
special counsel with the approval of the Borough Council to represent
the Borough for and with respect to such matter.
The Borough Attorney shall not be responsible
for the prosecution of such crimes and offenses as are required by
law to be prosecuted by the Municipal or County Prosecutor. The Borough
Attorney, or such attorney as he may designate, shall conduct prosecutions
from crimes and offenses cognizable by the Municipal Court of the
Borough of Highland Park, including violations of ordinances of the
Borough, complaints of any department under state law and violations
of rules and regulations duly promulgated by any department.
Upon his retirement, resignation or removal,
the Borough Attorney shall surrender forthwith, to the several Borough
officers charged with the custody thereof, all deeds, leases, conveyances,
obligations, bonds, contracts, agreements, reports and all other papers
belonging to the Borough and shall deliver to the successor in office
all legal papers and documents relating to the business of the Borough,
together with a written consent of substitution of his successor in
all actions then pending and undetermined in which the Borough is
a party.