[R.O. 1966 § 2:6-2]
The compensation of the Corporation Counsel shall be such sum
annually as shall be fixed by ordinance. Legal fees and costs for
which the Corporation Counsel may be liable as the legal representative
of the City shall be borne by the City.
[R.O. 1966 § 2:6-3; Ord. 6 S+FK, 2-18-1987 § 1; Ord. 6 S+FI, 1-23-2002 § 1]
a.
The Corporation Counsel shall be the chief law officer of the City
and the attorney of record in all proceedings wherein the City or
any of its officers, boards, bodies or commissions, by reason of any
suits growing out of their official position, shall be a party. He/she
shall advise all City Officials and bodies on any matters relating
to the City Government, when requested to do so. He/she shall supervise
the preparation of all contracts, deeds and other documents and all
statutes, ordinances and resolutions referred to the Law Department
for preparation.
b.
The Corporation Counsel is required to submit to the City Clerk all
legal opinions prepared by the Department of Law. This requirement
applies to all legal opinions without regard to the source of the
original request for their preparation. A complete copy of each opinion
is to be transmitted to the City Clerk within 48 hours of its issuance
by the Department of Law.
c.
The Corporation Counsel or his/her designee is required to respond
to the Municipal Council, in writing within 30 days of the original
request, as to the status of legislation requested by the Municipal
Council. Either a copy of said legislation or a status report on the
preparation of said legislation should be forwarded to the City Clerk
within the time designated above.
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CROSS REFERENCE: For Council Rules providing for: (1) attendance
of Corporation Counsel at Council meetings and (2) preparation and
approval as to form of ordinances, resolutions and documents, see
Council Rules VIII and XXII.
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[R.O. 1966 § 2:6-4]
No warrant shall be issued for the payment of any money from
the City Treasury in any matter wherein a deed is necessary or under
any contract to which the City is a party, unless the Corporation
Counsel shall have endorsed in writing upon such deed or contract
his/her approval as to form and legality, together with a statement
of any liens or encumbrances affecting the transaction.
[R.O. 1966 § 2:6-5; Ord. 6 S+FC, 8-1-1990; Ord.
6PSF-C, 3-6-2019; amended 11-18-2020 by Ord. No.
6PSF-C, 11-18-2020]
The Corporation Counsel shall not, without the approval of the
Municipal Council by Resolution, be empowered to:
a.
Compromise, settle or adjust any rights, claims, demands or causes
of action in favor of or against the City except that the Corporation
Counsel may settle any case for a sum not to exceed $44,000 without
the approval of the Municipal Council. A copy of such settlement agreement
and Certification of Funds shall be submitted to the City Clerk within
30 days after the settlement by the Corporation Counsel;
b.
The amount (value) referred to in paragraph a shall be adjusted consistent
with N.J.S.A. 40A:11-3(bc) which provides for an adjustment of this
amount by March 1 every (5th) year.
c.
Permit, offer or confess judgment against the City; and
d.
Accept any offer of judgment in favor of the City.
This subsection shall not operate to limit or abridge the discretion
of the Corporation Counsel in regard to the proper conduct of the
trial of any action or proceeding, or to deprive him/her of the powers
and privileges ordinarily exercised in judicial proceedings by counsel
acting for private clients.
[R.O. 1966 C.S. § 2:6-5.1]
Whenever it is determined that the City of Newark foreclose
by summary proceedings, in rem, as provided by the In Rem Tax Foreclosure
Act (1948), N.J.S. 54:5-104.29 et seq. as amended and supplemented,
the eligible tax sale certificates held by it, pursuant to authorized
judicial proceedings, the Corporation Counsel, with the approval of
the Municipal Council by resolution, may be authorized to consent
to court orders vacating judgments entered pursuant to judicial proceedings
within one year after the entry thereof provided that the defendant(s)
prior to the entry of the consent order(s) either:
[R.O. 1966 C.S. § 2:6-5.2]
The Corporation Counsel, with the approval of the Municipal
Council by resolution, may also be authorized to enter into consent
orders or stipulations of dismissal where it is found that the action
was instituted erroneously.
[R.O. 1966 § 2:6-6]
Upon the expiration of his/her term of office or his/her resignation
or removal therefrom, the Corporation Counsel shall forthwith surrender
to the several City Officers charged with the custody thereof, all
deeds, leases, conveyances, obligations, bonds, contracts, agreements,
maps, reports and other papers in his/her possession belonging to
the City. He/she shall deliver to his/her 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.
[1]
Editor's Note: For Statutory provisions directing officials
to deliver records upon expiration of term, see N.J.S. 2A:135-4 and
N.J.S. 40A:5-20.
[6 S+FC (S-1), 7-16-1986 § 1]
Pursuant to the provisions of N.J.S. 40A:10-6 et seq. there
shall be located within the Department of Law an Insurance Fund Commission.
The Commission shall operate as an autonomous and independent commission
in accordance with State law. The clerical staff of the Commission
shall be budgeted and supervised within the Department of Law.
