[Amended 9-25-1972 by Ord. No. 41-1972; 6-14-1978 by Ord. No. 8-1978; 8-20-1984 by Ord. No. 36-1984; 5-12-1986 by Ord. No. 7-1986]
[Amended 7-15-1996 by Ord. No. 16-1996]
A.
There is hereby established the Corporation Counsel's
office. The Corporation Counsel shall be a City officer appointed
by the Mayor and confirmed by the City Council.
B.
The Assistant Corporation Counsel(s) shall be appointed
as at-will employees and will serve at the pleasure of the appointing
authority.
C.
The Corporation Counsel shall perform the duties required
by law or ordinance and, as legal advisor to the Mayor, City Council
and all boards and commissions, perform all the duties prescribed
herein where independent counsel is not designated or required.
D.
He/she shall have general charge and direction of
the legal affairs of the City and shall prosecute and defend all actions
affecting the interests of the City which shall be brought by or against
the City or any officer, board or commission thereof.
E.
Nothing herein shall be construed to limit the Corporation Counsel from delegating any of the duties contained herein to the Assistant Corporation Counsel(s) or other members of the Corporation Counsel's office, provided that the responsibility for supervision thereof shall continue to be vested in the Corporation Counsel, except as expressly provided in § 5-23, or from employing other counsel when the Corporation Counsel is unable to perform any of the duties set forth herein by reason of any conflict of interest or incompatibility of the other requirements of his/her office.
F.
The duties of the Corporation Counsel shall include
review of all legal documents, contracts, bonds, deeds, leases and
stipulations entered into by the City or to which the City is a party
or has an interest.
G.
He/she shall attend all regular and special meetings
of the City Council and also, when requested to do so, meetings of
the various boards, commissions, agencies and committees of the City.
H.
He/she shall render opinions at the request of the
Mayor, City Council or any of the boards, commissions, agencies or
committees of the City which he/she serves.
I.
He/she shall oversee the drafting of all ordinances
and resolutions of the City Council and such other resolutions of
the boards, commissions, agencies and committees as may be submitted
to him/her for his/her review.
J.
He/she shall draft proposed legislation on behalf
of the City at the direction of the Mayor or City Council.
K.
He/she shall, at the direction of the Mayor or City
Council, appear on behalf of the City at hearings, conferences or
other administrative proceedings and shall also so appear on behalf
of any board, commission, agency or committee directly involved in
and party to any such hearing or proceeding.
L.
He/she shall make all tax foreclosures and searches
of title required by the City or by any board, commission, agency
or committee thereof and shall certify to the same, provided that
he/she shall be compensated in accordance with prevailing fee schedules
for such services pertaining to title searches.
M.
Any and all references to the "City Counsel" and "Assistant
City Counsel(s)" in the Code of the City of East Orange shall hereinafter
be designated "Corporation Counsel" and "Assistant Corporation Counsel(s)"
unless otherwise provided by law or ordinance.
[Amended 7-15-1996 by Ord. No. 16-1996]
A.
The Corporation Counsel shall not undertake any court
appeal or like action except by the direction of the Mayor or City
Council, unless immediate action is required in order, in his/her
opinion, to preserve the rights of the City, whereupon the same shall
be reported to the Mayor and City Council.
B.
He/she shall not compromise, settle or adjust any
rights, claims, demands or causes of action in favor of or against
the City, nor permit, offer or confess judgment against the City,
without authorization from the Mayor or City Council or the board,
commission, agency, committee or City official having jurisdiction
over the subject matter, provided that this section shall not operate
to limit or abridge the discretion of the Corporation Counsel with
regard to the proper conduct of any trial or proceedings or to deprive
him/her of the powers and privileges automatically exercised in judicial
and administrative proceedings by counsel acting for private clients.
C.
He/she shall keep records of all actions prosecuted
or defended by him/her and all proceedings had by him/her.
[Amended 7-15-1996 by Ord. No. 16-1996]
Upon expiration of his term of office or his/her
resignation thereof or removal therefrom, the Corporation Counsel
shall forthwith deliver to his/her successor in office a written consent
to substitution of his/her successor in all such actions then pending
and undetermined.
[Amended 7-15-1996 by Ord. No. 16-1996]
A.
Where a statement reporting a possible conflict of
interest, as required under the City Charter, by a member of the Corporation
Counsel's office other than the Corporation Counsel, has been filed
with the Mayor, a copy thereof shall also be filed with the Corporation
Counsel, who shall thereupon delegate the responsibility of performing
duties pertaining to that matter to members of the Corporation Counsel's
office who shall have no conflicting relationship or responsibility.
B.
Where the Corporation Counsel files with the Mayor
such a statement of conflict, the Mayor and City Council may provide
for special counsel or, in the alternative, an Assistant Corporation
Counsel shall be Acting Corporation Counsel, pursuant to the directions
of the Mayor or City Council, on all phases of the work in which the
conflict of interest may bear, the responsibility for supervision
of the personnel of the office and all determinations to be made on
behalf of the office shall thereupon vest in the special counsel or
an Assistant Corporation Counsel, as circumstances warrant.
[Amended 11-13-1989 by Ord. No. 26-1989; 11-14-2005 by Ord. No. 26-2005; 5-29-2007 by Ord. No.
11-2007]
There are hereby established the positions of
eight Assistant Corporation Counsels.
[Amended 7-15-1996 by Ord. No. 16-1996]
The Assistant Corporation Counsels shall perform
such duties as may be assigned by the Corporation Counsel, and where
the Corporation Counsel is absent or unavailable, such other duties
as the Mayor and/or City Council may from time to time prescribe.
Such duties shall include but not be limited to disposition of the
general legal affairs of the City and prosecution of Municipal Court
matters. In the absence of the Corporation Counsel, the Mayor may
appoint an Acting Corporation Counsel from among the Assistant Corporation
Counsels to act in the Corporation Counsel's absence.
[Added 10-10-2000 by Ord. No. 19-2000; amended 11-14-2005 by Ord. No. 26-2005; 5-29-2007 by Ord. No.
11-2007]
There is hereby established the Office of the
Municipal Prosecutor. The Municipal Court shall have a Chief Municipal
Prosecutor and two Municipal Prosecutors, one of whom may be part-time.
[Added 10-10-2000 by Ord. No. 19-2000; amended 11-14-2005 by Ord. No. 26-2005; 5-29-2007 by Ord. No.
11-2007]
A.
The Mayor may appoint three Assistant Corporation
Counsels for a term of one year to serve as Municipal Prosecutors,
one of whom shall be designated as Chief Municipal Prosecutor. The
Chief Municipal Prosecutor shall continue in office pending reappointment
or the appointment of a successor.
B.
Notwithstanding § 5-26 and Subsection A of this section, the Mayor shall appoint additional Municipal Prosecutors on a per-diem basis as the need shall arise. This appointment authority shall include but not be limited to prosecutors to prosecute those matters where the Chief Municipal Prosecutor has determined that a conflict exists which prevents his office from prosecuting the offense.
[Added 10-10-2000 by Ord. No. 19-2000]
The duties of the Chief Municipal Prosecutor,
who shall have authority over the Municipal Prosecutor concerning
the performance of his duties, and the Municipal Prosecutor shall
be consistent with the applicable statutes, ordinances and court rules.
Duties of the Chief Municipal Prosecutor and Municipal Prosecutor
are defined with specificity by N.J.S.A. 2B:25-1 et seq., and are
applicable hereto. The Chief Municipal Prosecutor may receive, at
the Mayor's discretion, a stipend for the position's additional duties.
[Added 10-10-2000 by Ord. No. 19-2000]
Supervision of the Chief Municipal Prosecutor
and Municipal Prosecutor shall be consistent with the applicable statutes,
ordinances and court rules.
[Added 5-12-1986 by Ord. No. 8-1986; amended 7-15-1996 by Ord. No. 15-1996]
A.
There is hereby established the office of First Assistant
Corporation Counsel. The First Assistant Corporation Counsel shall
be a City official appointed by the Mayor and confirmed by the City
Council.
B.
The First Assistant Corporation Counsel, under the
supervision of the Corporation Counsel, shall perform such duties
as may be assigned by the Corporation Counsel, where the Corporation
Counsel is absent or unavailable, and perform such other duties as
the Mayor and/or City Council may from time to time prescribe.
C.
The First Assistant Corporation Counsel shall assist
the Corporation Counsel in the administrative handling of all matters
concerning all legal affairs pertaining to the City of East Orange.
These matters may include the review and drafting of all legal documents,
ordinances, resolutions, proclamations, contracts, bonds, deeds, leases
and stipulations entered into by the City of East Orange or for which
it has an interest.
D.
The First Assistant Corporation Counsel may, at the
direction of the Corporation Counsel, engage in any duties of the
Assistant Corporation Counsel(s). The Mayor may, in the absence of
the Corporation Counsel, appoint the First Assistant Corporation Counsel
as Acting Corporation Counsel.[1]
[1]
Editor's Note: Former § 5-32, Labor
Relations - Paralegal Specialist, of the 1980 City Code, which previously
followed this section, added 6-23-1986 by Ord. No. 27-1986, was repealed
11-13-1989 by Ord. No. 26-1989.
