[HISTORY: Adopted by the City Council of the City of Somers Point 1-27-2000
by Ord. No. 1-2000. Amendments noted where applicable.]
There shall be a Department of Law, the Director of which shall be the
City Attorney.
The City Attorney shall be appointed by City Council at its annual reorganization
meeting by resolution by a majority vote of its members, for the term of one
year, or such other term as is permitted by law and as Council may in its
discretion decide, commencing the first day of January of the year of appointment
and until a successor has been appointed and qualified. For purposes of the
appointment to this position, the attorney already appointed by City Council
as Municipal Solicitor for the current year in which this chapter is adopted
shall serve in the position of and be the City Attorney. The City Attorney
shall be an attorney at law of New Jersey, but need not be a resident of the
city. The City Attorney may be a part-time or full-time employee of the city
and receive a salary, as authorized by agreement and funded by ordinance,
and/or the City Attorney may be an independent contractor compensated for
his/her fees and costs for services rendered in sums or at rates agreed to
by the City Attorney and as deemed reasonable and approved by City Council.
The City Attorney shall have all the powers and perform all the duties
as are provided for the office of city attorney by New Jersey Statutes, general
law of the state, ordinances and resolutions of the city. This statement shall
not be construed in such a fashion so as to preclude City Council from engaging
other attorneys for special matters or assignments. By way of illustration,
but not by way of directive or limitation, City Council may choose to engage
special counsel for bond work, tax matters, special litigation or other special
matters, or City Council may elect to contract certain services to a state-qualified
joint insurance fund that chooses its own attorneys for its contract work.
Otherwise, the City Attorney shall represent the city in all matters and in
all judicial and administrative proceedings in which the city or any of its
officers or agencies may be a part or may have an interest. The City Attorney
shall also give legal counsel and advice where required or when requested
by City Council, or any member thereof, and shall in general serve as the
legal advisor to City Council and the officers of the city on all matters
of city business. The general powers and duties of the City Attorney may,
by way of further illustration, but not by way of limitation, include within
the scope of such powers and duties:
A.
Review and/or preparation of contracts, agreements, bond
documents, notes, performance bonds, letters of credit or similar financial
documents, deeds, leases, easements, mortgages, title documents and other
real estate documents, bills of sale, transfer documents, bid or specification
documents, resolutions, ordinances and other documents of action by City Council
and the other officers of the city pertaining to or touching upon the legal
affairs of the city.
B.
All aspects of the handling of court or administrative
lawsuits and proceedings by, against or involving the city, including but
not limited to all pleadings, preparation for and attendance at motions, hearings,
arbitrations, mediations, panel proceedings, conferences, trials, appeals
and, subject to approval by City Council, the compromise, settlement or dismissal
of such matters.
C.
Attendances at all real estate closings, regular and
special City Council meetings (or meetings of other city agencies as requested
and with approval of City Council) and conferences with City Council and its
committees, or any member, and any other city officer as requested and with
the approval of City Council. This may also include attendances by the City
Attorney at conferences, meetings or events away from city facilities or away
from the city, as a representative of the city, on request and with approval
of City Council.
D.
All office work, phone calls and other activities necessary
to accomplish the duties of the City Attorney.
E.
All claims monitoring and administrative and legal processing
relative to claims against the city in coordination with any city self-insurance
or joint insurance fund plan, with periodic status reports to City Council
as may be requested by it.
F.
All legal research, preparation and drafting of legal
memorandums and reports as requested and authorized by City Council, or any
member, or any city officer with the approval of City Council, or a member,
in the administration of municipal affairs.
G.
The supervision and the direction of the work of other
attorneys in the Department of Law and any additional attorneys and technical
and professional assistances as the Council may authorize for special or regular
employment in or for the city except where indicated hereafter or as may be
excepted by City Council.
There is hereby created within the Department of Law the office of City
Prosecutor-Assistant City Attorney. For purposes of appointment to this position,
the attorney already appointed by City Council as Municipal Prosecutor for
the current year in which this chapter is adopted shall serve in the position
of and be the City Prosecutor-Assistant City Attorney. The City Prosecutor-Assistant
City Attorney shall be an attorney at law of the State of New Jersey who shall
be appointed by resolution by City Council at its annual reorganization meeting
by a majority vote of its members. The term of the City Prosecutor-Assistant
City Attorney shall commence on the first day of January of the year of appointment
and shall continue for a period of one year, or such other term as is permitted
by law as Council may in its discretion decide, and until a successor has
been appointed and qualified. The City Prosecutor-Assistant City Attorney
shall prosecute on behalf of the state or the city any case to be tried before
the Municipal Court whenever requested to do so by the Judge, the Chief of
Police or the City Attorney, and shall assume any and all duties as may from
time to time be assigned to the office of City Prosecutor-Assistant City Attorney
by charter, administrative code, the general and inherent police powers of
the city as exercised by City Council or any rule, regulation, resolution
or ordinance adopted or promulgated by City Council. The salary, compensation,
employment or engagement of the City Prosecutor-Assistant City Attorney may
be agreed to between the City Prosecutor-Assistant City Attorney and City
Council in similar fashion as the method above described for the office of
City Attorney. The City Prosecutor-Assistant City Attorney shall assist the
City Attorney in the performance of the latter's duties at the direction
of the City Attorney.
There is hereby created within the Department of Law a Substitute Prosecutor
who shall be appointed by City Council for a term not in excess of one year.
The salary, compensation, employment or engagement of the Substitute Prosecutor
may be agreed to between the Substitute Prosecutor and City Council in similar
fashion as the method above described for the positions of City Attorney and
City Prosecutor-Assistant City Attorney. The Substitute Prosecutor shall be
an attorney at law of the State of New Jersey and shall serve as Prosecutor
in any matter assigned by the City Prosecutor where there would be a conflict
of interest for the City Prosecutor to handle the matter.
There is hereby recognized by the Department of Law for administrative
purposes, but independent in every way from the Department of Law, the office
of Planning Board Attorney. The Planning Board is authorized by statute to
and shall annually appoint and fix the compensation of, or agree upon the
rate of compensation for, the Planning Board Attorney in an amount not exceeding
the amount appropriated by Council for that purpose. City Council shall or
may authorize additional compensation for the handling of special, unexpected
or time-consuming matters, including litigated matters. The Planning Board
Attorney shall be an attorney licensed in the State of New Jersey but shall
not serve as another attorney in the Department of Law.
There is hereby recognized by the Department of Law for administrative
purposes, but independent in every way from the Department of Law, the office
of Zoning Board of Adjustment Attorney. The Zoning Board of Adjustment is
authorized by statute to and shall annually appoint and fix the compensation
of, or agree upon the rate of compensation for, the Zoning Board of Adjustment
Attorney in an amount not exceeding the amount appropriated by Council for
that purpose. City Council shall or may authorize additional compensation
for the handling of special, unexpected or time-consuming matters, including
litigated matters. The Zoning Board of Adjustment Attorney shall be an attorney
licensed in the State of New Jersey but shall not serve as another attorney
in the Department of Law.
There is hereby created within the Department of Law for administrative
purposes, but independent in every way from the Department of Law, a City
Public Defender, who shall be appointed by City Council for a term of one
year. For purposes of appointment to this position, the attorney already appointed
by City Council as Municipal Public Defender for the current year in which
this chapter is adopted shall serve in the office of and be the City Public
Defender, The salary, compensation, employment or engagement of the City Public
Defender may be agreed to between the City Public Defender and City Council
in similar fashion as the method above described for the office of City Attorney
and City Prosecutor-Assistant City Attorney. The City Public Defender shall
be an attorney at law of the State of New Jersey and shall represent those
defendants appearing in Municipal Court who are determined by the Court to
be indigent and whose representation is assigned to the City Public Defender
by the Court.
All pertinent current correspondence and pleadings, and other pertinent
documents and records, relating to the performance of the duties of the attorneys
of the Department of Law, or other special attorneys employed or engaged by
City Council for any reason, shall be and remain city property. Any attorney
departing the Department of Law for any reason, and any other attorney specially
employed or engaged by City Council for any reason, shall promptly surrender
such property to the city and supply the appropriate attorney in the Department
of Law with a signed substitution of attorney for any matter then pending
in any Court or administrative proceeding.
