[Ord. No. 3158, 7-26-1988, § 2-5.1; amended
by Ord. No. 3162, 8-9-1988, § 3; Ord. No. 3385, 3-22-1994, § 3]
There shall be an Office of the Township Attorney, the head
of which shall be the Township Attorney. He shall be appointed by
the Council and shall serve for a term of two years, concurrent with
the two-year term of the Council making the appointment, receiving
therefor remuneration as established by the municipal budget. Notwithstanding
the conferral of a two-year term, the Township Attorney shall serve
at the pleasure of the Council and may be removed by the Council,
with or without cause, at any time. If the Township Attorney is salaried,
said salary shall terminate 30 days after the vote of removal. The
Township Attorney may be an individual attorney or a member of a law
firm; however, the appointee shall be admitted to practice as an attorney
at law in the State of New Jersey for a period of five years or more.
[Ord. No. 3158, 7-26-1988, § 2-5.2]
The Township Attorney shall:
(a)
Be the chief legal advisor to the Council and Manager and shall give
all the necessary legal advice and counsel, as required by the Council
and Manager, and which pertain to the affairs of the Township.
(b)
Prepare or supervise the preparation of all ordinances, regulations,
resolutions, contracts and other legal documents and papers pertaining
to the Township.
(c)
Appear as attorney-of-record for the Township in all actions or proceedings
in any court or before any board in which the Township is a party
in interest or in which it may be or become involved, or where the
public interest of the Township may be served, and in all actions
and proceedings for the enforcement of the Code or other Township
ordinances and regulations.
(d)
Attend all regular, workshop and special meetings of the Council.
(e)
Supervise the administration of the Office of the Township Attorney
and allocate duties and responsibilities to Office personnel.
(f)
Promptly report the outcome of any litigation in which the Township
is a party in interest.
(g)
Report to the Council the status of all pending litigation wherein
the Township is a party in interest.
(h)
Have the power to enter into any agreement, compromise or settlement
of any litigation in which the Township is involved, subject to the
approval of the Council.
[Ord. No. 3158, 7-26-1988, § 2-5.3; amended
by Ord. No. 3385, 3-22-1994, § 3; Ord. No. 3399, 8-9-1994, § 2; Ord. No. 3907, 9-6-2005, § 1]
The legal assistants shall be assistant to the Township Attorney
and, subject to the Charter, under the supervision of the Township
Attorney. Said legal assistants shall be attorneys at law of the State
of New Jersey, admitted to practice in this state for not less than
one year. A legal assistant shall hold office for a term of one year
and until his successor is appointed and shall receive a salary as
established by the Salary Ordinance.[1] Said legal assistants shall be independent of the Township
Attorney in the performance of their legal duties; however, administratively,
they are deemed legal assistants for the purpose of submitting vouchers,
and they shall submit all vouchers, if any, for review and approval
by the Township Attorney prior to payment by the Township; for all
administrative assistance, budgetary allowances and planning; and
they shall maintain in the Municipal Building or the office of their
respective boards all permanent files, including litigation files,
and all such files shall be the sole property of the Township. The
legal assistants shall consist of and be appointed from time to time
as follows:
(a)
The legal assistant to the Planning Board, who shall be appointed
by the Planning Board.
(b)
The legal assistant to the Zoning Board of Adjustment, who shall
be appointed by the Zoning Board of Adjustment.
(d)
Prosecutors, who shall be appointed by the Township Council in accordance
with N.J.S.A. 2B:25-4; the Council may appoint or contract with one
or more municipal prosecutors for a period not exceeding one year
from the time of appointment or award. Notwithstanding the foregoing,
municipal prosecutors serve at the pleasure of the Council and may
be removed at any time with or without cause.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(e)
The Public Defender, who shall be appointed by the Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(f)
The legal assistant to the Civilian Complaint Review Board, who shall
be the Public Defender, except as otherwise set forth by law or this
Code.
(g)
The legal assistant for labor matters, who shall be appointed by
the Council.
(i)
The legal assistant to the Historic Preservation Commission, who
shall be appointed by the Council.
(j)
The legal assistant to the Ethics Board, who shall be appointed by
the Ethics Board.
[1]
Editor's Note: Salary Ordinances are on file in the office
of the Township Clerk.
[Ord. No. 3158, 7-26-1988, §§ 2-5.4
through 2-5.10; amended by Ord.
No. 3317, 12-3-1991, § 2; Ord. No. 3385, 3-22-1994, § 3; Ord.
No. 3398, 8-9-1994, § 1; Ord. No. 3887, 6-6-2005, § 1; Ord.
No. 3907, 9-6-2005, § 2; Ord. No. 4125, 5-19-2009, § 1]
The legal assistants shall perform such duties as may be required
by the respective board or body to which they are assigned and, subject
to the Charter, as may be assigned to them by the Township Attorney
to assist him in the operation of the office in any litigation by
or against the Township or any of its departments, boards or bodies
or employees, agents, officers, officials or servants arising in the
course of and in the scope of their employment; prepare ordinances,
contracts, resolutions or other legal documents and review such documents;
and provide research, correspondence and maintain proper files, records
and office procedures.
(a)
Duties of legal assistant to Zoning Board Adjustment. The duties
of the legal assistant to the Zoning Board of Adjustment shall be
as follows:
(1)
He shall attend all meetings of the Zoning Board of Adjustment. He
shall furnish legal opinions to and prepare for said Board all resolutions
and necessary legal documents.
(2)
He shall assist the Township Attorney in trial and reference work
when requested.
(3)
In matters pertaining to policy and opinions of the Zoning Board
of Adjustment, the legal assistant shall have the status of independent
counsel for the Board. In all litigation in which the Zoning Board
of Adjustment is made a party-defendant, the legal assistant shall
defend the suit on the Board's behalf, unless the Township or any
official or employee thereof is also made a party defendant, in which
event the Township Attorney shall designate defense counsel. To the
extent permitted by the rules of professional conduct governing attorneys,
one attorney shall represent all Township defendants.
(b)
Duties of legal assistant to Planning Board. The duties of the legal
assistant to the Planning Board shall be as follows:
(1)
He shall attend all meetings of the Planning Board. He shall furnish
legal opinions to and prepare for said Board all resolutions and necessary
legal documents.
(2)
He shall assist the Township Attorney in trial and reference work
when requested.
(3)
In matters pertaining to policy and opinions of the Planning Board,
the legal assistant shall have the status of independent counsel for
the Board. In all litigation in which the Planning Board is made a
party-defendant, the legal assistant shall defend the suit on the
Board's behalf, unless the Township or any official or employee thereof
is also made a party defendant, in which event the Township Attorney
shall designate defense counsel. To the extent permitted by the rules
of professional conduct governing attorneys, one attorney shall represent
all Township defendants.
(c)
Duties of Prosecutor.[1] The duties of the Municipal Court Prosecutor shall be
as follows:
(1)
The Prosecutor shall attend all sessions of the Township Municipal
Court and prosecute all motor vehicle cases, disorderly person offenses,
preliminary hearings and other cases in which the Township is a party
in interest.
(2)
The Prosecutor shall defend all appeals from convictions and other
matters adjudicated in the Municipal Court.
(3)
The Prosecutor shall instruct members of the Police Department in
court procedure and assist personnel of the Municipal Court in the
matter of preparation of legal papers pertaining to the business of
such court.
(4)
The Prosecutor shall have all of the duties conferred by state statute.
[1]
Editor's Note: Former Subsection c, Duties of legal assistant
to the Rent Board, was repealed 3-22-1994 by Ord. No. 3385, which
ordinance also renumbered former Subsection (e) as Subsection (c).
(d)
Public Defender.[2] The duties of the Public Defender shall be:
(1)
The Public Defender shall attend all sessions of the Municipal Court
at which his/her cases are scheduled and shall serve as legal counsel
to those defendants unable to afford counsel and who are charged with
such violation of the Penal Code as shall entitle them to assigned
counsel, pursuant to any law or court-mandated rule. The determination
of whether counsel should be assigned shall be made by the Municipal
Court Judge, based upon uniform, nondiscriminatory criteria established
by the administrative office of the courts or, in default thereof,
by the Municipal Court Judge, and liberally construed in favor of
that right.
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As a precondition of assignment of the Public Defender without
charge to the defendant, the defendant shall certify his or her financial
means, under oath.
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(2)
The Public Defender is also assigned to the Civilian Complaint Review Board (CCRB) established under § 2-158 et seq. of this Code, to assist the CCRB in the formulation of its rules of procedure and assist in the conduct of its meetings, its investigatory function and the preparation of its reports. Despite said assignment, the Manager may retain independent counsel separate and apart from the Public Defender if requested by the CCRB, if it serves its legitimate purposes and if said retainer is within the limits of funds appropriated by the Township Council by annual or emergency appropriations for such a purpose. For legal services to the CCRB, the Public Defender or Special Counsel, as the case may be, shall be paid on an hourly basis at rate established by the Manager in consultation with the CCRB.
(3)
Each individual applying for representation by the Public Defender
shall be required to pay an application fee of not more than $200.
The Municipal Court Judge may waive any such required application
fee, in whole or in part, if the Judge determines, in his discretion,
that the application fee represents an unreasonable burden on the
individual seeking representation.
[Ord. No. 3158, 7-26-1988, § 2-5.11]
All papers and documents pertaining to Township legal matters
shall remain the property of the Township, and when any member of
the Legal Department ceases to be such a member, he shall return all
such papers and documents to the Township.
[Ord. No. 3158, 7-26-1988, § 2-5.12; amended
by Ord. No. 3385, 3-22-1994, § 3]
The Council may authorize by resolution the payment of extra
compensation to the Township Attorney and legal assistants in the
handling of any case pending in any court or before any board or agency
or which requires an extraordinary amount of time. Any such extra
compensation shall be paid at an hourly rate and not, if the Attorney
is salaried, as an addition to base salary. The rate of hourly compensation
shall be established at the time the Attorney's services are authorized,
by resolution of the Council.
[Ord. No. 3385, 3-22-1994, § 3]
At the time of appointment, the appointing authority shall determine
whether the Township Attorney and/or any legal assistant shall be
compensated as an independent contractor or as a salaried employee.
[Ord. No. 3158, 7-26-1988, § 2-5.13]
When any Township legal duty of a member of the Legal Department
shall require his presence outside of the Township, his reasonable
traveling expenses shall be paid. He shall also be reimbursed for
all filing fees and other disbursements necessary in the handling
of the Township's legal affairs.
[Ord. No. 3158, 7-26-1988, § 2-5.14; amended
by Ord. No. 3385, 3-22-1994, § 3]
The Township Attorney may, with the consent of the Council,
engage the services of expert witnesses and special counsel when,
in his opinion, such action is necessary in connection with the handling
of any legal business of the Township. Reasonable fees for such witnesses
and special counsel shall be paid at a rate established at the time
of authorization and by resolution of the Council.
[Ord. No. 3158, 7-26-1988, § 2-5.16; amended
by Ord. No. 3385, 3-22-1994, § 3]
In the event that the Township Attorney and/or any legal assistant
is a member of a law firm, the name of the firm may appear as attorney
of record for the Township in all actions or proceedings. In a specific
case, and without regularity, any member of the firm may appear on
behalf of the Township Attorney or a legal assistant; however, no
additional compensation will be paid relative to such appearances.
[Ord. No. 3158, 7-26-1988, § 2-5.16; amended
by Ord. No. 3385, 3-22-1994, § 3]
Temporary absence or disqualification; appointment of independent
attorney and compensation therefor.
(a)
In the event that any attorney employed by the Township can not perform
legal services because of a disabling accident or illness or because
of a conflict of interest, the Township Attorney shall recommend to
the appropriate appointing authority, and that authority shall appoint,
an independent attorney, except as follows:
(1)
The legal assistant to the Zoning Board of Adjustment shall substitute
for the legal assistant to the Planning Board, and the legal assistant
to the Planning Board shall substitute for the legal assistant to
the Zoning Board of Adjustment. Such substitution shall be uncompensated
if it does not involve extended proceedings, as hereinafter defined.
(2)
The Township Attorney shall substitute for the Municipal Court Prosecutor.
Such substitution shall be uncompensated if it does not involve extended
proceedings, as hereinafter defined.
(b)
Notwithstanding the foregoing, if the substitution involves extended
proceedings, the substituted attorney shall be compensated at the
hourly rate established for such services and to the extent compensation
is either budgeted for or subsequently provided by the Township Council.
