There shall be a Department of Law, the head of which shall
be the Director of Law. The City Attorney shall be known as the "Director
of Law." The Director shall be appointed by the Mayor with the advice
and consent of Council. He shall receive a salary or a retainer plus
such fees only as are authorized by the Council.
[New]
Except as may be otherwise provided by the Charter or this chapter,
the Department of Law shall:
A. Provide legal advice and assistance to the Mayor and Council and
to all departments, boards and bodies except where prohibited by law;
prosecute and defend actions and proceedings by and against the municipality.
B. Draft ordinances and resolutions and advise as to their form and
sufficiency prior to passage.
C. Conduct appeals from orders, decisions or judgments affecting any
interest of the municipality as directed by the Mayor or Council.
D. Subject to the approval of the Mayor and the Council, have the power
to enter into any agreement, compromise or settlement of any litigation
in which the municipality is involved, provided that this provision
shall not operate to limit or abridge the discretion of the attorney
handling any matter in regard to the proper conduct of any trial,
action or proceeding, or deprive him of the powers and privileges
ordinarily exercised in judicial proceedings by counsel acting for
private clients, subject to the New Jersey Code of Professional Conduct.
E. Maintain a record of all actions, suits, proceedings and matters
which relate to the municipality's interest, and report thereon from
time to time as the Mayor or Council may require.
F. Have such other and different functions, powers and duties as may
be provided by law.
[New]
Whenever it is in the interest of the municipality, a special
counsel may be appointed, according to law, to assist in the preparation,
trial and argument of such legal matters or proceedings as may be
determined by the Director. If the Director of Law should be disqualified
with respect to any matter, special counsel may be appointed, according
to law, to represent the municipality for and with respect to such
matter, subject to the provisions of the New Jersey Code of Professional
Conduct.
[New]
There shall be a Prosecutor, and any Assistant Prosecutors,
who the Director may designate with the consent of City Council. The
Prosecutor shall conduct prosecutions for crimes and offenses cognizable
by the Municipal Court of the City of South Amboy, including violations
of ordinances of the municipality and complaints of any department
under state law, and for violations of rules or regulations duly promulgated
by any department; provided, however, the Prosecutor shall not be
responsible for the prosecution of such crimes and offenses as are
required by law to be prosecuted by the County Prosecutor. The Prosecutor
shall be responsible to prosecute all administrative matters in front
of City Council.
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 municipality. Upon the termination of his
service with the municipality, each legal officer 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 municipality is a party.