[Ord. No. 19-1994]
A. 
The Borough Attorney shall be appointed by the Mayor, with the advice and consent of the Council, for a term of one year. He shall be an attorney at law of New Jersey but need not be a resident of the Borough. He shall receive compensation based upon a professional services resolution adopted by the Mayor and Council, and pursuant to budget appropriations.
B. 
Powers and duties. The Attorney shall have such powers and perform such duties as are provided for the office of the Borough Attorney by general law or this Code. He shall represent the Borough in all judicial and administrative proceedings in which the Borough or any of its officers or agencies may be a party or have an interest. He shall give all legal counsel and advice where requested by the Council or any member thereof, or by the Mayor or Administrator and shall in general serve as a legal advisor to the Borough on all matters of Borough business. In furtherance of such general powers and duties, but without limitation thereof, the Borough Attorney shall:
(1) 
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.
(2) 
With the approval of, or upon the direction of the Mayor and Council, commence judicial or administrative proceedings on behalf of the Borough.
(3) 
With the approval of, or upon the direction of the Mayor and Council, conduct appeals from orders, decisions or judgments affecting any interest of the Borough.
(4) 
Subject to the approval of the Mayor and Council, have power to enter into any agreement, compromise or settlement of any litigation in which the Borough is involved.
(5) 
Supervise and direct the work of such additional attorneys and technical and professional assistants as the Mayor and Council may authorize for special or regular employment for the Borough.
[Ord. No. 19-1994; Ord. No. 1997-3]
A. 
The Borough Prosecutor shall be appointed by the Mayor, with the advice and consent of the Council, for a term of one year. He shall be an attorney at law of New Jersey but need not be a resident of the Borough. He shall be compensated for his services at such rate as shall be fixed by agreement with the governing body pursuant to a professional services resolution.
B. 
Duties. In accordance with P.L. 1996, c. 95, § 14,[1] the Borough Prosecutor, under the supervision of the Attorney General or County Prosecutor, as determined by the Attorney General, shall represent the state, county or Borough in any matter within the jurisdiction of the Municipal Court.
[1]
Editor's Note: See N.J.S.A. 2B:12-27.
[Ord. No. 19-1994; Ord. No. 1997-36]
A. 
Qualifications, appointment, term, and vacancy. The Borough Public Defender shall be a person qualified and licensed to practice law in the State of New Jersey, but need not be a resident of the Borough. Such person shall be appointed by the Mayor, with the advice and consent of Council, for a term of one year. Any vacancy in such office occurring other than by expiration of term shall be filled by the Mayor, with the advice and consent of Council, for the unexpired portion of the term.
B. 
Duties. The Borough Public Defender shall be responsible for handling all phases of the defense of an indigent defendant, including discovery, pre-trial and post-trial hearings, motions, removals to federal district court and other collateral functions. Where the Borough Public Defender is unable to serve as the Public Defender with respect to a particular matter, or in particular cases where special reasons such as experience in a particular legal area so warrant, the Mayor, with the advice and consent of Council, may employ another attorney to serve as Borough Public Defender.
C. 
Compensation. The Borough Public Defender shall receive such compensation as is fixed by agreement with the governing body, pursuant to a professional services resolution.