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Township of Livingston, NJ
Essex County
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Table of Contents
Table of Contents
A. 
There is hereby established a Department of Law, the head of which shall be the Township Attorney.
B. 
The Township Attorney shall be appointed by the Council for a term of one year and shall receive such compensation as provided by the Council.
Except as otherwise provided by ordinance, the Township Attorney shall:
A. 
Serve as legal advisor on all matters of Township business;
B. 
Represent the Township in all judicial and administrative proceedings in which the Township or any of its officers or agencies may be a party or have an interest;
C. 
Draft or approve as to form and sufficiency all legal documents, contracts, deeds, ordinances and resolutions made, executed or adopted by or on behalf of the Township;
D. 
Supervise and direct the work of such additional attorneys, and technical and professional assistants as Council may authorize for special or regular employment in the Department of Law.
A. 
The Council shall appoint an Assistant Township Attorney to serve as Municipal Prosecutor for a term ending on the 31st day of December of the year in which he shall be appointed.
B. 
Under the supervision of the Township Attorney, the Municipal Prosecutor shall appear on behalf of the Township:
(1) 
Before the Municipal Court whenever his services therein shall be necessary or required;
(2) 
In prosecutions for violations of municipal ordinances and in other matters;
(3) 
In all appeals in cases involving violations of Township ordinances;
(4) 
In such other and different matters as may be required by the rules of the New Jersey Supreme Court governing the courts of this state; and
(5) 
In the absence of the Township Attorney, in attendance at the meetings of the Council.
A. 
The Township Attorney shall not, without the approval of the Council by resolution, 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 of judgment in favor of the Township.
B. 
Nothing in this section shall 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 to deprive him of the powers and privileges ordinarily exercised in judicial proceedings by counsel acting for private clients.