[Adopted 12-26-1975 by Ord. No. 700 as § 2-2 of the 1975 Revised General Ordinances (Ch. 7 of the 1986 Code); amended in its entirety 12-20-2022 by Ord. No. 2022-23]
A. 
There shall be a Borough Attorney, pursuant to N.J.S.A. 40A:9-139 et seq., who shall be appointed by the Mayor with the advice and consent of the Council for a term of one year from January 1 to December 31. Filling a vacancy shall be for the remainder of the unexpired term. The Borough Attorney shall be admitted to practice law in the State of New Jersey but need not be a resident of the Borough. The Borough Attorney shall be authorized to utilize lawyers and employees of the Borough Attorney's law firm in the performance of the duties of the office of Borough Attorney.
B. 
The Borough Attorney or the Borough Attorney's law firm shall be paid such retainer, fees, and compensation for services rendered as may be agreed upon and authorized by the Mayor and Borough Council. Said retainer, fees, and compensation shall be paid upon submission of a claim in accordance with the Borough's policies and procedures for payment of claims.
The Borough Attorney shall have such powers and perform such duties as are provided for the office of Borough Attorney by state law or ordinances of the Borough. In furtherance of such general powers and duties, but without limitation thereto, the Borough Attorney shall:
A. 
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.
B. 
Provide legal counsel and advice where required by the Mayor and Council or any member thereof and shall, in general, serve as the legal advisor to the Mayor and Council on all matters of Borough business.
C. 
Provide legal counsel and advice where required by the officers and employees of the Borough and shall serve as the general counsel of the Borough as a municipal corporation.
D. 
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.
E. 
With the approval of the Mayor and Council, conduct appeals from orders, decisions or judgments affecting any interest of the Borough, as he may in his discretion determine to be necessary or desirable or as directed by the Mayor and Council.
F. 
Subject to the approval of the Borough Mayor and Council, have power to enter into any agreement, compromise or settlement of any litigation in which the Borough is involved.
G. 
Render opinions, in writing, upon any question of law submitted to him by a majority of the Mayor and Council with respect to their official powers and duties and perform such duties as may be necessary to provide legal counsel to the Mayor and Council in the administration of municipal affairs.
H. 
Coordinate and monitor the work and activities of any special counsel retained by the Mayor and Council and of any counsel assigned by the Borough's insurance carrier in response to litigation.
The Mayor and Council may appoint any such attorneys and law firms as may be required to serve as special counsel to the Borough to provide for the legal counsel needs of the Borough and respond to any matters to which the Borough or its officers and employees become a party. Any and all attorneys providing special counsel services shall be admitted to practice law in the State of New Jersey. The Special Counsel or the Special Counsel's law firm shall be paid such retainer, fees, and compensation for services rendered as may be agreed upon and authorized by the Mayor and Council. Said retainer, fees, and compensation shall be paid upon submission of a claim in accordance with the Borough' s policies and procedures for payment of claims.