There shall be a Department of Law, the Director
of which shall be the Township Attorney.
The Township Attorney shall be appointed by
the Council by a majority vote of its members, for the term of one
year from the first day of January of the year of appointment and
until a successor has been appointed and qualified. The Township Attorney
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
Council may appoint a firm of attorneys, all members of which shall
be attorneys-at-law of New Jersey. The Township Attorney shall receive
such compensation as may be agreed upon and authorized by Council,
plus such fees and charges as shall be deemed reasonable. A professional
services contract shall be entered into between the Township Attorney
and the Township. The Township Attorney will not commence any legal
proceedings involving costs to the Township without first submitting
estimated legal costs and obtaining the approval of the Council, which
may be by motion.
The Township Attorney shall have all powers
and perform all duties as are provided for the office of Township
Attorney, by general law or ordinances of the Township. The Township
Attorney shall 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. The Township Attorney shall give
legal counsel and advice where required by the Manager, Council or
any member thereof and shall in general serve as the legal advisor
to the Council and Manager on all matters of Township business. In
furtherance of the general powers and duties, both without limitation
thereto, the Township Attorney shall:
A.
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.
B.
Conduct appeals from orders, decisions or judgments
affecting any interest of the Township as the attorney may in his
or her discretion determine to be necessary or desirable, or as directed
by the Council.
C.
Subject to the approval of the Township Council, have
power to enter into any agreement, compromise or settlement of any
litigation in which the Township is involved.
D.
Render opinions in writing upon any question of law
submitted to him by the Manager, Council, or any member thereof, with
respect to their official powers and duties and shall perform those
duties as may be necessary to provide legal counsel to the Council
and Manager in the administration of municipal affairs.
E.
Supervise and direct the work of any additional attorneys
and technical and professional assistants as the Council may authorize
for special or regular employment in or for the Township.
There is hereby created within the Department
of Law the office of Township Prosecutor. The Township Prosecutor
shall also be an Assistant Township Attorney. The Township Prosecutor
shall be an attorney-at-law of the State of New Jersey who shall be
appointed by a majority vote of members of the Township Council. The
term of the Township Prosecutor shall begin on the first day of January
of the year of appointment and shall continue for a period of one
year or until a successor has been appointed and qualified. The Township
Prosecutor shall prosecute on behalf of the state or the Township
any case to be tried before the Municipal Court whenever requested
to do so by the Judge, the Manager, the Township Attorney or the Chief
of Police and shall assume any and all duties as may from time to
time be assigned to the office of Township Prosecutor by law. The
Township Prosecutor shall receive such compensation as may be agreed
upon and authorized by Council, plus such fees and charges as shall
be deemed reasonable. A professional services contract shall be entered
into between the Township Prosecutor and the Township.
There is hereby created within the Department
of Law, for administrative purposes, a Substitute Prosecutor who shall
be appointed by Township Council for a term of one year. The Substitute
Prosecutor shall be an attorney-at-law of the State of New Jersey
and shall serve as Prosecutor in any matter assigned by the Township
Prosecutor where there would be a conflict of interest for the Township
Prosecutor to handle the matter. The Substitute Prosecutor shall receive
such compensation as may be agreed upon and authorized by Council.
A professional services contract shall be entered into between the
Substitute Prosecutor and the Township.
There is hereby created within the Department
of Law the office of Planning Board Attorney. The Planning Board may
annually appoint, fix the compensation of or agree upon the rate of
compensation for the Planning Board Attorney who shall be an attorney
licensed in the State of New Jersey and who shall not be the Township
Attorney, in an amount not exceeding the amount appropriated by Township
Council for that purpose.
There is hereby created within the Department
of Law the office of Zoning Board of Adjustment Attorney. The Zoning
Board of Adjustment may annually appoint, fix the compensation of
or agree upon the rate of compensation for the Zoning Board of Adjustment
Attorney who shall be an attorney licensed in the State of New Jersey
and who shall not be the Township Attorney, in an amount not exceeding
the amount appropriated by Township Council for that purpose.
There is hereby created within the Department
of Law, for administrative purposes, but independent from the Department
of Law, a Township Public Defender who shall be appointed by Township
Council for a term of one year. The Township Public Defender shall
receive such compensation as may be agreed upon and authorized by
Council. The Township Public Defender shall be an attorney-at-law
of the State of New Jersey and shall represent those defendants appearing
in Municipal Court who are determined by the Court to be indigent
and whose representation is assigned to the Township Public Defender
by the Court.
All papers, documents, memoranda, reports and
all other materials relating to the administration of the legal duties
of the Department of Law shall be and remain the property of the Township.
Upon the termination of services with the Township, any attorney employed,
retained by or compensated by the Township shall forthwith surrender
to any successor all of that property, together with a written consent
to substitution of any successor in all legal actions and proceedings
then pending to which the Township or any of its officials or employees
is a party.
