Borough of Highland Park, NJ Department of Law

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.

§ 3-41 Powers and duties of Borough Attorney.

Advise the Mayor and/or Council or other department heads and statutory officials, when requested, upon all legal questions arising in the conduct of the Borough's business.

Prepare and revise all ordinances of the Code when so requested by the Mayor and/or Council.

Prepare or draft and revise all resolutions when so requested by the Mayor and/or Council.

Render opinions on legal matters or questions of law submitted by the Mayor and/or the Council, or other department heads or statutory officials, orally or in writing.

Prepare, draft and approve as to form and sufficiency all legal documents, instruments, contracts and deeds to which the Borough is a party, including such instruments and agreements with other municipalities, and approve also as to form all bonds required to be submitted to the Borough.

Attend Council meetings, conference, regular and special, for the purpose of giving the Mayor and/or Council any legal advice requested.

Attend and advise the Mayor and Council or any designated officer of the Borough in the opening and awarding of public bids.

Supervise and direct all work of special attorneys and technical and professional assistants as the Mayor and/or Council may authorize for special or regular employment in the Department of Law.

Staff the Department of Law office at Borough Hall as is necessary to perform the job effectively.

Perform all legal services necessary to assist any special counsel hired for purposes of bond issues.

Perform all the necessary legal services in connection with all real estate transactions involving the Borough, except for tax lien foreclosure and condemnation proceedings.

Prepare and prosecute disciplinary proceedings against personnel of the Borough.

Make reports.

(1)

Immediately report to the Mayor, Council and Borough Administrator the outcome of any litigation in which the Borough has an interest.

(2)

Make an annual report to the Mayor, Council and Borough Administrator by the first regular meeting of the year, providing the status of all pending litigation in which the Borough has an interest.

Keep records and papers.

(1)

Keep a complete record of all actions, suits, proceedings and other matters in which the Borough had or has an interest, giving the names of all the parties, the court where brought, the nature of the action, the status or disposition of the case, if pending, and the briefs of counsel which relate to the Borough's interest, and report thereon from time to time as the Mayor and/or Council may require.

(2)

Keep a complete record of all written opinions furnished by the Borough Attorney and of all certifications or abstracts of titles furnished to the Borough or any departments or officials thereof.

Have such other and different functions, powers and duties as may be provided by Charter or these Revised General Ordinances, including this chapter, or other ordinances of the Borough.

§ 3-42 Nonsalaried services of Borough Attorney.

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.

§ 3-43 Reimbursement for expenses.

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.

§ 3-44 Approval of deeds and contracts.

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.

§ 3-45 Limitation on power in compromise.

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.

§ 3-46 Appointment of special counsel.

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.

§ 3-47 Conduct of prosecution by Borough Attorney.

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.

§ 3-48 Duties upon leaving office.

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.