[G.O. No. 994, § 3; G.O. No. 1662, § 1]
There shall be a Department of Law, the head of which shall
be the Town Attorney. The Town Attorney shall be an attorney-at-law
of the State and be appointed by the Mayor with the consent of the
Town Council for a term of up to three years.
[G.O. No. 994, § 3; G.O. No. 1635, § V;
G.O. No. 1662, § 1]
The Town Attorney, in addition to such other functions, powers
and duties as may be otherwise delegated to the attorney by the Charter
and ordinances adopted or to be adopted at direction of the Mayor,
Town Council or Town Administrator, shall perform the following duties:
(a) Ordinary duties.
(1) The attorney shall be the legal advisor of the Town government.
(2) The attorney shall advise the Mayor, Town Council, Town Administrator
and other committees, boards, commissions or other bodies established
by statute, this Code or other ordinances as part of the municipal
organization (except the Board of Health and the Westfield Municipal
Library which are dealt with elsewhere), on any and all legal matters
relating to the Town government.
(3) The attorney shall attend all meetings of the Town Council either
regular or special and all conferences of the Town Council as requested.
(4) The attorney shall prepare or supervise the preparation and approve
all ordinances and resolutions as may be required of the attorney.
(5) The attorney shall prepare or supervise the preparation of all contracts,
deeds and documents, except for those that are unusually complex or
lengthy, required by the Town Council and Town Administrator. The
attorney shall conduct such correspondence in connection therewith
as may be necessary to advance such matters or as may be requested
by the Town Council and Town Administrator.
(b) Extraordinary duties. The attorney shall:
(1) Conduct the purchase and sale of interest in real property including
land exchanges.
(3) Prosecute cases before the Municipal Court to enforce the Town Code,
housing code, or zoning ordinance.
(4) Represent the Board of Health or library on special projects requiring
representation.
(5) Prepare or deal with complex or lengthy contracts and ordinances.
(6) Conduct arbitration where the Town or its boards, employees, commissions
or other bodies are a party.
(7) Conduct litigation in the courts or appearance before state agencies
where the Town or any department, officer, or employee thereof, shall
be a party by virtue of official relationship, where the attorney
shall be attorney of record, except claims defended by special counsel
or counsel furnished by insurers. No affirmative legal action as a
plaintiff or appellant shall be instituted without prior approval
by Town Council.
(8) Conduct real property tax appeals at all levels.
(9) Deal with disputes requiring communication or negotiation with opposing
counsel.
(10)
Represent the department heads in disciplinary hearings.
(11)
Deal with insurance representation issues.
(12)
Deal with any and all other special projects not included under
ordinary duties and assigned by the Mayor, Town Council as a whole,
or the Town Administrator.
[G.O. No. 994, § 3; G.O. No. 1635, § VI;
G.O. No. 1662, § 1]
The Town Attorney shall receive an annual salary fixed by the Town Council for the performance of the ordinary duties described above in Section
2-81. Said attorney shall receive additional compensation on an hourly fee basis at a rate set from time to time by the Town Council for extraordinary duties as described in Section
2-81 beyond the scope of the ordinary duties of such position.
[G.O. No. 994, § 3; G.O. No. 1662, § 1]
The Town Attorney shall have the power with the approval of
the Mayor and Town Council and within the limits of available appropriations,
to engage such additional or specialized counsel to aid in the performance
of the functions of the department and in the preparation, trial or
appeal of such cases or proceedings of importance in which the Town
may be a party or be interested as he may deem necessary. The Town
Council may engage such additional or specialized counsel as it deems
necessary.
[G.O. No. 994, § 3; G.O. No. 1662, § 1]
The Town Attorney shall not without the approval of Town Council,
be empowered to compromise, settle or adjust any rights, claims or
demands or causes of action in favor of or against the Town, nor to
permit, offer or confess judgment against the Town, nor to accept
any offer or judgment in favor of the Town; provided that this section
shall not operate to limit or abridge the discretion of the Town Attorney
in regard to the proper conduct of trial on any action or proceeding
or to deprive the Town Attorney of the powers and privileges ordinarily
exercised in judicial proceedings by counsel acting for private clients.
[G.O. No. 994, § 3; G.O. No. 1662, § 1; Ord. No. 1679, § I]
There shall be a Municipal Prosecutor of the Town. The Municipal
Prosecutor, who shall be an attorney-at-law of the State, shall be
under the supervision of the Attorney General or County Prosecutor,
who may represent the State, County, or Town in any matter within
the jurisdiction of the central Municipal Court or any other Municipal
Court. The Municipal Prosecutor shall be appointed by the Mayor with
the consent of the Town Council for a term of one year and shall receive
such annual compensation as shall be provided in the salary ordinance.
[G.O. No. 994, § 3; G.O. No. 1662, § 1]
The Municipal Prosecutor shall appear on behalf of the Town
on all matters before the judge of the Municipal Court when the public
interest requires and on all cases and appeals involving the violation
of a municipal ordinance and in such other and different matters as
may be required by the rules of the State Supreme Court. When the
validity of an ordinance is questioned, the Municipal Prosecutor shall
advise the Town Attorney and shall be subject to the directions of
the Town Attorney.
[G.O. No. 1115, § 1; G.O. No. 1624, § I;
G.O. No. 1662, § 1; G.O. No. 1691, § I]
(a) There shall be a Public Defender of the Town, who shall represent
such indigent defendants before the Municipal Court of the Town as
shall be assigned to him by the Town Magistrate in the exercise of
the Magistrate's inherent discretion to assign free counsel to indigent
defendants whenever justice so requires. The Public Defender shall
be an attorney at law of the State, shall be appointed by the Mayor,
with the consent of the Council, for a term of one year and shall
receive such fixed compensation as shall be provided by the salary
ordinance.
(b) A person applying for representation by the Public Defender shall
pay an application fee of $200. The municipal Magistrate may waive
this required application fee, in whole or in part, if the Magistrate
determines in his discretion that the application fee represents an
unreasonable burden on the person seeking representation.
[G.O. No. 1245, § I; G.O. No. 1662, § 1]
There shall be a Labor Attorney of the Town of Westfield who
shall represent the Town in all matters concerning labor negotiations,
contract preparation, litigation involving labor or personnel relations,
and other related legal matters and such additional matters in the
field of labor relations, employees and personnel as shall be assigned
to the Labor Attorney by the Town Attorney or Town Administrator.
The Town Labor Attorney shall be an attorney-at-law of the State of
New Jersey, shall be appointed by the Mayor with the consent of the
Town Council for a term of one year and shall receive such fixed annual
compensation as shall be provided by the annual salary ordinance.