[1972 Code § 2-6.1; Ord. No. O-16-05; Ord. No. O-18-70]
There shall be a Department of Law, the head of which shall
be the Director of the Department of Law, who shall be the Chief Legal
Officer. He shall be appointed pursuant to the Charter and receive
such compensation as shall be provided by ordinance. Prior to his
appointment, he shall have been admitted to the practice of law in
the State of New Jersey for at least five years.
[1972 Code § 2-6.2; Ord. No. O-09-28 § 1; Ord. No. O-16-05; Ord. No. O-18-70]
The Director may appoint Assistant City Attorneys to serve during
the term of Office of the Director appointing them and until their
successors are appointed and qualify.
[1972 Code § 2-6.3; Ord. No. O-09-09 § 2; Ord. No. O-09-28 § 1; Ord. No. O-16-05; Ord. No. O-18-70]
The Director of the Department of Law shall be the legal advisor
to the Mayor, the Council and all Departments except as may be otherwise
provided by the Charter. He shall prosecute and defend actions and
proceedings by and against the City and its Departments. In furtherance
of these general powers, and without limitation thereto, he shall:
a. Advise the Council or its Committees or its City Officers, when requested,
upon all legal questions arising in the conduct of City business.
b. Prepare or revise ordinances when so requested by the Council or
by a Committee.
c. Give his opinion upon any legal matter or question submitted to him
by the Council or any of its Committees or by any City Officer.
d. Attend all Council meetings in their entirety for the purpose of
giving the Council any legal advice requested by its members.
e. Prepare all contracts and instruments when the City is a party and
approve all bonds to be submitted to the City.
f. Represent the City in all judicial proceedings brought against the
City and, when authorized by the Municipal Council or other City authority,
prepare and prosecute complaints against third parties.
g. Immediately report the outcome of any litigation in which the City
has an interest to the Council and to the City official having control
of the subject matter of litigation.
h. Annually report to the Council the condition of all pending litigation
in which the City has an interest.
i. Perform all legal services auxiliary to Council action in connection
with the appropriating of property to public use.
j. Supervise the investigation in all cases, including Worker's
Compensation, and assume the direction and supervision of investigator
for the legal department.
k. Keep a complete record of all suits in which the City has an interest,
stating the names of the parties, the nature of the action, the disposition
of the case, or its condition if pending, and the briefs of counsel.
l. Provide legal council to the City's Insurance Fund Commission.
m. Have such other and different functions, powers and duties as may
be provided by Charter or ordinance.
[1972 Code § 2-6.4; Ord. No. O-09-28 § 1; Ord. No. O-16-05; Ord. No. O-18-70]
The Assistant City Attorneys shall perform such duties as the
Director of Law may direct or prescribe and, during the absence or
disability of the Director of Law, one shall be designated to possess
all the powers and perform all the duties of the Director of Law.
In the event of the death or resignation of the Director of Law or
of the occurrence of a vacancy in the Office for any other reason,
one of the Assistant City Attorneys shall act as Director of Law until
the office is duly filled pursuant to the Charter.
[New; Ord. No. O-09-28 § 1; Ord. No. O-16-05; Ord.
No. O-18-70]
The Mayor, with the advice and consent of the Municipal Council,
shall appoint one or more Municipal Prosecutors for a term of one
year in accordance with the provisions of N.J.S.A. 2B:25-1 et seq.
An Assistant City Attorney may be appointed as Prosecutor.
[1972 Code § 2-6.5; Ord. No. O-09-28 § 1; Ord. No. O-16-05; Ord. No. O-18-70]
Whenever he deems the interests of the City so require, the
Director of Law may, with the approval of the Council, appoint Special
Counsel to assist him in the preparation, trial or argument of such
legal matters or proceedings as he may determine. If the Director
of Law should be disqualified in any matter, the Mayor shall appoint
Special Counsel, with the approval of the Municipal Council, to represent
the City in the matter.
[1972 Code § 2-6.6; Ord. No. O-09-28 § 1; Ord. No. O-16-05; Ord. No. O-18-70]
All papers, documents, memoranda, reports and other materials
relating to the administration of the Department of Law shall be and
remain the property of the City. Upon the termination of his service
with the City, the Director of Law shall forthwith 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
to which the City is a party. The Assistant City Attorneys shall have
a like duty and obligation upon the termination of their services
with the City.