[1982 Code § 3-45; Ord. #598; Ord. #97-964, § 1]
There is hereby created a Department of Law, the head of which
shall be the Director to be known as the "Director of Law." Prior
to appointment, he shall have been admitted into practice of law in
New Jersey. The Director shall serve as Corporate Counsel to the Borough.
The Department shall:
a. Provide legal counsel to the Mayor, Borough Council, Administrator
and all other departments, except where alternate counsel is required
by law.
b. Approve all ordinances and resolutions as to form and defensibility,
before their introduction, and all contracts, deeds and other instruments
that may be binding on the Borough, before their approval and execution
and give written opinions on questions of law submitted by the Mayor,
Borough Council and Administrator.
c. Conduct appeals from orders, decisions or judgments affecting any
interest of the Borough as directed by the Mayor, Borough Council
or Administrator.
d. Through the Director, enter into any agreement, compromise or settlement
of any litigation in which the Borough is involved, subject to the
approval of Borough Council.
e. Defend the Borough and its employees against adverse litigation.
f. Maintain a record of all actions, suits, proceedings and matters
which relate to the Borough's interest and report thereon as required.
g. Appoint a Municipal Prosecutor for cases in which the Police Department
is the complainant, subject to personnel policies and budgetary appropriations
of the Borough.
h. Appoint legal counsel to provide legal services to the Planning Board
and Board of Adjustment subject to the personnel policies and budgetary
appropriations of the Borough.
i. Appoint a Municipal Public Defender to provide all necessary and
desirable legal counsel required for the defense of cases in the Municipal
Court of the Borough on behalf of those indigent defendants who are
entitled by law to appointment of counsel and as approved by the Municipal
Court Judge.
Every person who shall make application to the Municipal Court
for representation by the Public Defender in any matter pending before
the Court shall pay an application fee of $100. The Municipal Court
may waive the required application fee, in whole or in part, if the
Court determines in its discretion that the application fee represents
an unreasonable burden on the person seeking representation.
The Municipal Public Defender shall be subject to the personnel
policies and budgetary appropriations of the Borough.
[1982 Code § 3-46; Ord. #598; Ord.
No. 2018-1425]
Whenever the Mayor deems the interests of the Borough to so
require, he may, with the advice and consent of the Borough Council
within the limits of available appropriations, appoint a Special Counsel
to the Borough to assist in the preparation, trial or argument of
such legal matters, transactions or proceedings as may be deemed necessary.
Should the Director of Law be disqualified with respect to any matter,
the Director, with approval of Borough Council shall appoint, or if
already appointed, utilize the Special Counsel to represent the Borough
therein. The Special Counsel to the Borough, while not serving as
a department head, shall be subject to the provisions of the Faulkner
Act, specifically N.J.S.A. 40:69A-43, governing appointment and removal,
and N.J.S.A. 40A:9-165, requiring compensation be set by ordinance.
[1982 Code § 3-47; Ord. #598]
All papers, documents, memoranda, reports and other materials
prepared on behalf of the Borough shall be and remain the property
of the Borough. If filed for convenience at the office of the Attorney,
they shall be furnished or returned on request. On termination of
services, they shall be delivered in accordance with this chapter,
together with a written consent to substitution of a successor, in
all legal actions and proceedings then pending to which the Borough
is a party.