[Adopted 5-9-1995 by Ord. No. 95-19 (Ch. 31, Art. X, of the 1977 Code); amended 2-23-2000 by Ord. No. 2000-03]
Pursuant to N.J.S.A. 40A:9-139, there is hereby
created and established in and for the Township of Hillsborough, the
office of Township Attorney. The duties and responsibilities of the
Township Attorney shall be handled by the Township Attorney and any
Special Counsel, as appointed, both of whom shall be deemed the legal
representative of the Township of Hillsborough.
The Township Attorney's responsibilities shall
involve the day-to-day legal affairs of the Township and general litigation
services to the Township.
The Township Attorney shall, as a condition
of eligibility for appointment and for continuation in office, be
licensed to practice law in the State of New Jersey.
The Township Attorney shall be responsible for
handling all of the day-to-day legal affairs of the Township, and
general litigation services on behalf of the Township. Said duties
and responsibilities shall include, but not be limited to, the following:
A.
Provide legal counsel to the Township Committee.
B.
Provide legal counsel to all other boards and committees
of the Township not having their own attorney.
C.
Provide legal advice and counsel to the Township Administrator,
Township Clerk, department heads and other officers of the Township.
D.
Attend all public meetings of the Township Committee,
as well as work sessions where directed by the Township Committee.
E.
Attend to the day-to-day legal affairs of the Township.
F.
Prepare and/or review all ordinances and resolutions
as directed by the Township Committee.
G.
Defend all judicial and administrative proceedings
brought against the Township, its boards and members, its officials
and employees.
H.
Prosecute all judicial and administrative proceedings
brought on behalf of the Township.
I.
Review litigation filed against the Township or litigation
which the Township may be interested in pursuing and making recommendations
regarding same.
J.
Appear before the Township Committee to discuss litigation
matters as the Township Committee may direct.
K.
Prepare or draft legal instruments; prepare draft
and approve as to form and sufficiency all legal documents, instruments,
contracts and deeds to which the Township is a party, including such
instruments and agreements with other municipalities, and approve
also as to form all bonds required to be submitted to the Township.
L.
Bid openings. Attend and advise the committee or any
designated officer of the Township in the opening and awarding of
public bids.
M.
Additional attorneys and technical assistants. Supervise
and direct the work of such additional attorneys, special counsel
and counsel(s) and technical and professional assistants as the Committee
may authorize for special or regular employment in the office of Township
Attorney.
N.
Tax appeals. Represent the Township in all tax appeals.
O.
Bonding ordinances. Perform all of the required legal
services in the preparation, submission and adoption of bonds ordinances
authorized by the Committee in accordance with the applicable New
Jersey statutes and assist and furnish all the necessary information
to any special counsel hired for purposes of a particular bond issue.
P.
Real estate acquisitions. Perform all the necessary
legal services in connection with all real estate acquisitions involving
the Township.
Q.
Make reports.
(1)
Immediate report of decision. Immediately report to
the administrator and Committee the outcome of any litigation in which
the Township has an interest.
(2)
Annual report of pending litigation. Make an annual
report to the Administrator and Committee, by the first regular meeting
of the year, or all pending litigation in which the Township has an
interest and the condition thereof
R.
Keep records.
(1)
Litigation. Keep a complete record of all litigation
in which the Township had or has an interest, giving the names of
the parties, the court where brought, the nature of the action, the
disposition of the case or its condition, if pending, and the briefs
of counsel.
(2)
Opinions and titles. Keep a complete record of all
written opinions furnished by him or her and of all certificates or
abstracts of title furnished by him or her to the Township or any
department or official thereof.
S.
Approval of deeds and contracts. No warrant shall
be issued for the payment of any money from the Township treasury
in any matter where a deed is necessary or under any contract to which
the Township is a party, unless the Township Attorney shall have endorsed
thereon, in writing, his or her approval as to form and legality,
together with a statement of any liens or encumbrances affecting the
transaction.
T.
Limitation on power to compromise. The Township Attorney
shall not, without approval of the governing body, be empowered to
compromise, settle or adjust any rights, claims, demands or causes
of action in favor of or against the Township, nor to permit, offer
or confess judgment against the Township, nor to accept any offer
or judgment in favor of the Township, provided that this section shall
not operate to limit or abridge the discretion of the Township Attorney
in regard to the proper conduct of the trial of any action or proceeding
or deprive him or her of the powers and privileges ordinarily exercised
in judicial proceedings by counsel acting for private clients.
U.
Special Counsel. The Township Attorney is authorized,
with the prior approval of the governing body and within the available
appropriations, to employ such additional counsel including appointment
of Special Counsel as provided herein to aid in the trial or argument
of such causes or proceedings of importance in which the Township
may be a party or be interested, as he or she may deem necessary.
V.
Perform such other duties and responsibilities, as
the Township Committee or Township Administrator may deem appropriate.
A.
The Township Attorney shall receive such compensation
as is limited by the Salary Range Ordinance and set by resolution
as both may be amended from time to time and as otherwise may be negotiated
in an award of contract to such Township Attorney.
B.
All work performed by the Township Attorney outside the scope and spirit of the above-mentioned services, including but not limited to services as counsel in litigation, administrative or condemnation proceedings, except as provided in § 73-71, shall be paid for by the municipality upon the submission of reasonable bills for such services performed, supported by the pertinent vouchers. All such nonsalaried services, prior to undertaking by the Township Attorney, shall require approval by the governing body authorizing such services.
The Township Attorney shall be appointed by
the Township Committee. The term of office shall be for one year.
A.
The Township Committee may remove the Township Attorney
for good cause by a majority vote of all of its members. A reasonable
period of notification, not less than 90 days, shall be given by the
Township Clerk or by the Township Attorney with respect to any termination
of employment. The period of notification may be less upon mutual
agreement of the Township Committee and Township Attorney.
B.
Upon the expiration of his or her term of office or
his or her resignation or removal therefrom, the Township Attorney
shall surrender forthwith, to the several Township officers charged
with the custody thereof, all deeds, leases, conveyances, obligations,
bonds, contracts, agreements, reports and all other papers in his
or her hands belonging to the Township and shall deliver to his or
her successor in office all legal papers and documents relating to
the business of the Township, together with a written consent of substitution
of his or her successor in all actions then pending and undetermined
in which the Township is a party.[1]
[1]
Editor's Note: Original Art. XA, Corporation
Counsel, has been deleted as being superseded by Ord. No. 2000-3 appearing
as Arts. XIII and XIV of this chapter.
