Borough of Paramus, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Paramus 2-22-1972 by Ord. No. 72-5 (Ch. 2, Art. 6, of the 1969 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Municipal Court — See Ch. 25.
Code of Ethics — See Ch. 37.
There is hereby established a Legal Department for the Borough.
The Legal Department shall consist of a Borough Attorney and legal assistants designated as follows:
A. 
Legal Assistant - Public Defender (two).
[Added 11-24-1992 by Ord. No. 92-23]
B. 
Legal Assistant - Board of Adjustment.
C. 
Legal Assistant - Planning Board.
D. 
Legal Assistants - Prosecutors (two).
E. 
Other legal assistants or special counsel as from time to time may be designated by the governing body.
The Borough Attorney and the legal assistants designated in § 81-2D and E shall be appointed by the governing body in accordance with the provisions of applicable New Jersey statutes. The term of the Borough Attorney and Legal Assistant - Prosecutors shall be for one year or such shorter term as the governing body may designate and until the appointment and qualification of their successors. The Legal Assistant - Board of Adjustment and the Legal Assistant - Planning Board shall be appointed by their respective Boards for terms of one year or such shorter term as the Boards may designate and until the appointment and qualification of their successors.
The Borough Attorney and the legal assistants shall be members in good standing of the New Jersey Bar.
The duties of the Borough Attorney shall be as follows. He shall:
A. 
Administer and coordinate the personnel of the Legal Department, subject to the provisions of §§ 81-6 and 81-7.
B. 
Attend all public meetings of the governing body and such executive meetings as he may be requested to attend by the governing body.
C. 
Prepare or supervise the preparation of all ordinances, resolutions, contracts and other legal documents pertaining to the Borough.
D. 
Advise and furnish legal opinions when requested by the governing body or the Municipal Administrator and keep a complete record thereof.
E. 
Submit current progress reports to the governing body on the status of any litigation in which the Borough is a party in interest.
F. 
Keep the governing body informed as to newly enacted legislation by other governmental bodies and judicial decisions which, in his judgment, could materially affect the operations or interests of the Borough.
G. 
Give advice in connection with legal problems to any departments or boards of the Borough to whom a legal assistant is not specifically assigned.
H. 
Unless otherwise directed by the governing body, be the attorney of record in all actions or proceedings in any court or before any board wherein the Borough is a party in interest.
I. 
Perform all legal services necessary, other than those services performed by special bond counsel, in connection with the financing and construction of capital projects pursuant to bond ordinances adopted by the Borough.
J. 
Perform such other special services as may be from time to time assigned to him by the governing body.
The duties of the Legal Assistant - Board of Adjustment shall be as follows. He shall:
A. 
Attend all meetings of the Board of Adjustment. He shall furnish legal opinions to and prepare or supervise and approve for said Board all resolutions and necessary legal documents as may be requested by the Board.
B. 
In any matters pertaining to the policy and official action of the Board of Adjustment, have the status of independent counsel for the Board, free from any supervision by the Borough Attorney. He shall represent the Board of Adjustment in any litigation in which the Board of Adjustment is the sole municipal body involved in the litigation.
C. 
Keep the Borough Attorney informed as to the status of significant applications and legal matters concerning the Board of Adjustment and shall provide assistance to the Borough Attorney when specifically requested to do so by the governing body.
The duties of the Legal Assistant - Planning Board shall be as follows. He shall:
A. 
Attend all meetings of the Planning Board. He shall furnish legal opinions to and prepare or supervise and approve for said Board all resolutions and necessary legal documents as may be requested by the Board.
B. 
In any matters pertaining to the policy and official action of the Planning Board, have the status of independent counsel for the Board, free from any supervision by the Borough Attorney. He shall represent the Planning Board in any litigation in which the Planning Board is the sole municipal body involved in the litigation.
C. 
Keep the Borough Attorney informed as to the status of significant applications and legal matters concerning the Planning Board and shall provide assistance to the Borough Attorney when specifically requested to do so by the governing body.
The duties of Legal Assistant - Prosecutors shall be as follows. They shall:
A. 
Be responsible for the preparation and prosecution of all proceedings in the Borough Municipal Court in which the Borough is a party in interest, in accordance with schedule and assignments approved by the Borough Attorney.
B. 
Furnish assistance and instruction in matters of Court procedure to all Borough personnel charged with the responsibility for enforcement of Borough ordinances and assist personnel of the Municipal Court in the preparation of legal papers pertaining to the business of such Court.
C. 
Keep the Borough Attorney informed as to the status of significant legal matters before the Municipal Court and shall provide assistance to the Borough Attorney when specifically requested to do so by the governing body.
All legal papers and documents pertaining to Borough legal matters shall remain the property of the Borough, and when any member of the Legal Department ceases to be such a member, he shall return all such papers and documents to the Borough; provided, however, that nothing in this section shall be construed to prevent the Borough Attorney or any legal assistant from retaining copies of such documents.
The Borough Attorney and the legal assistants shall enter into written agreements with the Borough defining their respective duties and prescribing the compensation therefor, which compensation shall be authorized by budgets heretofore and hereafter adopted by the Borough. The governing body may authorize by resolution the payment of extra compensation to the Borough Attorney and legal assistants whenever appropriate.
Whenever any Borough legal responsibilities shall require the Borough Attorney or legal assistant to travel outside of the Borough, pursuant to authorization of the governing body, he shall be reimbursed for his reasonable traveling expenses. He shall also be reimbursed for all filing fees and other disbursements or expenses necessary in connection with the handling of the Borough's legal business.
The Borough Attorney shall, upon authorization by the governing body, retain special counsel approved by the governing body to represent the Borough in any litigation or other matters when the retention of special counsel is determined to be in the interest of the Borough.
All members of the Borough Legal Department shall perform their respective duties in accordance with Chapter 37, Ethics, Code of, and the ethical standards of the legal profession.
In the event of illness or any other unforeseen occurrences which prevent the Borough Attorney or the legal assistants from the performance of their duties hereunder, the Borough Attorney, with the consent of the governing body, or the legal assistants, with the consent of the Borough Attorney, may designate substitute attorneys, but in no event shall such designations exceed a period of 30 days without the express consent of the governing body.