There is hereby created and established in the government of
the City of Hoboken the office of the Corporation Counsel. The Corporation
Counsel, either an individual or a law firm duly licensed to practice
law in the State of New Jersey, shall be appointed by the Mayor. The
Corporation Counsel shall be compensated either with an annual salary
or on a fixed-fee basis or at an hourly rate and based upon actual
time and expenses, within the budgetary constraints established by
Council. The Corporation Counsel shall be permitted to maintain a
private law practice, provided that the appointment as Corporation
Counsel shall be given priority over private practice at all times
without exception, so that there shall be no conflicts with the obligations
as Corporation Counsel.
The Mayor may appoint such Assistant Corporation Counsels, paralegals,
law clerks, legal interns and clerical personnel, full-time and part-time,
as may be required to assist the Corporation Counsel in the fulfillment
of required duties and responsibilities, within the budgetary constraints
established by the Council. Such Assistant Corporation Counsels shall
be permitted to maintain private law practices, provided that the
appointment as Assistant Corporation Counsel shall be given priority
over private practice at all times without exception, so that there
shall be no conflicts with the obligations as Assistant Corporation
Counsel.
Nothing contained in this chapter shall be construed to prevent
the Mayor, with the advice and consent of the Council, from engaging
special counsel to undertake the conduct of any particular causes
or other particular matter.
Whenever the Corporation Counsel provides for the defense of
an employee, the Corporation Counsel may assume exclusive control
over the employee's defense, and the employee shall cooperate fully
with the Corporation Counsel's defense.
[Added 5-1-2024 by Ord. No. B-660]
A. Corporation Counsel, or his or her designee, shall have the authority
to settle any and all pending workers' compensation litigation
or tort claims in which the City's financial liability is equal
to or less than $21,500, so long as the majority of the City's
Corporation Counsel, Business Administrator, and Mayor agree in writing
that the settlement is in the best interest of the City.
B. In any instance where a majority, as described above, does not agree
in writing that the settlement is in the best interest of the City,
in order to enter into the settlement, formal action of the City Council
authorizing the settlement shall be required, regardless of the amount
in controversy or the City's financial liability upon settlement.