[Adopted 11-22-1993 by Ord. No. R-20]
There is hereby created and established in the government of the City of Hoboken the office of the Corporation Counsel. The Corporation Counsel, either an individual or a law firm duly licensed to practice law in the State of New Jersey, shall be appointed by the Mayor. The Corporation Counsel shall be compensated either with an annual salary or on a fixed-fee basis or at an hourly rate and based upon actual time and expenses, within the budgetary constraints established by Council. The Corporation Counsel shall be permitted to maintain a private law practice, provided that the appointment as Corporation Counsel shall be given priority over private practice at all times without exception, so that there shall be no conflicts with the obligations as Corporation Counsel.
A.
The Corporation Counsel shall be the chief legal officer of the City and the attorney or solicitor 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. The Corporation Counsel shall advise all City officials and bodies on any matter relating to the City government when requested to do so and shall supervise the preparation of all contracts, deeds and other documents and all statutes, ordinances and resolutions referred to the office of Corporation Counsel for preparation.
B.
The Corporation Counsel shall institute an action when instructed to do so by the Mayor or the Council or upon the complaint of any other person when, in the Corporation Counsel's judgment, the public interest requires that the same should be prosecuted.
C.
Corporation Counsel may compromise, with the advice and consent of the Mayor and of the Committee on Finance of the Council, with the party complained of, either before or after an action shall have been brought for any violation of the City ordinances, where the penalty does not exceed $25 and where, in their judgment, the public interest does not require that an action should be prosecuted therefor.
D.
Corporation Counsel shall not bring an appeal in any action in which judgment shall have been given against the City, except by direction of the Mayor.
E.
If during the course of his or her duties being performed in accordance with this article, Corporation Counsel becomes aware of the potential that a City employee may be defrauding the New Jersey Workers' Compensation insurance system, Corporation Counsel shall ensure that any such evidence or information is transferred to the New Jersey Department of Labor and Workforce Development.
[Added 9-18-2019 by Ord. No. B-193]
The Mayor may appoint such Assistant Corporation Counsels, paralegals, law clerks, legal interns and clerical personnel, full-time and part-time, as may be required to assist the Corporation Counsel in the fulfillment of required duties and responsibilities, within the budgetary constraints established by the Council. Such Assistant Corporation Counsels shall be permitted to maintain private law practices, provided that the appointment as Assistant Corporation Counsel shall be given priority over private practice at all times without exception, so that there shall be no conflicts with the obligations as Assistant Corporation Counsel.
Nothing contained in this chapter shall be construed to prevent the Mayor, with the advice and consent of the Council, from engaging special counsel to undertake the conduct of any particular causes or other particular matter.
A.
Except as provided in § 54-37, the Corporation Counsel, upon written request of an employee of the City, shall provide for the defense of any legal action against such employee arising out of an act or omission within the scope of employment.
B.
For the purposes of this section, the Corporation Counsel's duty to defend shall extend to a cross action, counterclaim or cross complaint.
A.
The Corporation Counsel may refuse to provide for the defense of a legal action against an employee if the Corporation Counsel determines that:
(1)
The act or omission was not within the scope of employment;
(2)
The act or omission was one of fraud, actual malice or willful misconduct;
(3)
Legal defense by the Corporation Counsel would create a conflict of interest between the City and the employee;
(4)
The employee has failed to cooperate fully with the Corporation Counsel in his defense;
(5)
The employee fails to request, in writing, a legal defense; or
(6)
The action was brought by the City against the employee.
B.
Under circumstances where the factual predicate for a legal action against an employee cannot be ascertained with certainty, the Corporation Counsel may, in the exercise of Corporation Counsel's discretion, provide for the defense of a legal action against an employee under a reservation of rights. If the Corporation Counsel determines that the employee is not entitled to a legal defense at the City's expense, Corporation Counsel shall so notify the employee in writing.
Whenever the Corporation Counsel provides for the defense of an employee, the Corporation Counsel may assume exclusive control over the employee's defense, and the employee shall cooperate fully with the Corporation Counsel's defense.
A.
The Corporation Counsel may, at the Corporation Counsel's option, provide for legal defense of an employee by:
(1)
Assuming to provide the defense;
(2)
Assigning the defense to an Assistant Corporation Counsel;
(3)
Asserting the City's right to a defense under any appropriate insurance policy which requires the insurer to provide the defense; or
(4)
Where the employee's defense is not covered by any appropriate insurance policy, permitting the employee to engage private counsel approved by the Corporation Counsel and to be compensated at a rate as provided by the City Council by resolution.
B.
No employee shall be reimbursed for the expenses of a legal defense unless the Council, by resolution, has authorized the amount of reimbursement before the employee incurs any expenses in defense.
B.
Subject to Subsection C, in any legal action in which the defense of an employee is provided under a policy of liability insurance, the City shall indemnify the employee against any judgment or settlement to the extent not provided by such insurance.
C.
Nothing in this section shall authorize the City to pay punitive or exemplary damages assessed against an employee or any damages resulting from the commission of a crime, actual malice, actual fraud or willful misconduct.
