The Mayor shall nominate and, with the advice
and consent of the Council, appoint a Borough Attorney for the term
of one year from the first day of January of the year of his appointment
and until his successor has been appointed and qualified. He 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, the 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 other fees and charges as shall be deemed reasonable
and authorized by the Council.
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 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 shall have all legal counsel and advice where required by the Mayor,
Council or any member thereof and shall, in general, serve as the
legal advisor to the Council and Mayor 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 municipality.
B. Conduct appeals from orders, decisions or judgments
affecting any interest of the borough as he may, in his discretion,
determine to be necessary or desirable, as may be directed by the
Council.
C. Subject to the approval of the Borough Council, the
Borough Attorney shall 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 by the Mayor, Council or any member thereof,
with respect to their official powers and duties; and shall perform
such duties as may be necessary to provide legal counsel to the Council
and Mayor 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 municipality.