[HISTORY: Adopted by the Mayor and Council of the Borough of Waldwick 4-8-97 as Ord. No. 10-97.]
The Borough Attorney shall be appointed by the Mayor, with the advice and consent of the Council, for a term of one (1) year, and until his successor shall have qualified. He shall be an attorney at law of New Jersey, but need not be a resident of the Borough. In lieu of appointment of an individual attorney, the Mayor may, with the advice and consent of the Council, appoint a firm of attorneys, all principals of which shall be attorneys at law of New Jersey. The Borough Attorney shall not receive a fixed salary, but shall be compensated as may be agreed upon and authorized by the Council, plus such fees and charges as shall be deemed reasonable.
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Powers and duties. The Borough Attorney shall have such powers and perform such duties as are provided for the office of the Borough Attorney by general law or ordinance of the Borough. The Borough Attorney shall represent the Borough in judicial and administrative proceedings in which the Borough or any of its offices or agencies may be a party or have an interest. The Borough Attorney shall give legal counsel and advice.
The Borough Auditor shall be appointed by the Mayor with the advice and consent of the Council for a term of one (1) year and until a successor shall have qualified. The Borough Auditor shall be a registered municipal accountant of New Jersey, but need not be a resident of the Borough. In lieu of appointment of an individual auditor, the Mayor may, with the advice and consent of the Council, appoint a firm of auditors, all principals of which shall be qualified under the laws of New Jersey to prepare the annual municipal audit. The Borough Auditor shall not receive a fixed salary, but shall be compensated as may be agreed upon and authorized by the Council, plus such fees and charges as shall be deemed reasonable.
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Powers and duties. The Borough Auditor shall be an independent contractor and perform such duties as are required of the office of the Borough Auditor by general law. The Borough Auditor shall be responsible for performing an annual audit as required and in accordance with the Local Fiscal Affairs Law of the State of New Jersey.
The Borough Engineer shall be appointed by the Mayor with the advice and consent of the Council for a term of one (1) year and until a successor shall have qualified. The Borough Engineer shall be a licensed professional engineer of New Jersey, but need not be a resident of the Borough. In lieu of appointment of an individual engineer, the Mayor may, with the advice and consent of the Council, appoint a firm of engineers, all principals of which shall be licensed professional engineers of New Jersey. The Borough Engineer shall not receive a fixed salary, but shall be compensated as may be agreed upon and authorized by the Council, plus such fees and charges as shall be deemed reasonable.
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Powers and duties. The Borough Engineer shall have such powers and perform such duties as are provided for by the office of the Borough Engineer by general law or ordinance of the Borough. The Borough Engineer shall give engineering advice when required by the Mayor and Council, and requested by the Planning Board and the Zoning Board of Adjustment and shall, in general, serve as the engineering advisor to the Mayor and Council, and if requested by the Planning Board and the Zoning Board of Adjustment on all matters requiring such advice.
The Borough Prosecutor shall be appointed by the Mayor with the advice and consent of the Council for a term of one (1) year. The Borough Prosecutor shall be an attorney at law of New Jersey, but need not be a resident of the Borough. The Borough Prosecutor shall be compensated as may be agreed upon and authorized by the Council, plus such fees and charges as shall be deemed reasonable.
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Powers and duties. The Borough Prosecutor shall represent the State of New Jersey and the Borough in any proceedings before the Waldwick Municipal Court. The Borough Attorney shall represent the Borough of Waldwick on any appeals from the Waldwick Municipal Court where violations of Borough ordinances are the subject matter of the appeal.
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Appointment, term and compensation. The Mayor shall appoint the Public Defender with the advice and consent of the Borough Council. The term of office of the Public Defender shall be for one (1) year, or for a part of a year commencing on their appointment and terminating at the reorganizational meeting of the Council in January of each year. The compensation for the Public Defender shall be established in the appointment resolution considered by the Council.
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Qualifications and duties. The Public Defender shall be an attorney at law of the State of New Jersey admitted to practice in this state for a period of no less than one (1) year. The duties of the public defender shall be to defend all cases within the jurisdiction of the court brought against indigent defendants in the municipal court of the Borough, whenever such defendants are entitled to such representation by law or whenever such representation is deemed necessary or desirable in the interest of justice and in the discretion of the Judge of the municipal court. In every instance the public defender shall be assigned to each case by order of the court.
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Disqualifications. In the event that the public defender is disqualified, or otherwise unavailable to act, in a particular case, he shall report the disqualification to the judge of the municipal court, who shall select a substituted Public Defender from among those qualified attorneys practicing law in the Borough of Waldwick. This substitute shall serve for that single case, and be compensated at a rate proportionate to the annual compensation of the public defender. The cost of such substitution shall be charged against the annual operating budget for the municipal court.
This ordinance shall take effect upon final passage and publication as required by law.