[Adopted 12-28-1999 by Ord. No. 99-25R]
The position of Borough Prosecutor in the Fanwood Municipal Court is hereby established. Such person shall be appointed by the Mayor with the consent of the Council for a one-year term from January 1 of each year, ending on December 31 of the same year, or until his/her successor has been appointed.
A. 
The Borough Prosecutor shall be an attorney at law of the State of New Jersey in good standing and shall serve under the supervision of the Attorney General of the State of New Jersey and/or the Union County Prosecutor and shall represent the State of New Jersey, County of Union and/or the Borough in the prosecution of all offenses, except for zoning violations, within the jurisdiction of the Fanwood Municipal Court. The Borough Prosecutor may be removed by the Mayor and Council for good cause shown and after a public hearing, and upon due notice and an opportunity to be heard. Any vacancy in the office of Borough Prosecutor shall be filled in accordance with §§ 15-14 and 15-15 of the Borough Code for the unexpired portion of the Borough Prosecutor's term. Vacancies shall be filled as soon as practicable, but in no event later than 30 days from the office becoming vacant.
[Amended 4-13-2000 by Ord. No. 00-02R]
(1) 
The Borough Prosecutor shall be responsible for handling all phases of the prosecution of an offense, including but not limited to discovery, pretrial and post-trial hearings, motions, dismissals, removals to Federal District Court and other collateral functions authorized to be performed by law or Rule of Court. As used in this Subsection A(1), the term "post-trial hearing" shall not include de novo appeals in Superior Court.
(2) 
Prosecution of complaints by private attorneys; unrepresented defendants.
(a) 
The Borough Prosecutor, with the approval of the Borough Judge and pursuant to the Rules of Court:
[1] 
May authorize private attorneys to prosecute citizen complaints filed in the Fanwood Municipal Court; and
[2] 
May decline to participate in the Fanwood Municipal Court proceedings in which the defendant is not represented by counsel.
(b) 
Prior to making a determination pursuant to Subsection A(2)(a)[1] and [2] herein, the Borough Judge shall afford the citizen complainant the opportunity to be heard.
(c) 
In the case of Subsection A(2)(a)[2] herein, the prevailing complainant may make an application to the Fanwood Municipal Court for counsel fee reimbursement to be paid out of applicable fines, but not in excess of such applicable fines.
(3) 
If a conflict of interest precludes the Borough Prosecutor from participating in a proceeding, the Borough Judge shall excuse the Borough Prosecutor and may request the Union County Prosecutor to provide representation unless the Borough has provided for alternative representation.
(4) 
The Borough Prosecutor may at any time move to amend or dismiss any complaint for good cause shown in accordance with the Rules of Court.
B. 
The Borough Prosecutor shall also appear before the Mayor and Council sitting as the local Alcoholic Beverage Commission upon request of the Mayor and Council to prosecute the violation of any provisions of the Alcoholic Beverage Control Laws of the State of New Jersey[1] or of the Borough which may be within the Borough's jurisdiction.
[1]
Editor's Note: See N.J.S.A. 33:1-1 et seq.
[Amended 2-8-2005 by Ord. No. 05-02R[1]]
The Borough Prosecutor 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. In addition, the Borough Prosecutor shall enter into a contract with the Borough and shall be compensated at an hourly rate to be established by resolution of the Mayor and Council for prosecuting violations of the Alcoholic Beverage Control Law, appeals to the Division of Alcoholic Beverage Control or for any appeals to the Superior Court of New Jersey.
[1]
Editor's Note: This ordinance is retroactive to 1-1-2005.
[Added 12-28-2000 by Ord. No. 00-18R]
A. 
At the time of his appointment and as may be necessary thereafter, the Borough Prosecutor shall designate one or more Deputy Borough Prosecutors, subject to the approval of the Mayor and the consent of Council, who shall fulfill the duties of the Borough Prosecutor in the event that the Borough Prosecutor shall be temporarily unable to perform his duties because of disability, illness, vacation or other reasons of temporary absence or because a conflict of interest precludes the Borough Prosecutor from participating in a proceeding.
B. 
The Deputy Borough Prosecutor must meet the qualifications of § 15-15 and be duly sworn as a prosecutor.
C. 
The Deputy Borough Prosecutor shall be compensated by the Borough Prosecutor in accordance with an agreement reached between them.