A.
There shall be a Department of Law, the head of which
shall be the Director of Law, also known as the "Corporation Counsel."
Prior to his appointment, the Director of Law shall have been admitted
to the practice of law in this state for at least five years.
B.
The Director of Law and the professional assistants
in the Department shall receive annual salaries as established by
ordinance, to be paid as all other salaries are paid.
A.
The Director of Law (Corporation Counsel) shall be
the legal adviser to the Mayor, the Council and all City departments,
boards, commissions, authorities and agencies except as may be otherwise
provided by the charter or ordinance.
B.
He shall enforce all laws and protect the interests
of the City and shall prosecute and defend actions and proceedings
by and against the City and every City department, board, commission,
authority and agency thereof except as may be otherwise provided by
the charter or ordinance.
C.
In furtherance of these general powers, and without
limitation thereto, he shall:
(1)
Advise the Council or its committees or any City official,
when required, upon all legal questions arising in the conduct of
City business.
(2)
Prepare or revise ordinances when so requested by
the Council or any committee thereof.
(3)
Give his opinion upon any legal matter or question
submitted to him by the Council or any of its committees or by any
City officer.
(4)
Personally or by a representative attend all Council
meetings for the purpose of giving the Council any legal advice requested
by its members.
(5)
Prepare all contracts and instruments when the City
is a party, and approve all bonds to be submitted to the City.
(6)
Prepare, when authorized by the Council or other City
authority, all charges or complaints against and shall appear in the
appropriate court in the prosecution of every person charged with
a violation of a City ordinance, statute, rule or regulation.
(7)
Immediately report the outcome of any litigation in
which the City has an interest to the Council and to the City official
having control of the subject matters of litigation.
(8)
Make an annual report to the Council as of the second
day of January of each year of all impending litigation in which the
City has an interest and the condition thereof.
[Amended 2-14-1986 by Ord. No. 86-009]
A.
The Director shall appoint a Deputy Director, who
shall be designated as the First Assistant Corporation Counsel, a
Second Assistant Corporation Counsel, six Assistant Corporation Counsels
and two legal assistants, each of them to serve during the term of
the Director appointing them.
B.
Prior to their appointment, each of them shall have
been admitted to the practice of law in this state for at least three
years except that the requirement for three years' admission to the
practice of law in this state may be waived by the Director with the
approval of the Mayor for the position of legal assistant.
C.
The Director shall designate from and amongst the
professional assistants designated as Assistant Corporation Counsels
a Chief Municipal Prosecutor and such Assistant Municipal Prosecutors
not in excess of the total number of professional assistants authorized
by the ordinance codified in this section. Designation as Chief Municipal
Prosecutor or Assistant Municipal Prosecutor shall be pursuant to
P.L. 1996, c. 95, § 14.[1]
[Amended 3-11-1997 by Ord. No. 97-012]
[1]
Editor's Note: See N.J.S.A. 2B:12-27.
The Deputy Director of Law (First Assistant
Corporation Counsel) shall perform such duties as the Director of
Law may direct or prescribe and, during the absence or disability
of the Director of Law, shall possess all of the powers and perform
all the duties of the Director of Law.
Whenever he deems that the interests of the
City so require, the Director of Law may, with the approval of the
Mayor and within the limits of available appropriations, appoint special
counsel to assist him in the handling of such legal affairs of the
City as he may determine. If the Director of Law and his staff shall
be disqualified with respect to any matter, the Mayor shall appoint
special counsel to represent the City for and with respect to such
matter.
