Borough of Red Bank, NJ Article XVII Municipal Attorney

[Adopted 9-28-2016 by Ord. No. 2016-21]

§ 90-69 Created.

There is hereby created the position of Municipal Attorney.

§ 90-70 Appointment and term of office.

[Amended 10-12-2023 by Ord. No. NP2023-16]

Pursuant to N.J.S.A. 40A:9-139, the Municipal Attorney shall be appointed by the Borough Council, and shall serve a term of office of one year commencing on January 1 of the year of appointment and ending on December 31, or until a successor shall be appointed and qualified.

§ 90-71 Qualifications.

The Municipal Attorney shall be a duly licensed attorney-at-law of the State of New Jersey.

§ 90-72 Duties.

The duties of the Municipal Attorney shall be as follows:

A. The Municipal Attorney shall represent the Borough in all legal matters and shall advise and assist the Mayor, the Council, and various department and division directors as may be required. The Municipal Attorney 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. The Municipal Attorney shall prepare or approve all legal instruments relating to the business of the Borough and shall represent the Borough in any litigation and conduct trials, appeals and other proceedings in which the Borough is interested as the attorney may, in his or her discretion, determine to be necessary or desirable, or as directed by the Mayor or Council;

B. The Municipal Attorney shall have the power to enter into any agreement, compromise or settlement of any litigation in which the Borough is involved, subject to the approval of Council;

C. Wherever he or she deems the interest of the Borough so to require, the Municipal Attorney may, with the approval of the Mayor and within the limits of available appropriations, appoint special counsel to assist the Municipal Attorney in the handling of any legal matter. If the Municipal Attorney should be disqualified with respect to any matter, the Mayor may, with the approval of the Council, appoint special legal counsel to represent the Borough for and with respect to such matter;

D. The Municipal Attorney may designate another Attorney from their office, who shall be a duly licensed attorney-at-law of the State of New Jersey, to assist the Municipal Attorney in the handling of the aforementioned duties at the Municipal Attorney's request, or whenever the Municipal Attorney is temporarily unable to fulfill their role.