HomeMy Public PortalAboutResolution 01:283No. 01-283
Date of Adoption September
PROFESSIONAL SERVICES CONTRACT
WITH BARRY ALBIN, ESQ. / W. HUNDEMANN
6,200:
WHEREAS, Police Officer Wayne Hundemann has requested that the Borough of
Carteret provide for his legal defense in a Municipal Court proceeding instituted against
him as a result of the performance of his duties; and
WHEREAS, pursuant to N.J.S.A. 40A: 14-155 and the Collective Bargaining Agreement
with the P.B.A. Local 47, the Borough is obligated to provide said legal counsel to police
officers charged with a criminal offense while in the performance of their duties; and
WHEREAS, pursuant to Ordinance #94-59 the Mayor and Council of the Borough of
Carteret have established a rate to be paid to attorneys hired to provide said defense at a
rate of $125.00 per hour not to exceed $1.,000.00 for any case adjudicated by any
municipal court in the State of New Jersey; and
WHEREAS, the legal services required to provided said defense are professional in
nature and therefore exempt from the bidding requirements of N.J.S.A. 40A:l 1-5(1)(a);
and
WHEREAS, the Chief Financial Officer has certified that funds are available for same;
and
WHEREAS, Police Officer Wayne Hundemann has requested the legal representation of
Barry Albin, Esq.
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough
of Carteret that the appointment of Barry Albin, Esq. to provide a legal defense for Police
Officer Wayne Hundemann is hereby approved at a rate of $125.00 per hour not to
exceed the sum of $1,000.00; and
BE IT FURTHER RESOLVED that the Mayor and Municipal Clerk are hereby
authorized to execute a contract for such services; and
BE IT FURTHER RESOLVED that said contract is awarded without competitive bids
in accordance with N.J.S.A. 40A:ll-5(1)(a) due to the specialized and professional
nature of the services provided.
Adopted this 6th day of September, 2001
and certified as a true copy of the
original on September 7, 2001.
KATHLEEN M. BARNEY, RMC/CMC
Municipal Clerk
RECORD OF COUNCIL VOTE
COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B.
F~YFKgS- x RIOS x
_ qUmONES x Sammo x
X - Indicate Vote AB - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto C~
Adopted at a meeting of the Municipal Council
'i Septs~her 6, 2001
CL~RK ~ ~