[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 § 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.
A.
Assistant Municipal Attorney. The Director of Law
shall appoint the Assistant Municipal Attorney, who shall serve for
the term of the Mayor. Prior to his appointment, any Assistant Municipal
Attorney shall have been admitted to the practice of law in the State
of New Jersey for at least five years. He shall receive such compensation
as shall be provided by ordinance or by contractual agreement to be
authorized by the Mayor, with the advice and consent of the Council.
He shall be permitted to engage in the private practice of law. The
Assistant Municipal Attorney shall assist the Municipal Attorney in
all of the duties of his office with respect to such matters as should
be assigned to him, from time to time, by the Municipal Attorney.
The Assistant Municipal Attorney shall, during the absence or disability
of the Municipal Attorney, possess all the powers and perform all
the duties of the Municipal Attorney, and in the event of the death
or resignation of the Municipal Attorney or of the occurrence of a
vacancy in the office for any such reason, the Assistant Municipal
Attorney shall act as Municipal Attorney until the office is duly
filled pursuant to law.
[Amended 3-2-1992 by Ord. No. 5-92; 1-14-1993 by Ord. No.
2-93; 1-23-2012 by Ord. No. 2012-01]
B.
Municipal Prosecutor.
[Amended 1-14-1993 by Ord. No. 2-93; 1-23-2012 by Ord. No.
2012-01]
(1)
There
shall be a Municipal Prosecutor who shall be responsible for the conduct
of prosecutions and appeals involving crimes and offenses cognizable
by the Municipal Court of the Township of Old Bridge, except such
crimes as may be the duty of the County Prosecutor or Attorney General
to prosecute. The Prosecutor shall also prosecute violations of ordinances
of the Township and complaints of any department under state law.
(2)
The Prosecutor
shall be appointed by the Mayor with the advice and consent of the
Council and shall serve for a term of one year or until his or her
successor takes office. Such appointment shall be made for a calendar
year term to expire on December 31 of the year of the appointment.
The Prosecutor shall be compensated by contractual agreement, as determined
by the Mayor with the advice and consent of the Council as stated
herein.
(3)
The Prosecutor
shall exercise independent prosecutorial discretion and shall not
be supervised by the Director of Law.
C.
Whenever the Municipal Attorney believes the interests
of the Township require, the Mayor may appoint special counsel to
assist him in specialized legal matters and in the preparation, trial
or argument of such legal matters or proceedings as may be determined.
The employment of special counsel shall be on a contractual basis
and shall be within the limits of available appropriations, with the
approval of the Mayor and subject to contractual approval by the Council
as required by the Local Public Contracts Law.[1]
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
D.
If the Municipal Attorney and Assistant Municipal
Attorney should be disqualified with respect to any matter, the Mayor,
upon request of the Municipal Attorney, shall appoint special counsel.
Such appointments by the Mayor shall be on a contractual basis and
shall be subject to contractual approval by the Council as required
by the Local Public Contracts Law.
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)
Attendance at public meetings of the Council.
(2)
Attendance at caucus meetings of the Council as well
as special workshop meetings and any additional committee meetings
as requested.
(3)
Conferences with the Mayor and Council.
(4)
Conferences with the administrative staff.
(5)
Conferences with consultants and other professionals.
(6)
Legal advice and rendering written opinions to the
Mayor, Council, administrative staff, boards, commissions, committees,
consultants and professionals.
(7)
Drafting of ordinances and resolutions.
(8)
Representation of the Tax Assessor if requested before
the Boards of Taxation.
(9)
Review and approval of all contracts, deeds and similar
documents.
(10)
Advice and oversight as requested by the Administrator
with regard to bidding procedures.
(11)
Real property sales, including publications, bidding
and services involved in passage of title.
(12)
Personal property sales, including publications, bidding
and services involved in passage of ownership.
(13)
Alcoholic beverage control matters at the municipal
level.
(14)
Federal and state aid matters at the municipal level.
(15)
Personnel matters, excluding labor negotiations and
collective bargaining agreements.
(16)
Legal advice on capital improvement projects.
(17)
Planning Board appeals to the Township Council.
(18)
Zoning Board of Adjustment appeals to the Township
Council.
(19)
Rendering of such legal opinions as may be requested
by Bond Counsel.
(20)
Administrative functions required of the Director
of the Department of Law.
(21)
Tax foreclosures.
(22)
Land acquisitions.
(23)
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)
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)
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.
