Asbury Park
NJ

Ordinance
2017-4

An Ordinance Amending and Supplementing Chapter II “Administration”, Article V “Departments and Division”, Subsection 2-7 “Law Personnel”, of the Revised General Ordinances of the City of Asbury Park, Monmouth County, State of New Jersey

Information

Department:City ManagerSponsors:
Category:General Ordinances

Attachments

  1. Printout

Body

NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Asbury Park, that Chapter II “Administration”, Article V “Departments and Division”, Subsection 2-7 “Law Personnel” of the Ordinances of the City of Asbury Park is hereby amended and that those portions of the aforesaid set forth below are hereby amended as follows and that those portions of the Ordinance not set forth below shall remain unchanged:

2-7.1              Positions Created.

              There are hereby created the positions of City Attorney, Municipal Prosecutor, Municipal Public Defender, and Code Enforcement Prosecutor (collectively, the City’s “law personnel”). In addition to the law personnel positions referenced, the Mayor and Council may appoint such other special counsels as they deem necessary who shall serve at the pleasure of the Mayor and Council.  The Mayor and Council shall appoint the City Attorney and all special counsels.  All other staff appointments shall be made by the City Manager if such positions are created by the Mayor and Council and the appointees shall serve at the pleasure of the City Manager. All non-staff appointments are to be made by the Mayor and Council (2000 Code §2-7.1; New)

2-7.2              City Attorney.

The City Attorney shall be appointed on an annual basis for a term of one (1) year or until a successor is duly appointed and qualified, and shall serve at the pleasure of the Mayor and Council. (2000 Code §2-7.1; New)

2-7.3              Municipal Prosecutor.

              The Municipal Prosecutor shall be appointed by the City Manager if the position is defined as a staff position as per Federal and State regulations.  If this position is not a staff position and is qualified as a consultant, then the Mayor and Council shall appoint an attorney to the position for a term of one (1) year or until a successor is duly appointed and qualified. Dependent on the nature of the appointment, there shall be at least one (1) Alternate Prosecutor appointed. The Municipal Prosecutor shall perform those duties as prescribed under N.J.S.A. 2B:25-5. (N.J.S.A. 2B:25-1 et seq.)

2-7.4              Municipal Public Defender; Application Fee.

              The Municipal Public Defender shall be appointed by the City Manager if the position is defined as a staff position as per Federal and State regulations. If this position is not a staff position and is qualified as a consultant, then the Mayor and Council shall appoint an attorney to the position for a term of one (1) year or until a successor is duly appointed and qualified. The Municipal Public Defender shall perform those duties prescribed under N.J.S.A. 2B:24-6.

              The Public Defender shall receive a salary if a staff position or a contract if appointed by the Mayor and Council. The Public Defender shall represent defendants in the Municipal Court as directed by the Judge of the Municipal Court. Any person applying for representation by a Municipal Public Defender shall be required to pay an application fee of not more than two hundred ($200.00) dollars. The Municipal Court may waive any required application fee, in whole or in part, if the court determines, in its discretion, that the application fee represents an unreasonable burden on the person seeking representation.

(2000 Code § 2-35.9; Ord. No. 2673; N.J.S.A. 2B:24-6; New)

2-7.5              Code Enforcement Prosecutor.

              The Code Enforcement Prosecutor shall be appointed by the City Manager if the position is defined as a staff position as per Federal and State regulations.  If this position is not a staff position and is qualified as a consultant, then the Mayor and Council shall appoint an attorney to the position for a term of one (1) year or until a successor is duly appointed and qualified.  The Code Enforcement Prosecutor shall prosecute code violations on behalf of the City. 

2-7.6              Other Appointments.

              The City Manager may make such other appointments for such positions as created by the Mayor and Council, if the position(s) are defined as staff positions as per Federal and State regulations. (New)

2-7.7              Compensation.

              Compensation shall be set by salary ordinance (for staff positions) and/or by contract (for consultant positions) approved by the Mayor and Council. (2000 Code §2-7.2; New)

 

Meeting History

Jan 25, 2017 7:00 PM  Municipal Council Regular Meeting

Public hearing is scheduled for February 8, 2017.

RESULT:INTRODUCED [UNANIMOUS]Next: 2/8/2017 7:00 PM
MOVER:Jesse Kendle, Councilmember
SECONDER:Eileen Chapman, Councilmember
AYES:Eileen Chapman, Yvonne Clayton, Jesse Kendle, Amy Quinn, John Moor
Feb 8, 2017 7:00 PM  Municipal Council Regular Meeting

Motion made by Deputy Mayor Quinn and seconded by Council Member Chapman to open Ordinance 2017-4 to the public.

No one from the public spoke.

Motion made by Deputy Mayor Quinn and seconded by Council Member Clayton to close Ordinance 2017-4 to the public.

RESULT:ADOPTED [UNANIMOUS]
MOVER:Yvonne Clayton, Councilmember
SECONDER:Eileen Chapman, Councilmember
AYES:Eileen Chapman, Yvonne Clayton, Jesse Kendle, Amy Quinn, John Moor