[HISTORY: Adopted by the Township Committee of the Township of Mansfield 6-5-1972 by Ord. No. 1972-2. Amendments noted where applicable.]
There is hereby created the office of Municipal Attorney. The Municipal Attorney shall be appointed by the Township Committee by a majority vote of its members. 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 Township 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 reasonable fees and charges for each item of work performed by him commensurate with the standards for such charges in the community.
The Attorney shall have such powers and perform such duties as are provided for the office of Municipal Attorney by general law or ordinances of the Township.
He shall represent the Township in all judicial and administrative proceedings in which the municipality or any of its officers or agencies, except those having their own solicitor, may be a party or have an interest.
He shall give all legal counsel and advice where required by the Township Committee or any member thereof and shall in general serve as the legal advisor to the Township Committee on all matters of Township business.
In furtherance of such general powers and duties, but without limitation thereto, the Municipal Attorney shall:
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 municipality.
Conduct appeals from orders, decisions or judgments affecting any interest of the Township as he may in his discretion determine to be necessary or desirable, or as directed by the Township Committee.
Subject to the approval of the Township Committee, have power to enter into any agreement, compromise or settlement of any litigation in which the Township is involved.
Render opinions in writing upon any question of law submitted to him by the Township Committee, or any member thereof, with respect to their official powers and duties and shall perform such duties as may be necessary to provide legal counsel to the Township Committee in the administration of municipal affairs.
Supervise and direct the work of such additional attorneys and technical and professional assistants as the Township Committee may authorize for special or regular employment in or for the municipality.
Attend all regular meetings of the Township Committee and such special meetings as the Committee shall direct.
Advise and assist and render opinions in writing to any of the municipal officers in connection with the conduct of their office.
[Amended 1-19-1988 by Ord. No. 1988-1; 12-27-1990 by Ord. No. 1990-34]
There is hereby created the office of Municipal Engineer. The Municipal Engineer shall be appointed by the Township Committee by a majority vote of its members for the term of three years from the first day of January of the year of his or her appointment and until his or her successor has been appointed and qualified. The Municipal Engineer shall be a licensed professional engineer of the State of New Jersey but need not be a resident of the Township. If working full-time exclusively for the Township, the Municipal Engineer shall receive an annual salary as determined by the Township Committee, which may be increased in appropriate increments each year, but if not a full-time municipal employee, the engineer shall be compensated for the reasonable value of each item of service, either on a fixed-fee basis or at an hourly rate, based upon actual time and expenses agreed on prior to the rendering of said services. At no time will the Municipal Engineer ever be compensated by receiving a percentage of the contract for which he renders services.
The Municipal Engineer shall perform such duties as are prescribed by general law and ordinance and in addition:
Shall prepare or cause to be prepared plans, designs and specifications for public works and improvements undertaken by the Township, either on force account or by public contract.
Shall provide and maintain surveys, maps, plans, specifications and control records with respect to public works and facilities owned or operated by the Township.
Shall provide technical and engineering advice and assistance to other Township departments as needed.
All papers, documents, memoranda, reports and other materials relating to the administration of engineering duties of the Municipal Engineer shall be and remain the property of the Township. Upon the termination of his services with the Township, the Municipal Engineer shall forthwith surrender to his successor all such property.
This chapter shall take effect upon its final passage and publication according to law, but the provisions hereof shall be retroactive to January 1, 1972, and the appointment of any attorney or engineer to the respective offices prior to that date is hereby ratified and confirmed.