A. 
There shall be an Office of Township Attorney, the head of which shall be the Township Attorney. The Council shall appoint a Township Attorney to serve at its pleasure under such form of retainer agreement as the Council may approve. He shall serve as legal advisor to the Council and the Township Manager; represent the Township government in litigation; draft ordinances and resolutions upon request of the majority of Council or the Township Manager; and provide such other professional legal services as the majority of the Council may from time to time request. The Township Attorney shall be contracted as a Professional Service pursuant to Local Public Contracts Law and shall not be considered an employee of the Township.
B. 
He/she may perform all of the following duties or may designate such duties to outside counsel:
(1) 
Serve as legal advisor to the Council, Township Manager, department heads and all boards, commissions and agencies of the Township, with the exception of the Planning Board, Board of Adjustment, Rent Control Board and Library Board of Trustees, on all matters of Township business.
(2) 
Attend meetings of the Council, including regular, special and conference meetings.
(3) 
Examine and approve as to form and sufficiency all performance bonds, insurance certificates and maintenance bonds submitted by developers in connection with the developments receiving subdivision consideration by the Planning Board.
(4) 
Draft and approve as to form and sufficiency all resolutions and ordinances.
(5) 
Represent the Township and its officers and employees in all litigation wherein the Township is named a party defendant or the officers and employees are named parties defendant as the result of performing their duties as an officer or employee of the Township, with the exception of litigation wherein the Township or its officers or employees are named defendants and the defense of the action is the obligation of an insurance company under a policy wherein the Township is designated an insured. In addition, the Township Attorney shall represent the Township in all litigation where in the Township is the plaintiff in an action duly authorized by a majority of the Council.
(6) 
Represent the Township in matters tried in the Municipal Court involving violation of the ordinances of the Township and in matters where, in the discretion of the Judge of said Court or the Chief of Police, the services of a prosecutor are required.
(7) 
Be responsible for all matters pertaining to tax liens and the foreclosure of same by action in the Superior Court of New Jersey.
(8) 
Delegate to the legal assistants such duties and responsibilities as he/she may direct to efficiently maintain full-time legal service for the Township.
(9) 
Perform other duties as may be assigned by the Township Manager or the majority of the Township Council.
C. 
Power to compromise. The Township Attorney may, with the approval of the Township Manager and the majority of the Council, be empowered to compromise, settle or adjust any rights, claims, demands or causes of action in favor of or against the Township.
D. 
Special counsel. The Township Attorney is authorized, within the available appropriations, to employ additional counsel to assist him/her in performing the services required of the Township Attorney.
E. 
Qualifications of Township Attorney. A person appointed to this office must be a licensed attorney at law of the State of New Jersey who has, prior to the date of his/her appointment, been engaged in the practice of law in the State of New Jersey for a period of five years.
F. 
Records. Upon the expiration of his/her term of office or his/her resignation or removal therefrom, he/she shall forthwith surrender to the several Township officers charged with custody therefor all deeds, leases, conveyances, obligations, bonds, contracts, agreements, maps, reports or other papers in his/her hands belonging to the Township and shall deliver to his/her successor in office all legal papers, documents and other papers relating to business of the Township together with a written consent of substitution of his/her successor in all actions then pending and undetermined in which the Township is a party.
A. 
The Council shall appoint a Township Prosecutor to serve in accordance with the duties and responsibilities set forth in N.J.S.A. 2B:25-1 et seq. Candidates for the Office of Township Prosecutor shall be recommended to the Council by the Township Attorney. The Township Prosecutor shall be compensated as provided by ordinance.
B. 
A municipal prosecutor shall be an attorney at law of this state in good standing and shall serve for a term of one year from the date of his/her appointment.
[1]
Editor's Note: Former § 5-63, Counsel to the Rent Control Board, was repealed 3-8-2021 by Ord. No. 2021-08.
A. 
There is hereby created the Office of Municipal Public Defender pursuant to the authority and requirements of N.J.S.A. 2B:24-1 et seq.
B. 
The Municipal Public Defender shall be an attorney at law of the State of New Jersey in good standing and shall serve for a term of one year from the date of appointment and may continue to serve in office pending reappointment or appointment of a successor. The term of the Municipal Public Defender initially appointed shall terminate on December 31 of the year in which the Municipal Public Defender is first appointed. The Municipal Public Defender shall be appointed by the Council.
C. 
The Municipal Public Defender may be removed from office in accord with the provisions of N.J.S.A. 2B:24-4.
D. 
The Municipal Public Defender shall receive compensation, either on an hourly, per diem, annual or other basis as the municipality may provide. The compensation of a Municipal Public Defender for services rendered pursuant to the provisions of N.J.S.A. 2B:24-1 et seq. shall be in lieu of any and all other compensation by the municipality. The ordinance setting compensation shall set forth any additional compensation to be paid for interlocutory appeals in the Superior Court.
E. 
In the event of a vacancy in the Office of Municipal Public Defender or in the event that the Municipal Public Defender is temporarily unavailable or in the event a finding of conflict of interest precludes a Municipal Public Defender from representing an indigent defendant, the Municipal Court shall appoint a qualified attorney to represent the indigent defendant. The attorney so appointed shall be paid at the same rate as has been established for payment to the Municipal Public Defender.
F. 
Eligibility for services of the Municipal Public Defender shall be determined by the Municipal Court on the basis of need of defendant as provided in N.J.S.A. 2B:24-9 et seq.
G. 
The Township shall have a lien on any property to which the indigent defendant shall have an interest or acquire an interest for an amount equal to the reasonable value of the services rendered to the defendant pursuant to this chapter as calculated at the same rate as the office of Public Defender bills clients at that time.
H. 
The Township Attorney is hereby authorized to file a notice setting forth services rendered to an indigent defendant and the reasonable value thereof with the Clerk of the Superior Court. To effectuate such a lien for the municipality, the Township Attorney shall file a notice setting forth services rendered to the defendant and the reasonable value thereof with the Clerk of the Superior Court. The filing of the notice with the Clerk of the Superior Court shall constitute a lien on property for a period of 10 years from the date of filing, unless discharged sooner, and, except for such time limitations, shall have the force and effect of a judgment. Within 10 days of the filing of the notice, the Township Attorney shall send by certified mail, or serve personally, a copy of the notice with a statement of the date of the filing to or upon the defendant at the defendant's last known address. If the Township Attorney shall fail to give notice, the lien is void.
I. 
Application fee. Any person applying for representation by the Municipal Public Defender or court-approved counsel shall pay to the Township an application fee as set forth in Chapter A565, Fees, said fee to be fixed by the Municipal Court Judge, all pursuant to the regulations set forth in N.J.S.A. 2B:24-17.
The Council shall appoint a registered municipal accountant of the state as a Professional Service Contract under Local Public Contracts Law to perform the annual audit required by law, pursuant to such form of retainer agreement as the Council may approve. The term of the Township Auditor shall be for one calendar year.
There is hereby created the Office of Township Engineer. The Township Engineer shall be appointed by the Township Manager pursuant to the provisions of N.J.S.A. 40:69A-95. The Township Engineer shall be contracted as a Professional Service pursuant to Local Public Contracts Law and shall not be considered an employee of the Township. The Township Engineer shall perform such duties as are required by law.
The Township Manager shall appoint a professional planner licensed in the state as a Professional Service Contract under Local Public Contracts Law. The term of the Township Planner shall be for one calendar year. The Township Planner shall:
A. 
Exercise initiative and professional judgment in providing the community with guidance in planning the growth within the framework of a Comprehensive Plan.
B. 
Prepare and maintain an Official Zoning Map of the Township as may be directed by the Planning Board.
C. 
Prepare reports for Planning Board meetings.
D. 
Attend meetings of the Planning Board and meetings of the Council and other boards or agencies as may be required for the proper planning of the community.
E. 
Investigate and prepare reports on subdivision applications and all other assignments as requested by the Planning Board.
F. 
Assist in updating the existing planning and zoning ordinances of the Township.
G. 
Keep current and up-to-date, by revisions, the Master Plan of the Township so that it reflects the needs and wishes of the Township consistent with the good and welfare of the community.
H. 
Perform other duties as may be assigned by the Township Manager.