Atlantic City, NJ Article XIX City Solicitor [1]

[Added 1-11-2006 by Ord. No. 111-2005]

[1] Editor's Note: Former Art. XIX, Transitional Provisions, as amended, was repealed 11-18-1998 by Ord. No. 64-1998.

§ 4-85 (Reserved) [1]

[1] Editor's Note: Former § 4-85, Organization, was repealed 9-19-2007. Said Ord. No. 68-2007 was vetoed by the Mayor 10-1-2007 and passed on reconsideration by the Council 12-28-2007.

§ 4-86 Compensation and duties of City Solicitor.

A. Compensation of City Solicitor; City to bear legal fees and costs. The compensation of the City Solicitor shall be such sum annually as shall be fixed by ordinance. Legal fees and costs for which the City Solicitor may be liable as the legal representative of the City shall be borne by the City.

B. Duties of City Solicitor.

(1) The City Solicitor shall be the chief law officer of the City and the attorney of record in all proceedings wherein the City or any of its officers, boards, bodies or commissions, by reason of any suits growing out of their official position, shall be a party. He/she shall advise all City officials and bodies on any matters relating to the City government, when requested to do so. He/she shall supervise the preparation of all contracts, deeds and other documents and all statutes, ordinances and resolutions referred to the Law Department for preparation.

(2) The City Solicitor or his/her designee is required to respond to the City Council, in writing, within 30 days of the original request, as to the status of legislation requested by the City Council. Either a copy of said legislation or a status report on the preparation of said legislation should be forwarded to the City Clerk within the time designated above.

C. Limitation on power of City Solicitor to compromise. The City Solicitor shall not, without the approval of the City Council by resolution, be empowered to:

(1) The City Solicitor shall have authority to approve all final settlements up to $14,999. All final settlements from $15,000 up to $29,999 shall be presented to the Revenue and Finance Committee for recommendations to City Council. All final settlements of $30,000 and above shall be presented to City Council for approval.

[Amended 8-5-2009 by Ord. No. 44-2009]

(2) The amount (value) referred to in Subsection C(1) above and Municipal Code § 4-78B(4) and B(6) shall be adjusted consistent with N.J.S.A. 40A:11-3(b), which provides for a semiannual, odd-year adjustment of this amount.

(3) Permit, offer or confess judgment against the City; and

(4) Accept any offer of judgment in favor of the City.

(5) This subsection shall not operate to limit or abridge the discretion of the City Solicitor in regard to the proper conduct of the trial of any action or proceeding, or to deprive him/her of the powers and privileges ordinarily exercised in judicial proceedings by counsel acting for private clients.

D. Retention of special counsel. The City Solicitor is authorized, subject to the provisions of Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq. and within available appropriations, to retain such additional counsel to aid in the trial or argument of such actions, causes or proceedings of importance in which the City may be a party or be interested, as the City Solicitor may deem necessary.

E. Duties upon expiration of term.

(1) Upon the expiration of his/her term of office or his/her resignation or removal therefrom, the City Solicitor shall forthwith surrender to the several City officers charged with the custody thereof, all deeds, leases, conveyances, obligations, bonds, contracts, agreements, maps, reports and other papers in his/her possession belonging to the City. He/she shall deliver to his/her successor in office all legal papers and documents relating to the business of the City, together with a written consent of substitution of his/her successor in all actions then pending and undetermined in which the City is a party.

(2) Nothing in this section shall alter those existing obligations, pursuant to statutory provisions directing officials to deliver records upon expiration of term, see N.J.S.A. 2A:135-4 and N.J.S.A. 40A:5-20.

§ 4-87 Approval of deed and contracts.

No warrant shall be issued for the payment of any money from the City Treasury in any matter wherein a deed is necessary or under any contract to which the City is a party, unless the City Solicitor or his/her designee shall have endorsed in writing upon such deed or contract his/her approval as to form and legality.

§ 4-88 through § 4-91. (Reserved) [1]

[1] Editor's Note: Former § 4-88, Appointments within the Department of Law, was repealed 9-19-2007 by Ord. No. 68-2007. Said Ord. No. 68-2007 was vetoed by the Mayor 10-1-2007 and passed on reconsideration by the Council 12-28-2007.