§ 2-20. PROSECUTOR.  


Latest version.
  • 2-20.1 Established. The position of Prosecutor is hereby created.

    (Ord. #1015, § 2-16.4; Ord. #1517-85, § 2-16.1)

    2-20.2 Appointment. At the organization meeting on January 1 of each year, the Prosecutor shall be appointed by the Mayor with the advice and consent of the Council. He shall serve for one (1) year and until his successors qualify and shall be compensated for his services in accordance with the Salary Ordinance of the Borough. No person shall be appointed to this position unless he is an attorney-at-law of the State of New Jersey in good standing.

    (Ord. #1015, § 2-16.4; Ord. #1517-85, § 2-16.2)

    2-20.3 Duties. It shall be the duty of the Prosecutor to appear and prosecute cases in the Municipal Court on behalf of the State, the complaining witness and the Borough in all the following specific instances:

    a.

    In all cases involving crimes or violence alleged to be committed in the Borough which are indictable and in which the Municipal Judge does not have final jurisdiction.

    b.

    In all cases of death by auto.

    c.

    In all cases of alleged drunken driving.

    d.

    In all cases involving assault on police officers.

    e.

    In all cases of bastardy where the Borough is the complainant.

    f.

    In all violations of Chapter XXVIII, Zoning, where for any reason the counsel to the Construction Official and Board of Adjustment does not appear for the complaint because of some special situation.

    g.

    In all cases where the Borough is the complainant.

    h.

    In all cases where a member of the Sayreville Police Department is the complainant.

    (Ord. #1015, § 2-16.4; Ord. #1147, § 1; Ord. #1517-85, § 2-16.3)

    2-20.4 Special Cases. The Prosecutor shall appear and prosecute cases before the Municipal Judge in special cases at the express instance and written request of the judge, the Mayor or the Chairman of the Public Safety Committee. The written request shall specify the special circumstances which it is believed make it necessary or desirable for the Borough to be represented in such proceedings. The Prosecutor shall appear on all appeals from the Municipal Court.

    (Ord. #1015 § 2-16.3; Ord. #1517-85, § 2-16.4)

    2-20.5 Additional Duties. The enumeration of the foregoing duties is not to be construed as limiting or defining all the duties of the prosecutor. The Council may by resolution assign additional functions or duties to the Prosecutor.

(Ord. #1015, § 2-16.3; Ord. #1517-85, § 2-16.5)