SENATE, No. 683

 

STATE OF NEW JERSEY

 

INTRODUCED FEBRUARY 5, 1996

 

 

By Senator LaROSSA

 

 

An Act authorizing the appointment of a council attorney in municipalities governed under the "mayor-council plan" of the Optional Municipal Charter Law and supplementing P.L.1950, c.210 (C.40:69A-1 et seq.).

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. The council may appoint a council attorney, who shall serve as attorney of the council, render legal advice to the council and perform such functions as the council may require.

 

    2. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill authorizes the council in municipalities operating under the "mayor-council plan" of the Optional Municipal Charter Law, P.L.1950, c.210 (C.40:69A-1 et seq.), to appoint an attorney to solely represent the interests of the legislative branch of government. In Robertson v. Washington Tp. Council, 200 N.J.Super. 481 (Law Div. 1985), the court held that a municipal ordinance creating the office of attorney for council was invalid.

    The "mayor-council plan" form of government consists of two separate and coequal power centers. Because the mayor in municipalities operating under this form of government has the power to appoint the municipal attorney, the municipal attorney may owe allegiance to the mayor and at times when issues are in dispute between the two branches of government, may not be able to effectively advise both sides. Allowing the council to appoint its own attorney will assure that both branches of government will have adequate legal representation.

 

 

Authorizes appointment of council attorney in certain municipalities.