[Adopted 12-16-1975 by Ord. No. 1046 as Sec. 2-16 of the Revised General Ordinances]
The Department of Law is hereby created in and for the Borough of Bergenfield.
The following offices are hereby created and established within the Department of Law: Borough Attorney, the Borough Prosecutor, the Attorney for the Board of Adjustment, the Attorney for the Planning Board and the Attorney for the Rent Leveling Board.
The Borough Attorney, the Borough Prosecutor and the Attorney for the Rent Leveling Board shall be appointed in the manner set forth in N.J.S.A. 40:87-15 and 40:87-16.[1] The Attorney for the Board of Adjustment shall be appointed in the manner set forth in N.J.S.A. 40:55D-71, and the Attorney for the Planning Board shall be appointed in the manner set forth in N.J.S.A. 40:55D-24. All such attorneys shall be graduates of law schools duly accredited by the American Bar Association, and shall be admitted to practice law in the State of New Jersey. No attorney appointed as set forth above shall be required to be a resident of the Borough.
[1]
Editor's Note: N.J.S.A. 40:87-15 and 40:87-16 were repealed by L. 1987, c. 379, § 1, effective 1-1-1988.
A. 
Borough Attorney. The Borough Attorney shall be the chief legal adviser to the Mayor and Council. He shall represent the Mayor and Council and other officers and employees of the Borough in legal proceedings whenever authorized by the Mayor and Council. The Borough Attorney, or his designated representative, shall attend meetings of the Council unless excused by the Mayor for good cause. The Department of Law shall be under the supervision of the Borough Attorney, who shall, from time to time, at the direction of the Mayor and Council, report to the Mayor and Council concerning the activities of the Department. Such reports shall be without additional compensation as hereinafter set forth. The Borough Attorney shall be deemed to be the liaison officer between the Mayor and Council and all the other legal officers of the Department of Law.
B. 
Borough Prosecutor. The Borough Prosecutor shall be responsible for the preparation and prosecution of all proceedings in the Borough Municipal Court. He shall furnish assistance and instruction in matters of court procedure to all Borough personnel charged with the responsibility for enforcement of Borough ordinances, and shall assist personnel of the Municipal Court in the preparation of legal papers pertaining to the business of the Court.
C. 
Rent Leveling Board Attorney. The Attorney for the Rent Leveling Board shall provide legal advice to said Board and shall attend all public meetings and such executive meetings as may be requested by the Chairman of the Board. He shall represent the Rent Leveling Board in the courts of the State of New Jersey and the United States of America whenever the Board is the sole party to a legal action, and in such other legal actions as may be authorized by the Mayor and Council. He shall perform such other duties as are required by the Department of Law.
D. 
Board of Adjustment Attorney. The Attorney for the Board of Adjustment shall attend all meetings of the Board of Adjustment and shall furnish legal opinions to and prepare, supervise and approve all resolutions and necessary legal documents as may be requested by the Board. In matters pertaining to the policy and official action of the Board of Adjustment, he shall 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 and shall represent the Borough in such other matters as may be authorized by the Mayor and Council.
E. 
Planning Board Attorney. The Attorney for the Planning Board shall attend all meetings of the Planning Board and shall furnish legal opinions to and prepare or supervise and approve all resolutions and necessary legal documents as may be requested by the Board. In all matters pertaining to the policy and official action of the Planning Board, he shall 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 and in such other matters as may be authorized by the Mayor and Council.
A. 
Reports. The Borough Prosecutor, the Attorney for the Board of Adjustment, the Attorney for the Planning Board and the Attorney for the Rent Leveling Board shall file monthly reports with the Borough Attorney describing the status and progress of all pending matters within the control of each such officer.
B. 
Compensation. All the legal officers of the Department of Law shall enter into agreements with the Borough defining their respective duties and prescribing the compensation therefor. Any of the aforesaid attorneys shall not receive a fixed salary but shall be paid such retainer and such fees and charges as shall be determined to be reasonable and as may be agreed upon and authorized by the Mayor and Council.