[HISTORY: Adopted by the Board of Commissioners of the Town of West New York as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Municipal Court — See Ch. 24.
Officers and employees — See Ch. 69.
Salaries and compensation — See Ch. 93.
[Adopted 2-20-2013 by Ord. No. 1/13[1]]
[1]
Editor's Note: This ordinance also superseded former Ch. 56, Law Department, Art. I, Creation and Composition, adopted 3-21-2012 by Ord. No. 4/12, as amended.
WHEREAS the Board of Commissioners of the Town of West New York deems it necessary for the official conduct of the affairs of the Town of West New York that the Town shall have a Law Department consisting of a Town Attorney, an Assistant Town Attorney; a Staff Attorney; two legal assistants; and a Chief of Administrative Services; and
WHEREAS, the Board of Commissioners of the Town of West New York deems that, in order to be in compliance with the affairs of the Town, an amendment to the ordinance creating the Law Department in the Town of West New York is beneficial to the public welfare:
[Amended 4-16-2014 by Ord. No. 1/14]
The Corporation Counsel shall be the attorney of record in all proceedings wherein the Town or any of its officers, boards, bodies or commissioners shall be a party growing out of their official position or duties. The Corporation Counsel shall advise all Town officials, Town bodies and personnel as to all matters relating to Town government, when requested to do so, except for the Planning Board and Zoning Board of Adjustment, and shall supervise the execution, preparation and enforcement of all contracts, deeds, documents, statutes, ordinances, resolutions or legal correspondence. The Corporation Counsel, or designee, shall prosecute and defend all legal matters for or against the Town, or any of its officials, departments, employees or personnel and, in general, shall be counsel for the entire Town as well as all of its officials, departments, employees and personnel, except for the Planning Board and Zoning Board of Adjustment. Nothing herein shall preclude the appointment of special counsel as from time to time may be deemed to be in the best interests of the Town.
[Amended 4-16-2014 by Ord. No. 1/14]
Before any deed, contract or other document or any compact agreement, ordinance, resolution or other document or matter having legal consequences shall be considered, the same shall be submitted to the Corporation Counsel for his/her opinion as to legality and legal form, and (s)he shall endorse thereon or communicate with respect thereto his/her opinion as to the legality and form of the document or matter.
[Amended 4-16-2014 by Ord. No. 1/14]
The Corporation Counsel shall report to the department to which (s)he is assigned and shall prepare a report, if requested by the Board of Commissioners as a whole.
[Amended 4-16-2014 by Ord. No. 1/14[1]]
The Corporation Counsel shall be compensated through a contract with the law firm with which (s)he is associated in accordance with an agreement for such fees as shall be approved by the Board of Commissioners. The law firm shall be compensated by the Town for services rendered and reimbursed by the Town for disbursements made and expenses incurred, within the limits of available appropriations. There shall be no charge for attendance by the Corporation Counsel, or designee, at regularly scheduled meetings of the Board of Commissioners.
[1]
Editor's Note: The inclusion of this ordinance also redesignated former § 56-7 as § 56-8.
There is also created in said Law Department the position of Tax Attorney, who shall be nominated on a yearly basis, through a fair and open procurement process pursuant to N.J.S.A. 19:44A-20 et seq., and who shall perform the duties of Tax Attorney, under the supervision of the Town Attorney. The Tax Attorney shall represent the Town of West New York, New Jersey, in all tax matters on all appeal levels, as well as consulting and advising on all tax matters, proceedings, revaluations, policies, problems and programs, including tax sales and tax foreclosures, and shall perform such other duties as are required by the Law Department in case of need. Extraordinary matters, not within the normal scope of the above Tax Attorney duties, shall be by special additional assignment, on prior authorization by resolution, according to law.
[Amended 7-15-2015 by Ord. No. 11/15; 10-21-2015 by Ord. No. 17/15]
All powers and duties relating to the Law Department are hereby assigned to and distributed in the Department of Revenue and Finance.
There is also created in said Law Department the positions of Municipal Prosecutor, Alternate Municipal Prosecutor, and Special Session Prosecutor. The Municipal Prosecutor shall likewise be appointed for a one-year term by the head of the municipal department to which the Law Department is assigned and who shall perform the duties of Municipal Prosecutor and shall prosecute all matters before the Municipal Court of the Town of West New York and shall perform such other duties as are required by the Law Department in case of need. The Alternate Municipal Prosecutor and Special Session Prosecutor shall be selected under a fair and open process pursuant to N.J.S.A. 19:44A-20 et seq., for a one-year term and shall assist the Municipal Prosecutor in the duties of the Office by attending one or more sessions during the work week and shall be the only Prosecutor to fill in for the Municipal Prosecutor on an as-needed basis. The Special Session Prosecutor shall be assigned to cover sessions when the Municipal Prosecutor and the Alternate Prosecutor shall be unavailable to perform their duties. The salary of the Municipal Prosecutor shall be in accordance with the salary ordinance. The compensation for the Alternate Prosecutor and the Special Session Prosecutor shall be fixed by resolution of the governing body.
There is also created in said Law Department the position of Municipal Public Defender and Alternate Municipal Public Defender. Both positions shall be assigned after a fair and open process pursuant to N.J.S.A. 19:44A-20 et seq. The Alternate Public Defender is assigned to perform the duties of Municipal Public Defender and shall defend all eligible matters before the Municipal Court of the Town of West New York. Both Public Defenders shall make every reasonable effort to collect the allowable fees from legible defendants. The Alternate Municipal Public Defender shall assist the Municipal Public Defender in the duties of the office by attending one or more sessions during the work week and shall be the only Public Defender to fill in for the Municipal Public Defender on an as-needed basis. There shall be one additional Special Session Public Defender who shall be assigned under an open and fair process pursuant to N.J.S.A. 19:44A-20 et seq., to cover sessions when the Municipal Public Defender and the Alternate Public Defender shall be unavailable to perform their duties. The compensation of the Municipal Public Defender, the Alternate Municipal Public Defender and the Special Session Municipal Public Defender shall be in accordance with the professional contract exception to the Local Public Contract Law, N.J.S.A. 40A:11-5(1).
[Adopted 2-15-2012 by Ord. No. 1/12]
WHEREAS the Mayor and the Board of Commissioners deem the creation of a Chief of Administrative Services beneficial to the public welfare and necessary for the efficient conduct and administration of the Town of West New York; and
WHEREAS, in order to ensure coordination between all departments, the Chief of Administrative Services shall be a member of the Law Department:
The said Chief of Administrative Services shall be appointed by the Director of the Department of Public Safety and shall be in the Law Department.
The term of the position of the Chief of Administrative Services shall be for one year.
A. 
The Chief of Administrative Services shall be under the authority and direction of the Mayor. Whenever appropriate, the establishment of labor procedures shall be approved by the governing body by resolution.
B. 
The Chief of Administrative Services shall perform such duties as deemed necessary by the Mayor or governing body for the efficient operation of the Town, including but not limited to: supervising work pertaining to the operation of the Town; developing work programs and working procedures that effectively use the labor resources in the Town; making and executing plans for the effective utilization of personnel; direction and supervision of the operations of the five departments within the Town; evaluating the performance of department personnel; providing for staff training; providing guidance to department personnel regarding goals and objectives; developing and implementing policies and procedures concerning the operation of the Town and employees; conferring with department staff, the governing body and other interdepartmental personnel on operational and administrative issues and helping to develop and implement policies and solutions to the same; performing general administrative work as required, including preparing reports and correspondence; establishing office support procedures and implementing changes as necessary pertinent to office services; managing, coordinating and directing ancillary support services and other related services through delegation to subordinate supervisory personnel; and overseeing the relocation of offices and/or personnel.
The salary range of the Chief of Administrative Services shall be $30,000 to $70,000. Such salary shall be separate and apart from any other position that the Chief Administrator may hold within the Town and upon termination or resignation shall cease.
The position of Chief of Administrative Services of the Town of West New York shall be assigned to the Department of Public Safety, Department of Law. Chapter 56 of the Code is hereby amended to include the position of Chief of Administrative Services.