[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amended, was repealed 11-18-1998 by Ord.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.
[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repealed 9-19-2007.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.
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]
(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.
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.
[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.