[Adopted by Ord. No. 1308 as Ch. 2.20 of the 1998 Code]
A.
Appointment. The Township Attorney shall be appointed
by a majority vote of the whole Township Committee and shall serve
at the pleasure of the Committee for a term not to exceed one year
ending on December 31 of the year of his appointment. He shall be
an attorney at law of New Jersey but need not be a resident of the
Township. In lieu of appointing an individual attorney, the Committee
may appoint a firm of attorneys, all members of which shall be attorneys
at law of New Jersey. The Attorney shall not receive a fixed salary
but shall be paid such retainer as may be agreed upon and authorized
by the Committee, plus such fees and charges as shall be deemed reasonable.
B.
Duties.
(1)
The Township Attorney shall represent the Township
in all legal matters and shall advise and assist the Committee, the
Administrator and the department heads as required in the administration
of Township government. He shall attend meetings of the Committee,
draft ordinances and resolutions and give opinions and rulings on
questions of law which may arise at Committee meetings. He shall prepare
or approve all legal instruments relating to the business of the Township.
He shall represent the Township in any litigation and conduct trials,
appeals and other proceedings affecting the interest of the Township
as he may in his discretion determine to be necessary or desirable,
subject to the approval of the Committee.
(2)
The Township Attorney shall also:
(a)
Maintain records of all suits, proceedings and
matters which relate to the Township's interest and report thereon
from time to time as the Administrator or Committee may require.
(b)
Have power to enter into any agreement, compromise
or settle any litigation in which the Township is involved, subject
to the prior approval of the Committee.
(c)
Upon the termination of his service with the
Township, forthwith surrender to his successor all Township property,
papers and records, together with written consent to substitution
of his successor in any pending actions or proceedings.
C.
Special counsel. Whenever he deems the interests of
the Township so require, the Township Attorney, with the approval
of the Committee and within the limits of available appropriations,
may appoint special counsel to assist him in the preparation, trial
or argument of any issue or in such other capacity as he may determine.
If the Township Attorney should be disqualified with respect to any
matter, the Committee may appoint special counsel to represent the
Township for and with respect to such matter, within the limits of
available appropriations.
A.
The Committee may appoint a Township Prosecutor, which
will serve at the pleasure of the Committee for a term not to exceed
one year ending on December 31 of each year.
B.
The Township Prosecutor shall be an attorney at law
of the State of New Jersey, under the supervision of the Attorney
General or County Prosecutor, who may represent the state, county
or municipality in any matter within the jurisdiction of the Township
of Montville Municipal Court pursuant to P.L. 1996, c. 95, § 14.[1] He or she shall receive such compensation as may be fixed
from time to time by general ordinance, plus such fees for the defense
of such appeals as shall be deemed reasonable.
[1]
Editor's Note: See N.J.S.A. 2B:12-27.
Neither the Township Attorney nor the Township
Prosecutor need be residents of the Township.
