[1980 Code § 4-29]
There shall be a Department of Law, the Director of which shall be the Municipal Attorney. The Municipal Attorney shall be appointed by the Mayor, with the advice and consent of the Town Council, and shall serve during the term of office of the Mayor appointing him and until the appointment and qualification of his successor in accordance with Subsection
2-14.3. The Municipal Attorney shall receive such compensation as shall be provided by contractual agreement. Prior to his appointment, he shall have been duly admitted to the practice of law in this State for at least five years. He shall be permitted to engage in private practice.
[1980 Code § 4-30; Ord. No. O-9-84; Ord. No. O-8-92]
The Municipal Attorney shall be the legal advisor to the Mayor,
to the Town Council and to all departments, except as may be otherwise
provided by the Charter. The Municipal Attorney shall prosecute and
defend actions and proceedings by and against the Town and every department
thereof. In furtherance of these general powers and without limitation
thereto, the Municipal Attorney shall:
a. Advise the Council as to the form and sufficiency of all ordinances
and resolutions prior to their passage.
b. Review and approve all contracts, deeds, documents and instruments
prior to the execution thereof by or on behalf of the Town.
c. Conduct appeals from orders, decisions or judgments affecting any
interests of the Town as the Municipal Attorney may, in his discretion,
determine to be necessary or desirable or as directed by the Mayor
or Council.
d. Subject to the approval of Council, have power to enter into any
agreement, compromise or settlement of any litigation in which the
Town is involved.
e. Render opinions, in writing, upon any question of law submitted to
him by the Mayor, the Council, the Business Administrator, the Municipal
Clerk or the head of any department with respect to their official
powers and duties.
f. Maintain a record of all actions, suits, proceedings and matters
which relate to the Town's interest, and report thereon, as the Mayor
or Council may require.
g. Defend or provide for the defense at the request of any present or
former Town officer or employee any action brought against such officer
or employee (other than an action brought against such officer or
employee by the Town) for any act or omission arising out of or incidental
to the performance of the duties as an officer or employee of the
Town, provided, however, that such officer or employee shall first
execute a written agreement obligating the officer or employee to
reimburse the Town for all costs incurred in the defense of such action
in the event that (1) the Council (or other judicial or quasi-judicial
body) shall determine, and/or (2) the facts found in such action clearly
demonstrate that the act or omission at issue was done in the opinion
of the Town Council or other judicial or quasi-judicial body in bad
faith on the part of such officer or employee and/or outside the scope
of his employment.
h. Have such other and different functions, powers and duties as may
be provided by the Charter or ordinance.
[1980 Code § 4-31A]
If the Municipal Attorney believes the interests of the Town
require, he may appoint an Assistant Municipal Attorney, who shall
serve at the pleasure of the Municipal Attorney. Prior to his appointment,
any Assistant Municipal Attorney shall have been admitted to the practice
of law in the State of New Jersey for at least three years. He shall
receive such compensation as shall be provided by contractual agreement
subject to approval by the Town Council as required by the Local Public
Contracts Law. He shall be permitted to engage in private practice.
The Assistant Municipal Attorney shall assist the Municipal Attorney
in all of the duties of his office with respect to such matters as
should be assigned to him by the Municipal Attorney. The Assistant
Municipal Attorney shall, during the absence or disability of the
Municipal Attorney, possess all the powers and perform all the duties
of the Municipal Attorney, and, in the event of the death, disability
or resignation of the Municipal Attorney or of the occurrence of a
vacancy in the office for any other reason, the Assistant Municipal
Attorney shall act as Municipal Attorney until the office is duly
filled pursuant to the Charter.
[1980 Code § 4-31 B; Ord. No. O-2-08]
a. Appointment; qualifications; term. The Mayor shall, with the advice
and consent of the Town Council, appoint a Municipal Prosecutor. The
Municipal Prosecutor shall be an attorney-at-law of the State of New
Jersey in good standing. He shall have criminal law experience as
a County or Municipal Prosecutor, as a Public Defender or as a defense
attorney appearing in municipal or State courts. The Municipal Prosecutor
shall serve for a term of one year from the date of his appointment.
b. Duties. The Municipal Prosecutor shall represent the Town in the
prosecution of all offenses within the statutory jurisdiction of the
Municipal Court as defined by law, including municipal ordinances
and municipal code violations pertaining to zoning, land or property
use violations, property maintenance, building or construction. The
Municipal Prosecutor shall be responsible for handling all phases
of the prosecution of an offense.
c. Compensation. The Municipal Prosecutor shall be compensated at a
rate to be fixed by contract. He shall be permitted to engage in private
practice.
[1980 Code § 4-32]
All papers, documents, memoranda, reports and other materials
relating to the administration of the office of the Municipal Attorney
shall remain the property of the Town. Upon the termination of his
service with the Town, the Municipal Attorney shall promptly surrender
to his successor all such property, together with a written consent
to substitution of his successor in all legal actions and proceedings
then pending in which the Town is a party. Any Assistant Municipal
Attorney, special counsel and Municipal Prosecutor shall have a like
duty and obligation upon the termination of his service with the Town.