There shall be a Department of Law, the head of which shall be the Township Attorney, who need not serve full time and who shall be subject to such retainer and fees as shall be approved by the Council.
The Township Attorney shall be an attorney in good standing admitted to the practice of law in the State of New Jersey.
The Township Attorney shall be the chief law officer of the Township and attorney of record in all proceedings wherein the Township or any of its officers, boards, bodies or commissions, within the jurisdiction of the Department of Law, by reason of any suits growing out of an official position, shall be a party. He or she shall advise all Township officials and bodies of any matters relating to the Township government when requested to do so. He or she shall supervise the preparation of all contracts, deeds and other documents and all ordinances and resolutions referred to the Law Department for preparation.
No payment shall be approved by the Township Chief Financial Officer in any matter wherein a deed is necessary or under any agreement or contract to which the Township is a party, except where there is no requirement for the public advertising of bids under N.J.S.A. 40A:11-3 et seq., unless the Township Attorney shall have endorsed, in writing, upon such deed or contract his or her approval as to form and legality, together with a statement of any liens or encumbrances affecting the transaction.
Upon the expiration of the term of office or resignation or removal therefrom, the Township Attorney shall forthwith surrender to the several Township officers charged with the custody thereof of all deeds, leases, conveyances, obligations, bonds, contracts, agreements, maps, reports, and other papers in his possession belonging to the Township. The Township Attorney shall deliver to his or her successor in office all legal papers and documents relating to the business of the Township, together with a written consent of substitution of his or her successor in all actions then pending and undetermined in which the Township is a party.
[1]
Editor’s Note: Former § 2-82, Deputy Municipal Department Head (Law), was repealed 7-22-2014 by Ord. No. 17-14.
A. 
The Township Attorney is authorized, within the available appropriations, to employ such additional counsel to aid in such actions, causes or proceedings of importance in which the Township is a party or otherwise interested, as he or she may deem necessary. Such special counsel shall be appointed from that list of attorneys designated by resolution of the Township Council as authorized to serve as legal counsel for the Township of Brick.
B. 
Where the Township Attorney cannot legally or ethically act on a matter for the Township, the Mayor may appoint separate counsel to represent it on that specific matter, upon the advice and consent of the Council. Such appointment is to be made from that list of attorneys designated by resolution of the Township Council as authorized to serve as legal counsel for the Township of Brick.