Township of Mendham, NJ Article VII Officers and Employees

§ 10-31 Township Attorney.

A. Appointment. The Township Attorney shall be appointed by the Township Committee for a term of one year. He/she shall be an attorney at law of New Jersey but need not be a resident of the Township. The Attorney shall receive fees and charges as are deemed reasonable.

B. Powers and duties. The Attorney shall have such powers and perform such duties as are provided for the Office of Township Attorney by general law or ordinance. He/she shall represent the Township in all judicial and administrative proceedings in which the Township or any of its officers or agencies, other than those separately represented, may be a party or have an interest. He/she 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 on all matters of Township business. In furtherance of his/her general powers and duties, and without intending to limit them, the Attorney shall:

(1) 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.

(2) With the approval of the Township Committee, conduct appeals from orders, decisions or judgments affecting any interest of the Township as he/she may in his/her discretion determine to be necessary or desirable or as directed by the Township Committee.

(3) 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.

(4) Render opinions in writing upon any question of law submitted to him/her by the Township Committee or any member thereof with respect to their official powers and duties, and perform such duties as may be necessary to provide legal counsel to the Township Committee in the administration of municipal affairs.

(5) 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 Township.

§ 10-32 Township Engineer.

A. Appointment; term. There shall be a Township Engineer who shall be appointed by the Township Committee for a term of one year. The Township Engineer shall receive such compensation as may be agreed upon and determined by the Township Committee. He/she shall be a duly licensed professional engineer of the State of New Jersey.

B. Duties.

(1) The Township Engineer shall perform such duties as are prescribed by general law and ordinance. Without limiting the generality of the foregoing, he/she shall:

(a) Prepare, or cause to be prepared, plans, designs and specification for public works and improvements undertaken by the Township.

(b) Provide and maintain surveys, maps, plans, specifications and control records with respect to public works and facilities owned or operated by the Township.

(c) Supervise the operation, maintenance and repair of the Township storm sewer system.

(d) Provide technical and engineering advice and assistance to other Township departments as needed.

(2) All papers, document, memoranda, reports and other materials relating to the administration of engineering duties of the Township Engineer shall be and remain the property of the Township. Upon the termination of his/her service with the Township, the Township Engineer shall forthwith surrender to any successor or to the Township, if requested, all such property.

C. Assistant to Township Engineer. There is hereby created the position of Assistant to the Township Engineer which may be filled by appointment by the Township Committee for the calendar year. The Assistant to the Township Engineer shall have a college degree in civil engineering from a four-year accredited institution. He/she shall act as an aide to the Township Engineer and shall assist in the preparation of plans, designs and specifications for public works and improvements undertaken by the Township; assist in survey work, maintenance of the Township Tax Map and other public records; perform inspections associated with municipal improvements and the installation of public improvements in accordance with approved subdivisions and site plans; assist the Township Engineer in providing technical and engineering advice and assistance to other Township Departments; and perform such other duties as may be assigned by the Township Committee.

[Added by Ord. No. 9-1984]

§ 10-33 Township Public Defender.

[Added by Ord. No. 23-1997]

A. Position created; appointment; term; salary. There is hereby created the position of Township Public Defender to be filled by a competent attorney at law of the state appointed by the Township Committee for a term of one year until the first day of January next following his or her appointment and until his or her successor is appointed and has qualified. The Township Public Defender shall receive such compensation as shall be fixed by the Township Committee by ordinance.

B. Powers and duties. The Township Public Defender shall provide the legal representation of any indigent defendant in the Municipal Court of the Township in accordance with P.L. 1997, c. 256.[1]

[1] Editor's Note: See N.J.S.A. 2B:24-1 et seq.

C. Application for representation by Township Public Defender. In order to obtain the services of the Township Public Defender, an application must be filed with the Municipal Court on a form to be provided by the Court. The Municipal Court shall make a decision as to whether of defendant is indigent after reviewing each defendant's application. This determination shall be based upon the need of the defendant in accordance with P.L. 1997, c. 256.

D. Application fee for representation by Township Public Defender. A person applying for representation by the Township Public Defender or Court approved counsel shall pay to the Township Municipal court an application fee as provided in Chapter 160, Fees, but only in an amount necessary to pay the costs of municipal public defender services. In accordance with guidelines promulgated by the Supreme Court, the Municipal Court may waive any required application fee, in whole or in part, only if the Court determines, in its discretion, upon a clear and convincing showing by the applicant that the application fee represents an unreasonable burden on the person seeking representation. The Municipal Court may permit a person to pay the application fee over a specific period of time not to exceed four months.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).