[Adopted 9-28-2016 by Ord. No. 2016-21]
There is hereby created the position of Municipal Attorney.
The Municipal Attorney shall be appointed by the Mayor, with
the advice and consent of the Borough Council, and shall serve a term
of office of one year commencing on January 1 of the year of appointment
and ending on December 31, or until a successor shall be appointed
and qualified.
The Municipal Attorney shall be a duly licensed attorney-at-law
of the State of New Jersey.
The duties of the Municipal Attorney shall be as follows:
A.
The Municipal Attorney shall represent the Borough in all legal matters
and shall advise and assist the Mayor, the Council, and various department
and division directors as may be required. The Municipal Attorney
shall attend meetings of the Council, draft ordinances and resolutions
and give opinions and rulings on questions of law which may arise
at Council meetings. The Municipal Attorney shall prepare or approve
all legal instruments relating to the business of the Borough and
shall represent the Borough in any litigation and conduct trials,
appeals and other proceedings in which the Borough is interested as
the attorney may, in his or her discretion, determine to be necessary
or desirable, or as directed by the Mayor or Council;
B.
The Municipal Attorney shall have the power to enter into any agreement,
compromise or settlement of any litigation in which the Borough is
involved, subject to the approval of Council;
C.
Wherever he or she deems the interest of the Borough so to require,
the Municipal Attorney may, with the approval of the Mayor and within
the limits of available appropriations, appoint special counsel to
assist the Municipal Attorney in the handling of any legal matter.
If the Municipal Attorney should be disqualified with respect to any
matter, the Mayor may, with the approval of the Council, appoint special
legal counsel to represent the Borough for and with respect to such
matter;
D.
The Municipal Attorney may designate another Attorney from their
office, who shall be a duly licensed attorney-at-law of the State
of New Jersey, to assist the Municipal Attorney in the handling of
the aforementioned duties at the Municipal Attorney's request, or
whenever the Municipal Attorney is temporarily unable to fulfill their
role.
