[Prior code § 2-11.1]
The Borough attorney shall be appointed by the mayor with the
advice and consent of the council for a term of one year. He or she
shall be an attorney-at-law of New Jersey but need not be a resident
of the Borough. In lieu of appointing an individual attorney, council
may appoint a firm of attorneys, all members of which shall be attorneys-at-law
of New Jersey. The attorney shall not receive a fixed salary, but
shall be paid such retainer as may be agreed upon and authorized by
the council, plus such fees and charges as shall be deemed reasonable.
[Prior code § 2-11.2]
The attorney shall have such powers and perform such duties
as are provided for the office of Borough attorney by general law
or ordinances of the Borough. He or she shall represent the Borough
in all judicial and administrative proceedings in which the municipality
or any of its officers or agencies may be a party or have an interest.
He or she shall give all legal counsel and advice where required by
the mayor and council or any member of council, and shall in general
serve as the legal advisor to the mayor and council on all matters
of Borough business. In furtherance of such general powers and duties,
but without limitation thereto, the Borough attorney shall:
A. Draft or approve as to form and sufficiency all legal documents,
contracts, deeds, ordinances and resolutions made, executed or adopted
by or on behalf of the Borough;
B. With the approval of the mayor and council, conduct appeals from
orders, decisions or judgments affecting any interest of the Borough
as he or she may in his or her discretion determine to be necessary
or desirable or as directed by the mayor and council;
C. Subject to the approval of the Borough council, have power to enter
into any agreement, compromise or settlement of any litigation in
which the Borough is involved;
D. Render opinions in writing upon any question of law submitted to
him or her by the mayor and council or any member of such council
with respect to their official powers and duties, and perform such
duties as may be necessary to provide legal counsel to the mayor and
council in the administration of municipal affairs;
E. Supervise and direct the work of such additional attorneys and technical
and professional assistants as the council may authorize for special
or regular employment in or for the Borough.
[Prior code § 2-11.3]
All papers, documents, memoranda, reports and all other materials
relating to the administration of the legal duties of the Borough
attorney shall be and remain the property of the Borough. Upon the
termination of his or her services with the Borough, the Borough attorney
shall surrender to any successor all such property, together with
a written consent to substitution of any successor in all legal actions
and proceedings then pending to which the Borough is a party.