[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.]
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:
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.
