[Adopted 10-28-2009 by Ord. No. 2009-20]
The Borough Attorney shall be appointed annually by the Mayor
with the advice and consent of the Council for a term not to exceed
one year from the first day of January of the year of his or her appointment
and until his or her successor has been appointed and qualified. He
or she shall be an attorney at law of New Jersey but need not be a
resident of the Borough. The Attorney shall receive a fixed salary
as set forth in the Salary Ordinance[1] for his or her attendance at the organizational meeting
of the governing body. The Borough Attorney shall also be paid pursuant
to a professional services contract that shall be executed annually.
The professional services contract shall set the hourly rate of compensation
for the Borough Attorney, and shall provide for the payment of the
ordinary and necessary costs associated with the Borough Attorney's
representation of the Borough.
The Borough Attorney shall represent the Borough in all legal
matters and shall advise and assist the Mayor, Council, the Borough
Administrator and the departments as required in the administration
of Borough government. He or she shall attend meetings of the Council,
draft ordinances and resolutions and give opinions and rulings on
questions of law which may arise at Council meetings. He or she shall
prepare or approve all legal instruments relating to the business
of the Borough. He or she shall represent the Borough in any litigation
and conduct trials, appeals and other proceedings affecting the interest
of the Borough as he or she may in his or her discretion determine
to be necessary or desirable, subject to the approval of the Mayor
and Council.
The Borough Attorney shall also:
A.
Maintain records of all actions, suits, proceedings and matters which
relate to the Borough's interest and report thereon from time to time
as the Mayor or Council may require.
B.
Have power to enter into any agreement, compromise or settlement
or any litigation in which the Borough is involved, subject to the
prior approval of the Mayor and Council.
