There shall be a Department of Law, the head of which shall be the Director of Law, who is hereby designated as the Municipal Attorney and who shall perform the duties set forth in this chapter to protect the interests of the city. Except where there exists a conflict of interest or a need for the services of special counsel, the Director of Law shall represent the city in all judicial and administrative proceedings in which the city or any of its officers or agencies may be a party or have an interest as more particularly set forth at length hereinafter. The Director of Law shall be appointed by the Mayor, with the advice and consent of the Council in the manner and for the term prescribed by law. The Director of Law shall be an attorney-at-law authorized to practice in the State of New Jersey. Such attorney shall be paid a fixed salary established by ordinance and receive additional compensation for services performed beyond the duties set forth in Section
4-52 of this chapter, if authorized by the Mayor and Council by resolution. For the fixed salary, the Director of Law shall be required to perform the powers and duties specified in Section
4-52 of this chapter. Such attorney shall be paid a fixed salary established by ordinance or, upon request of the attorney, shall have the fixed salary paid directly to the law firm with whom that attorney is an associate, member or partner, subject to the Mayor's approval.
[Amended 12-30-2016 by Ord. No. 1828-2016]
The Director of Law shall:
A. Advise the Mayor or Council or other department directors and statutory
officials, when requested, upon all legal questions arising in the
conduct of the City's business.
B. Prepare and revise all ordinances of the Code when so requested by
the Mayor or Council.
C. Prepare or draft and revise all resolutions when so requested by
the Mayor or Council.
D. Render opinions on legal matters or questions of law submitted by
the Mayor or the Council, or other department directors and statutory
officials, orally or in writing.
E. Prepare, draft and approve as to form and sufficiency all legal documents,
instruments, contracts and deeds to which the City is a party, including
such instruments and agreements with other municipalities, and approve
also as to form all bonds required to be submitted to the City.
F. Attend Council meetings, caucus and regular, for the purpose of giving
the Mayor or Council any legal advice requested.
G. Attend and advise the Mayor and Council or any designated officer
of the City in the opening and awarding of public bids.
H. Supervise and direct all work of special attorneys and technical
and professional assistants as the Mayor or Council may authorize
for special or regular employment in the Department of Law.
I. Staff the Department of Law office on a full time basis between the
hours of 8:30 a.m. and 4:30 p.m.
J. Perform all of the required legal services in the preparation, submission
and adoption of bonding ordinances authorized by the Council in accordance
with the applicable New Jersey statutes and assist and furnish all
the necessary information to any special counsel hired for purposes
of a particular bond issue.
K. Perform all the necessary legal services in connection with all real
estate transactions involving the City, except for tax lien foreclosure
and condemnation proceedings.
L. Prepare and prosecute disciplinary proceedings against personnel
of the City.
M. Make reports:
(1) Immediately report to the Mayor, Council and Business Administrator
the outcome of any litigation in which the City has an interest.
(2) Make an annual report to the Mayor, Council and Business Administrator
by the first regular meeting of the year, providing the status of
all pending litigation in which the City has an interest.
N. Keep records and papers:
(1) Keep a complete record of all actions, suits, proceedings and other
matters in which the City had or has an interest, giving the names
of all the parties, the court where brought, the nature of the action,
the status or disposition of the case, if pending, and the briefs
of counsel which relate to the City's interest, and report thereon
from time to time as the Mayor or Council may require.
(2) Keep a complete record of all written opinions furnished by the Director
of Law and of all certifications or abstracts of titles furnished
to the City or any departments or officials thereof.
O. Have such other and different functions, powers and duties as may
be provided by Charter or these Revised General Ordinances, including
this chapter, or other ordinances of the City.
P. Have a minimum of five (5) years experience in the practice of municipal
law. Such requirement may be waivable by City Council upon showing
of good cause.
[Rescinded 12-30-2016 by Ord. No. 1828-2016]
The Director of Law or any other special counsel representing
the city shall be reimbursed by the city for disbursements made and
expenses incurred in the performance of his duties.
No warrants shall be issued for the payment of any money from
the city treasury in any matter where a deed is necessary or under
any contract to which the city is a party unless the Director of Law
shall have endorsed thereon, in writing, his approval as to form and
legality, together with a statement of any liens or encumbrances affecting
the transaction.
The Director of Law shall not, without approval of the Mayor
and Council by resolution, be empowered to compromise, settle or adjust
any rights, claims, demands or causes of action in favor of or against
the city, nor to permit, offer or confess judgment against the city,
nor to accept any offer or judgment in favor of the city, provided
that this section shall not operate to limit or abridge the discretion
of the Director of Law in regard to the proper conduct of the trial
of any action or proceeding or deprive him of the powers and privileges
ordinarily exercised in judicial proceedings by counsel acting for
private clients.
Whenever the Director of Law deems the interests of the city
so require, he may, with the approval of the Mayor and within the
limits of available appropriations, appoint special counsel to assist
in the preparation, trial or argument of such legal matters or proceedings
as he may determine. If the Director of Law should be disqualified
with respect to any matter or determine that there exists a need for
the services of special counsel who has an area of expertise, the
Mayor may appoint special counsel with the approval of the City Council
to represent the city for and with respect to such matter.
[Amended 11-9-2020 by Ord. No. 1956-2020]
The Director of Law, or such attorney as he may designate with
the approval of the Mayor and with advice and consent of the City
Council for a term of one year commencing January 1, to conduct prosecutions
from crimes and offenses cognizable by the Municipal Court of the
City of Perth Amboy, including violations of ordinances of the city,
complaints of any department under state law and violations of rules
and regulations duly promulgated by any department; provided, however,
that the Director shall not be responsible for the prosecution of
such crimes and offenses as are required by law to be prosecuted by
the municipal or county prosecutor.
[Added 9-13-2017 by Ord.
No. 1858-2017; amended 11-9-2020 by Ord. No. 1956-2020]
A. There shall be one or more Municipal Prosecutors appointed by the
Mayor with the advice and consent of the City Council for a term of
one year commencing January 1, and until his or her successor is appointed
and qualified, in accordance with the provisions of N.J.S.A. 2B:12-27
and N.J.S.A. 2B:25-1. The Municipal Prosecutor shall represent the
state before the Municipal Court of the City of Perth Amboy.
B. No person shall serve in the position of a Municipal Prosecutor without
first receiving a 2/3 affirmative vote by the City Council. Should
a candidate fail to achieve the required 2/3 affirmative vote from
the City Council or should the City Council fail to take a vote, that
candidate is barred from serving as a Municipal Prosecutor and shall
not seek appointment for a period of three years from the time of
their failed appointment.
C. The Prosecutors shall be compensated by contractual professional
services agreement as determined by the Mayor with the advice and
consent of the Council.
D. If more than one Prosecutor is appointed, there shall be designated
a Chief Municipal Prosecutor who shall have authority over other Prosecutors
appointed and serving in the Municipal Court of the City of Perth
Amboy with respect to the performance of their duties.
E. Municipal Prosecutors may appear in municipal courts other than in
the City of Perth Amboy when necessary to prosecute City cases transferred
to such courts, subject to approval by the City Attorney.
F. The Municipal Prosecutor shall reside in the City of Perth Amboy.
The Director of Law may designate, with the approval of the
Mayor, an attorney-at-law to provide representation of persons entitled
by law to appointment of counsel pursuant to the terms of N.J.S.A.
2B:28-29 for crimes and offenses cognizable by the Municipal Court
of the City of Perth Amboy. Any such attorneys at law are to be referred
to as Municipal Public Defenders.
Upon the expiration of the Director of Law's term of office
or resignation or removal therefrom, the Director of Law shall surrender
forthwith, to the several city officers charged with the custody thereof,
all deeds, leases, conveyances, obligations, bonds, contracts, agreements,
reports and all other papers belonging to the city and shall deliver
to the successor in office all legal papers and documents relating
to the business of the city, together with a written consent of substitution
of his/her successor in all actions then pending and undetermined
in which the city is a party.