[Adopted as Ch. 17, Art. II, of the 1973 Code]
An attorney at law of the State of New Jersey duly licensed
to practice law in the State of New Jersey shall be appointed annually
or for such term as provided by law to act as Borough Attorney.
The Borough Attorney shall perform the duties imposed by statute
upon the legal adviser of Boroughs by whatever title or description
such officers may be designated, and he shall be the legal adviser
of the Mayor and Council and of the head of each Borough department
in all official matters. He shall prosecute and defend all legal or
equitable actions or proceedings in any court of the State of New
Jersey in which the Borough or any officer thereof as such is interested
when so ordered by the Mayor and Council and shall appear therein
as attorney and counsel for the Borough. He shall from time to time,
when required, advise the Mayor and Council and its committees and
officers respectively upon all Borough matters which may be submitted
to him for his opinion and draw all such ordinances, resolutions,
legislative bills and other official documents as may be required
of him by the Mayor and Council or any committee thereof.
The Borough Attorney shall institute an action or proceeding
in the name of the Borough or otherwise whenever instructed so to
do by the Mayor and Council or by any authorized committee thereof
and upon complaint of any responsible person when in his judgment
the public interest requires that the same be prosecuted; and he may
institute action or proceedings for violation of any Borough ordinance.
By consent of the Mayor or of the Chairman of the Legal Committee,
the Borough Attorney may compromise at any time any action for violation
of any Borough ordinance, and, by consent of the Mayor and Council,
he may compromise any other action, suit, proceeding or controversy
to which the Borough or any officer thereof is a party. He shall not
appeal any action or proceeding in which judgment has been rendered
against the Borough except by the direction of the Mayor and Council.
The Borough Attorney shall keep records of all actions, suits
and proceedings which he prosecutes or defends as counsel to the Borough
and itemized accounts of all money received or disbursed by him as
such official and shall promptly pay over to the Borough Treasurer
any and all money coming into his hands for the use of the Borough.
He shall also report in detail to the Mayor and Council, whenever
so directed by it, all such receipts and disbursements, together with
the titles and particulars of each and every action, suit or proceeding
then pending and undetermined in which the Borough is interested,
and shall act in regard thereto in such manner as the Mayor and Council
may direct.
[Amended 9-12-1990 by Ord. No. 90:09]
A.
The Borough Attorney shall receive as salary such sum as may be fixed
from time to time by the Annual Salary Ordinance of the Borough, payable
in equal monthly installments. Said salary shall be in full compensation
for all usual, ordinary and routine legal work imposed upon the Borough
Attorney by statute. An annual retainer for meetings shall be provided,
with all other legal work, including litigation, to be compensated
at an hourly rate. Both the annual retainer and the hourly rate shall
be set by the Annual Salary Ordinance.[1]
B.
He shall be entitled to receive and retain all taxable costs in any
action, suit or proceeding which may be conducted or defended by him
as such counsel and shall be reimbursed by the Borough for all disbursements
made and expenses incurred in the performance of his duty as may from
time to time be authorized by resolution of the Mayor and Council.
Upon the expiration of his term of office, which is fixed by
statute, he shall deliver forthwith to his successor in office all
legal instruments, contracts and other documents then in his hands
as counsel to the Borough and all papers in actions in which the Borough
is interested then pending and undetermined. He shall likewise at
such time account for any pay unto the Borough Treasurer for all money,
if any, then in his hands belonging to the Borough.[1]
