[Adopted 12-28-1999 by Ord. No. 99-25R]
There is hereby created the office of Borough Attorney. Said attorney shall be appointed by the Mayor with the consent of the Council for a one-year term commencing January 1 of each year and ending on December 31 of that same year, or until his/her successor has been appointed. A person appointed as Borough Attorney must be admitted to practice law in the State of New Jersey for a period of no less than five years.
A. 
The Borough Attorney shall be the legal advisor of the Borough and shall render advice on all legal questions affecting the Borough whenever requested to do so by the Mayor and/or the Mayor and Council.
B. 
The Borough Attorney shall maintain records of all actions, suits, proceedings and any other matters with which the Borough Attorney is involved and issue monthly reports thereon. Upon the termination of the Borough Attorney's services with the Borough, the Borough Attorney shall, upon request, surrender to the duly appointed successor all Borough property, together with written consents to the substitution of counsel in any pending actions or proceedings.
[Amended 2-8-2005 by Ord. No. 05-02R[1]]
[1]
Editor's Note: This ordinance is retroactive to 1-1-2005.
A. 
The Borough Attorney shall serve as a part-time employee and shall receive a salary to be fixed by ordinance and/or resolution adopted by the Mayor and Council from time to time.[1] Said salary shall constitute compensation for all services set forth in the following section:
(1) 
Attendance at one agenda meeting of the Mayor and Council each month.
(2) 
Attendance at one public or regular meeting of the Mayor and Council each month.
(3) 
Attendance at special meetings of the Mayor and Council in a number not to exceed three in any one calendar year.
(4) 
Preparation of ordinances and amendments to ordinances, excluding extraordinary ordinances due to the novelty of the issue, the length of the ordinance and/or the unusual or specialized nature of the ordinance and specifically excluding general revision of this Code and the preparation of bond ordinances.
(5) 
Preparation of resolutions, as requested by the Mayor and/or Council.
(6) 
Review of all bids and/or contracts of the Borough, excluding any labor contracts, but not including wholesale revisions to the standard form of bid documents.
(7) 
Rendering of informal legal opinions as may be requested by the Mayor and/or Council.
(8) 
Rendering informal legal advice to the Mayor, the Council, the Borough Clerk, the Tax Assessor, the Tax Collector, the Chief Financial Officer, the Chief of Police, the Building Department, the Library Board, the Recreation Commission, the Fire Department, and such other agencies of the Borough, at the direction of the Mayor and/or the Mayor and Council.
(9) 
Review and preparation of any audit letters in response to requests of the Borough's auditor.
[1]
Editor's Note: See Ch. 86, Salaries and Compensation.
B. 
The Borough Attorney shall also perform, as a part-time employee for the salary to be fixed by ordinance as set forth in § 61-20A and/or for additional hourly compensation as authorized by resolution of the Mayor and Council and in accordance with a contract with the Borough, legal services on behalf of the Borough not described in Subsection A, including, but not limited to, the following:
[Amended 2-8-2005 by Ord. No. 05-02R[2]]
(1) 
Prosecution or defense of any and all suits and actions, whether in law, equity or administrative proceedings, to which the Borough may be a party or in which it may be interested, or proceedings in which any officer of the Borough in the capacity of such office may be a party.
(2) 
Attendance at any and all meetings other than those set forth in Subsection A above.
(3) 
Handling of any and all assessment and/or condemnation proceedings.
(4) 
Preparation of any extraordinary, specialized, or unusual ordinances not covered by Subsection A above.
(5) 
Preparation or revision of contracts or bid documents of the Borough.
(6) 
Preparation of any bond ordinances.
(7) 
Review of any bonds and financial undertakings of the Borough exclusive of notes and resolutions prepared in the ordinary course.
(8) 
Foreclosure of any tax title liens.
(9) 
Defense or prosecution of any tax appeals.
(10) 
Services as a labor-management negotiator.
(11) 
Preparation, revision, or review of any documents related to approvals issued by the Planning Board.
(12) 
Such other unusual or specialized projects requiring legal services beyond that contained in Subsection A above, provided such services are directed by the Mayor and/or the Mayor and Council, or the appropriate Borough agency or officer.
[2]
Editor's Note: This ordinance is retroactive to 1-1-2005.
C. 
In addition to the salary and/or compensation provided in Subsections A and B, the Borough shall reimburse the Borough Attorney for all out-of-pocket expenses, including, but not limited to, filing fees, duplication costs, travel expenses, mailing costs, computer charges, long distance and out-of-state telephone toll charges, expert fees, transcripts, etc. The Borough Attorney shall provide a monthly statement to the Mayor and Council for all services rendered in connection with Subsection B above.
[Amended 2-8-2005 by Ord. No. 05-02R[3]]
[3]
Editor's Note: This ordinance is retroactive to 1-1-2005.
D. 
The Borough Attorney shall maintain records of all actions, suits, proceedings and any other matters with which the Borough Attorney is involved and issue monthly reports thereon. Upon termination of the Borough Attorney's services with the Borough, the Borough Attorney shall surrender to the duly appointed successor all Borough property, together with written consents to the substitution of counsel in any pending actions or proceedings.