A.
There shall be a Department of Law, the head of which shall be the
Director of Law and the City's chief legal officer, to serve as the
Chief City Attorney and legal advisor for the City, who may be referred
to as the City's "Corporation Attorney." The Director shall be an
attorney at law licensed to practice law in New Jersey for a period
of not less than five years and shall be appointed by the Mayor with
the approval of the Council for a term of four years, but coterminous
with the term of the Mayor.
B.
Within the Department of Law, there shall be a legal assistant to
serve as Municipal Prosecutor for the City who shall, under the supervision
of the Attorney General or the County Prosecutor, represent the state,
county or municipality in any matter within the jurisdiction of the
Municipal Court in accordance with N.J.S.A. 2B:12-27. The Municipal
Prosecutor shall be licensed to practice law in New Jersey and shall
be appointed by the Director of Law in the unclassified service for
a term of two years, except that if the date of the expiration of
the term of Director of Law is less than two years from the date of
his or her appointment, then the term of such appointment shall expire
on the date of the expiration of the term of said Director, subject
to removal as provided by the Charter.
C.
Within the Department of Law, there shall be a legal assistant to
serve as Municipal Public Defender for the City. The Public Defender
shall be licensed to practice law in New Jersey and shall be appointed
by the Director of Law in the unclassified service for a term of one
year, except that if the date of the expiration of the term of the
Director of Law is less than one year from the date of his or her
appointment, then the term of such appointment shall expire on the
date of the expiration of the term of said Director, subject to removal
by the Director. The Public Defender shall represent those indigent
persons assigned to him or her by the Judge of the Municipal Court
in matters before the Rahway Municipal Court. In accordance with N.J.S.A.
2B:24-1 et seq., each person applying for representation by the Municipal
Public Defender shall pay an application fee of $50. The Municipal
Court may waive the required application fee, in whole or in part,
if the Court determines, in its discretion, that the application fee
represents an unreasonable burden on the person seeking representation.
D.
The Director of Law, Municipal Prosecutor and Public Defender may
engage in the private practice of law.
The duties of the Department of Law shall be to:
A.
Prosecute all complaints before the Municipal Court of the City when
requested to do so by the Municipal Judge.
B.
Advise and render legal services to the Mayor and Municipal Council
and all City officers, bodies, boards and agencies (except those bodies,
boards or agencies having retained their own Special Counsel) when
requested to do so.
C.
Prepare all contracts and other legal documents of the City in which
the City is interested when requested to do so.
D.
Attend meetings of the Council and all City bodies, boards and agencies
(except as aforesaid) when requested to do so.
E.
Prosecute and defend actions and proceedings by and against the City
or any of the City's officers, boards, bodies or agencies (except
as aforesaid) in all cases growing out of the City's official business,
except such cases or matters which are defended by attorneys provided
under the provisions of the City's insurance policy or policies.
F.
Prepare or approve as to form and legality all resolutions and ordinances
to be executed, passed or adopted by the Council.
G.
Review, upon the Council's request, all matters as to form and legality
requiring the Council's approval before the approval thereof.
H.
Perform such other legal duties as the Council or Mayor may designate.
If, by reason of disability or absence of the Director of Law, he or she is unable to perform his or her duties, then the Mayor may appoint any attorney at law of New Jersey as a temporary substitute to perform the duties of the disabled or absent incumbent, who shall serve during the pleasure of the Mayor until the absent or disabled incumbent returns to his or her duties or his or her office or position becomes vacant and another Director is duly appointed pursuant to § 5-23. During the period that such substitute shall perform the Director's duties, he or she shall receive from the City the same compensation that the absent or disabled incumbent would be entitled to, and the latter shall forfeit his or her own compensation during such period, except so much thereof to which he or she may be entitled for sick leave.
The Director of Law is hereby authorized, within available appropriations,
to employ such Special Counsel as he or she may deem necessary to
aid in the management or conduct of any proceedings in which the City
may be a party or be interested; and in connection with such proceedings
and within available appropriations, the Director of Law may, in his
or her discretion, employ or retain such expert or experts as he or
she may deem necessary for the proper conduct of said proceedings.
A.
The Municipal Prosecutor and Public Defender shall receive an annual
salary as provided by ordinance, payable in the same manner as other
City employees are paid.
B.
The Director of Law shall be entitled to reimbursement for actual
disbursement and expenses necessary for the proper discharge of his
or her duties, such as filing and recording fees, depositions, out-of-pocket
costs for title abstracts and other search costs and miscellaneous
costs and expenses; and he or she shall be entitled to compensation
for extraordinary, unusual or complicated duties or matters, including,
but not limited to, extensive and unusual legislative duties, protracted
litigation, cases on appeal, etc.
