[Amended 2-14-1974 by Ord. No. 74-1; 12-20-1993 by Ord. No. 93-19]
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, plus such fees and charges for litigation and negotiations,
plus such fees and charges as approved by the Council.
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]
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.
[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.