[Amended 3-2-1992 by Ord. No. 5-1992; 7-13-1998 by Ord. No. 56-98; 1-26-2004 by Ord. No. 02-04; 1-9-2006 by Ord. No. 38-2005; 1-23-2012 by Ord. No.
2012-01]
There shall be a Department of Law, the head of which shall be the Director of Law and Municipal Attorney. The Municipal Attorney shall be appointed by the Mayor, with the advice and consent of the Council, and shall serve during the term of office of the Mayor and until the appointment and qualification of his successor. The Municipal Attorney shall receive such compensation as shall be provided by ordinance, subject to §Â
5-64 below, or by contractual agreement. Prior to his appointment, he shall have been duly admitted to the practice of law in this state for at least five years. He shall be permitted to engage in the private practice of law.
The Municipal Attorney shall be the legal advisor
to the Mayor, to the Council and to all departments, except as may
be otherwise provided by the Charter. He shall prosecute and defend
actions and proceedings by and against the Township and every department
thereof. In furtherance of these general powers, and without limitation
thereto, he shall:
A. Advise the Council as to the form and sufficiency
of all ordinances and resolutions prior to their passage.
B. Review and approve all contracts, deeds, documents
and instruments prior to the execution thereof by or on behalf of
the Township.
C. Conduct appeals from orders, decisions or judgments
affecting any interests of the Township as he may, in his discretion,
determine to be necessary or desirable or as directed by the Mayor
or Council.
D. Subject to the approval of Council, have power to
enter into any agreement, compromise or settlement of any litigation
in which the Township is involved.
E. Render opinions, in writing, upon any question of
law submitted to him by the Mayor, the Council, the Business Administrator,
the Town Clerk or the head of any department with respect to their
official powers and duties.
F. Maintain a record of all actions, suits, proceedings
and matters which relate to the Township's interest and report thereon,
from time to time, as the Mayor or Council may require.
G. Have such other and different functions, powers and
duties as may be provided by the Charter or ordinance.
All papers, documents, memoranda, reports and
other materials relating to the administration of the office of the
Municipal Attorney shall remain the property of the Township. Upon
the termination of his service with the Township, the Municipal Attorney
shall promptly surrender to his successor all such property, together
with a written consent to substitution of his successor in all legal
actions and proceedings then pending in which the Township is a party.
Any Assistant Municipal Attorney or special counsel shall have a like
duty and obligation upon the termination of his service with the Township.
[Amended 2-21-1989 by Ord. No. 8-89; 3-2-1992 by Ord. No. 5-92; 1-14-1993 by Ord. No. 2-93; 7-13-1998 by Ord. No. 56-98; 1-23-2012 by Ord. No.
2012-01]
A. Unless otherwise established by contractual agreement,
the compensation of the Director of Law shall be such sum annually
as shall be fixed by the Council pursuant to its authority under N.J.S.A.
40:69A-180(c).
B. Unless otherwise established by contractual agreement,
the compensation shall cover the following services:
(1)Â Attendance at public meetings of the Council.
(2)Â Attendance at caucus meetings of the Council as well
as special workshop meetings and any additional committee meetings
as requested.
(3)Â Conferences with the Mayor and Council.
(4)Â Conferences with the administrative staff.
(5)Â Conferences with consultants and other professionals.
(6)Â Legal advice and rendering written opinions to the
Mayor, Council, administrative staff, boards, commissions, committees,
consultants and professionals.
(7)Â Drafting of ordinances and resolutions.
(8)Â Representation of the Tax Assessor if requested before
the Boards of Taxation.
(9)Â Review and approval of all contracts, deeds and similar
documents.
(10)Â Advice and oversight as requested by the Administrator
with regard to bidding procedures.
(11)Â Real property sales, including publications, bidding
and services involved in passage of title.
(12)Â Personal property sales, including publications, bidding
and services involved in passage of ownership.
(13)Â Alcoholic beverage control matters at the municipal
level.
(14)Â Federal and state aid matters at the municipal level.
(15)Â Personnel matters, excluding labor negotiations and
collective bargaining agreements.
(16)Â Legal advice on capital improvement projects.
(17)Â Planning Board appeals to the Township Council.
(18)Â Zoning Board of Adjustment appeals to the Township
Council.
(19)Â Rendering of such legal opinions as may be requested
by Bond Counsel.
(20)Â Administrative functions required of the Director
of the Department of Law.
(23)Â Ordinary litigation (those actions venued in Superior
Court, Special Civil Part).
C. Unless otherwise established by contractual agreement,
the compensation shall not include services such as:
(1)Â Extraordinary litigation, which shall include any
matter other than ordinary litigation, including but not limited to
matters regarding the constitutionality of the municipal land use
ordinance; class action suits; discrimination suits; appearances before
the Supreme Court of New Jersey, all federal courts and the Appellate
Division of the Superior Court of New Jersey or such other matters
resulting in three or more consecutive trial days. In the event that
extraordinary litigation is required, the responsible attorney shall
be compensated by the Township at a rate of $135 per hour for such
matter. No lawsuit which could be covered by appropriate insurance
shall be handled by the Director, Assistant Director or Special Counsel
unless and until the Director has submitted the claim to JIF and has
been notified in writing that coverage has been denied.
(2)Â Legal research and drafting of major ordinances, i.e.,
PUD, major zoning revisions, codification of ordinances, etc. The
major nature of the ordinance will be determined by the Council. Compensation
for such matters will be at a rate of $135 per hour.
D. Unless otherwise established by contractual agreement,
the Director of Law and the Assistant Township Attorney shall be reasonably
compensated on a voucher basis for all out-of-pocket expenses, such
as filing fees, postage, duplication, etc., incurred by the responsible
attorney in connection with the performance of his or her duties.
[Added 3-2-1992 by Ord. No. 5-92; 1-9-2006 by Ord. No. 38-2005; 1-23-2012 by Ord. No. 2012-01]
A. Unless otherwise
established by contractual agreement, there shall be payment by the
Township on a voucher basis for all traveling, miscellaneous business
expenses, continuing legal education fees and legal reference books
and periodicals incurred in the course of the official duties of the
Township Attorney.
B. Unless otherwise
established by contractual agreement, there shall be payment by the
Township on a voucher basis for all legal and filing fees and court
costs in connection with any legal matter or proceeding for which
the Municipal Attorney may be liable in his official capacity.
C. Unless otherwise
established by contractual agreement, all employee and personnel benefits,
rules, regulations and policies of the Township of Old Bridge relating
to vacation, sick leave, holiday and other fringe benefits as they
now exist or shall hereafter be amended shall apply to the Municipal
Attorney.
[Added 3-2-1992 by Ord. No. 5-92]
In addition to the Municipal Attorney and the
Assistant Municipal Attorney, the Department of Law shall consist
of such paralegal, clerical and secretarial personnel as appointed
by the Mayor.