[HISTORY: Adopted by the Board of Commissioners
of the Town of West New York as indicated in article histories. Amendments
noted where applicable.]
[Adopted 2-20-2013 by Ord. No. 1/13[1]]
[1]
Editor's Note: This ordinance also superseded former Ch. 56,
Law Department, Art. I, Creation and Composition, adopted 3-21-2012
by Ord. No. 4/12, as amended.
WHEREAS the Board of Commissioners of the Town of West New York
deems it necessary for the official conduct of the affairs of the
Town of West New York that the Town shall have a Law Department consisting
of a Town Attorney, an Assistant Town Attorney; a Staff Attorney;
two legal assistants; and a Chief of Administrative Services; and
WHEREAS, the Board of Commissioners of the Town of West New
York deems that, in order to be in compliance with the affairs of
the Town, an amendment to the ordinance creating the Law Department
in the Town of West New York is beneficial to the public welfare:
[Amended 4-16-2014 by Ord. No. 1/14]
There will be a Corporation Counsel who is a duly licensed attorney
of the State of New Jersey.
[Amended 4-16-2014 by Ord. No. 1/14]
The Corporation Counsel shall serve for a term of one year.
[Amended 4-16-2014 by Ord. No. 1/14]
The Corporation Counsel shall be the attorney of record in all
proceedings wherein the Town or any of its officers, boards, bodies
or commissioners shall be a party growing out of their official position
or duties. The Corporation Counsel shall advise all Town officials,
Town bodies and personnel as to all matters relating to Town government,
when requested to do so, except for the Planning Board and Zoning
Board of Adjustment, and shall supervise the execution, preparation
and enforcement of all contracts, deeds, documents, statutes, ordinances,
resolutions or legal correspondence. The Corporation Counsel, or designee,
shall prosecute and defend all legal matters for or against the Town,
or any of its officials, departments, employees or personnel and,
in general, shall be counsel for the entire Town as well as all of
its officials, departments, employees and personnel, except for the
Planning Board and Zoning Board of Adjustment. Nothing herein shall
preclude the appointment of special counsel as from time to time may
be deemed to be in the best interests of the Town.
[Amended 4-16-2014 by Ord. No. 1/14]
Before any deed, contract or other document or any compact agreement,
ordinance, resolution or other document or matter having legal consequences
shall be considered, the same shall be submitted to the Corporation
Counsel for his/her opinion as to legality and legal form, and (s)he
shall endorse thereon or communicate with respect thereto his/her
opinion as to the legality and form of the document or matter.
[Amended 4-16-2014 by Ord. No. 1/14]
The Corporation Counsel shall report to the department to which
(s)he is assigned and shall prepare a report, if requested by the
Board of Commissioners as a whole.
[Amended 4-16-2014 by Ord. No. 1/14]
The Corporation Counsel may enter into any agreement, compromise
or settlement of any controversy or litigation in which the Town is
involved, subject to the approval of the Board of Commissioners.
[Amended 4-16-2014 by Ord. No. 1/14[1]]
The Corporation Counsel shall be compensated through a contract
with the law firm with which (s)he is associated in accordance with
an agreement for such fees as shall be approved by the Board of Commissioners.
The law firm shall be compensated by the Town for services rendered
and reimbursed by the Town for disbursements made and expenses incurred,
within the limits of available appropriations. There shall be no charge
for attendance by the Corporation Counsel, or designee, at regularly
scheduled meetings of the Board of Commissioners.
There is also created in said Law Department the position of
Tax Attorney, who shall be nominated on a yearly basis, through a
fair and open procurement process pursuant to N.J.S.A. 19:44A-20 et
seq., and who shall perform the duties of Tax Attorney, under the
supervision of the Town Attorney. The Tax Attorney shall represent
the Town of West New York, New Jersey, in all tax matters on all appeal
levels, as well as consulting and advising on all tax matters, proceedings,
revaluations, policies, problems and programs, including tax sales
and tax foreclosures, and shall perform such other duties as are required
by the Law Department in case of need. Extraordinary matters, not
within the normal scope of the above Tax Attorney duties, shall be
by special additional assignment, on prior authorization by resolution,
according to law.
[Amended 7-15-2015 by Ord. No. 11/15; 10-21-2015 by Ord. No. 17/15]
All powers and duties relating to the Law Department are hereby
assigned to and distributed in the Department of Revenue and Finance.
There is also created in said Law Department the positions of
Municipal Prosecutor, Alternate Municipal Prosecutor, and Special
Session Prosecutor. The Municipal Prosecutor shall likewise be appointed
for a one-year term by the head of the municipal department to which
the Law Department is assigned and who shall perform the duties of
Municipal Prosecutor and shall prosecute all matters before the Municipal
Court of the Town of West New York and shall perform such other duties
as are required by the Law Department in case of need. The Alternate
Municipal Prosecutor and Special Session Prosecutor shall be selected
under a fair and open process pursuant to N.J.S.A. 19:44A-20 et seq.,
for a one-year term and shall assist the Municipal Prosecutor in the
duties of the Office by attending one or more sessions during the
work week and shall be the only Prosecutor to fill in for the Municipal
Prosecutor on an as-needed basis. The Special Session Prosecutor shall
be assigned to cover sessions when the Municipal Prosecutor and the
Alternate Prosecutor shall be unavailable to perform their duties.
The salary of the Municipal Prosecutor shall be in accordance with
the salary ordinance. The compensation for the Alternate Prosecutor
and the Special Session Prosecutor shall be fixed by resolution of
the governing body.
There is also created in said Law Department the position of
Municipal Public Defender and Alternate Municipal Public Defender.
Both positions shall be assigned after a fair and open process pursuant
to N.J.S.A. 19:44A-20 et seq. The Alternate Public Defender is assigned
to perform the duties of Municipal Public Defender and shall defend
all eligible matters before the Municipal Court of the Town of West
New York. Both Public Defenders shall make every reasonable effort
to collect the allowable fees from legible defendants. The Alternate
Municipal Public Defender shall assist the Municipal Public Defender
in the duties of the office by attending one or more sessions during
the work week and shall be the only Public Defender to fill in for
the Municipal Public Defender on an as-needed basis. There shall be
one additional Special Session Public Defender who shall be assigned
under an open and fair process pursuant to N.J.S.A. 19:44A-20 et seq.,
to cover sessions when the Municipal Public Defender and the Alternate
Public Defender shall be unavailable to perform their duties. The
compensation of the Municipal Public Defender, the Alternate Municipal
Public Defender and the Special Session Municipal Public Defender
shall be in accordance with the professional contract exception to
the Local Public Contract Law, N.J.S.A. 40A:11-5(1).
[Adopted 2-15-2012 by Ord. No. 1/12]
WHEREAS the Mayor and the Board of Commissioners deem the creation
of a Chief of Administrative Services beneficial to the public welfare
and necessary for the efficient conduct and administration of the
Town of West New York; and
WHEREAS, in order to ensure coordination between all departments,
the Chief of Administrative Services shall be a member of the Law
Department:
The position of Chief of Administrative Services is hereby created.
The said Chief of Administrative Services shall be appointed
by the Director of the Department of Public Safety and shall be in
the Law Department.
The term of the position of the Chief of Administrative Services
shall be for one year.
A.
The Chief
of Administrative Services shall be under the authority and direction
of the Mayor. Whenever appropriate, the establishment of labor procedures
shall be approved by the governing body by resolution.
B.
The Chief
of Administrative Services shall perform such duties as deemed necessary
by the Mayor or governing body for the efficient operation of the
Town, including but not limited to: supervising work pertaining to
the operation of the Town; developing work programs and working procedures
that effectively use the labor resources in the Town; making and executing
plans for the effective utilization of personnel; direction and supervision
of the operations of the five departments within the Town; evaluating
the performance of department personnel; providing for staff training;
providing guidance to department personnel regarding goals and objectives;
developing and implementing policies and procedures concerning the
operation of the Town and employees; conferring with department staff,
the governing body and other interdepartmental personnel on operational
and administrative issues and helping to develop and implement policies
and solutions to the same; performing general administrative work
as required, including preparing reports and correspondence; establishing
office support procedures and implementing changes as necessary pertinent
to office services; managing, coordinating and directing ancillary
support services and other related services through delegation to
subordinate supervisory personnel; and overseeing the relocation of
offices and/or personnel.
The salary range of the Chief of Administrative Services shall
be $30,000 to $70,000. Such salary shall be separate and apart from
any other position that the Chief Administrator may hold within the
Town and upon termination or resignation shall cease.
The position of Chief of Administrative Services of the Town of West New York shall be assigned to the Department of Public Safety, Department of Law. Chapter 56 of the Code is hereby amended to include the position of Chief of Administrative Services.
The said salary shall be paid in biweekly installments.
All ordinances inconsistent herewith are hereby repealed.
This article shall take effect immediately upon passage and
publication as provided by law.
