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.