City of Plainfield, NJ Corporation Counsel (In House)

As provided by Charter, Section 4.7, there shall be a Corporation Counsel, who shall be appointed by the Mayor with the advice and consent of the Council. S/he shall serve during the term of office of the Mayor appointing him/her and until the appointment and qualification of his/her successor.

(b)

The Mayor, in his discretion, may remove the Corporation Counsel whenever the Mayor deems that the public interest so requires. Such removal shall take effect twenty (20) days after the Mayor files notices of removal with the Clerk and makes service on the individual by personal service or certified mail, return receipt requested to the individual's last known address. Unless prior thereto the Council shall at a regular or special meeting disapprove of such removal by resolution adopted by the affirmative vote of two-thirds (2/3) of the entire membership. In the event of such resolution of disapproval, the Corporation Counsel shall be restored to his/her office without loss of pay.

§ 2:4-2 Corporation Counsel; powers and duties.

The Corporation Counsel shall be the chief legal advisor to the City of Plainfield.. S/he shall be, subject to the provisions of Sections 2:4-3, 2:4-4 and 2:4-5, prosecute and defend all legal or equitable actions or proceedings in any court in which the City or any office thereof may be a party. S/he shall draft ordinance, resolutions, legislative bills and other documents and agreements required by the City of Plainfield. S/he shall advise the administrative departments, boards and commissions of the City other than the Planning Board and the Board of Adjustment (which are authorized and required to appoint separate counsel) as to all legal matters within their jurisdiction.

§ 2:4-3 Assistant Corporation Counsels.

The Corporation Counsel may with the written approval of the Mayor and the advice and consent of the Council, appoint bond counsel, and two (2) Assistant Corporation Counsels, to serve at his/her pleasure. The first assistant shall be designated as City Solicitor and the second assistant as City Prosecutor. In the event of the temporary absence or inability of the Corporation Counsel to act, the City Solicitor may serve temporarily in his/her place and stead.

§ 2:4-4 (Reserved) [1]

[1]

Editor's Note: Former § 2:4-4, City Solicitor, was repealed 2-11-2019 by Ord. No. MC 2019-04.

§ 2:4-5 City Prosecutor.

The Assistant Corporation Counsel designated City Prosecutor, under the direction and supervision of the Corporation Counsel, shall prosecute all proceedings for the violation of any City ordinance and shall prosecute any actions or proceedings for the violation of any rule, regulation or ordinance of any City department, or for the violation of any law, rule regulation of the state or federal government cognizable in the Municipal Court, except where any such matter is assigned by the Corporation Counsel to the City Solicitor.

§ 2:4-6 Compromise and settlement.

The Corporation Counsel may enter into any agreement, compromise or settlement of any litigation in which the City is involved, subject to the approval of the Council.

§ 2:4-7 Records and reports.

The Corporation Counsel, or the assistants in charge, shall maintain records of all actions, suits, proceedings and matters which relate to the duties of his/her office, and shall report thereon from time to time as the Mayor or the Council may require. Upon the termination of his/her service with the City, the Corporation Counsel shall forthwith surrender to his/her successor all City property, papers and records together with a written consent to substitution of his/her successor in any pending actions or proceedings.

§ 2:4-8 Special Counsel.

Whenever s/he deems the interests of the City so require, the Corporation Counsel may, with the approval of the Mayor and within the limits of available appropriations, appoint Special Counsel to assist him/her in the preparation, trial or argument of any issue, or such other capacity as s/he may determine. If the Corporation Counsel should be disqualified with respect to any matter, the Mayor may appoint one (1) of the assistants or Special Counsel, with the approval of the Council to represent the City for and with respect to such matter.

§ 2:4-9 Compensation.

The Corporation Counsel shall receive compensation subject to the limits of available appropriations either by contract or by a fixed annual salary. In addition thereto, the Corporation Counsel or any attorney representing the City in any special matter or in any suit, action or proceeding before any Court or administrative body, shall be compensated by fee as shall be approved by the Mayor, and s/he shall be reimbursed by the City for disbursements made and expenses incurred in the performance of his/her duties.