There is hereby created a Department of Law,
the head of which shall have the title of Township Attorney. Within
the Department of Law and under the supervision of the Township Attorney,
there shall be the Township Prosecutor, the Municipal Public Defender,
such special counsel as shall be appointed by the Township Attorney,
and such other technical personnel necessary to carry out the functions
of the Department of Law.
A.
Appointment; qualifications. The Township Attorney
shall be appointed by the Mayor, with the approval of the Council,
for a term concurrent with that of the Mayor. Prior to his/her appointment,
the Township Attorney shall have been duly admitted to the practice
of law in the State of New Jersey for a period of not less than five
years.
B.
Powers and duties. The Township Attorney shall:
(1)
Be the chief legal adviser of the Township and all
of its officers, departments and boards, as permitted by law.
(2)
Give all necessary legal counsel and advice, when
required by the Council or the Mayor, concerning the rights and duties
of any and all officers, assistants and subordinate employees of the
Township.
(3)
Prepare all ordinances, regulations, resolutions,
contracts, deeds, bonds, notes and other legal papers of whatever
nature.
(4)
Assist in the preparation of and advise upon any legislation
effecting the Township, its administration and form of government.
(5)
Be the attorney of record in all actions and proceedings
for the enforcement of ordinances and other regulations of the Township,
and in all actions and proceedings in any court or before any board
wherein the Township or its officers, boards, departments or employees,
by reason of any suits growing out of their official duties, shall
be parties defendant or parties in interest, exclusive of the Zoning
Board of Adjustment.
(6)
When required by law, defend any action instituted
against any officer, agent or employee by reason of any act or thing
done by such officer, agent or employee in the line of his/her duty
and in the course of his/her employment.
(7)
Handle any and all matters pertaining to tax liens
and the foreclosure of the same.
(8)
Review and approve all contracts, deeds, documents
and instruments prior to the execution thereof by and in behalf of
the Township.
(9)
Conduct appeals from orders, decisions or judgments
affecting any interest of the Township as directed by the Council.
(10)
Maintain a record of all actions, suits and minutes
which relate to the Township's interest and file reports thereof from
time to time as the Mayor and Council may require.
(11)
Settle and compromise, with the advice and consent
of the Council, any matters referred to him/her.
[Amended 3-12-2003 by Ord. No. 4-2003]
(12)
The Township Attorney shall give all necessary legal counsel and
advice, when required by the Council or the Mayor, including preparation
of ordinances, regulations, resolutions, contracts and necessary legal
papers concerning redevelopment.
[Added 12-27-2017 by Ord.
No. 40-2017[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection
B(12) as Subsection B(13).
(13)
Perform such other duties, within the scope hereof,
as may be required by the Council.
C.
Preservation of records of Department. The Township
Attorney shall preserve all papers, documents, memoranda, reports
and other materials relating to the administration of the Department
of Law, all of which shall remain the property of the Township. Upon
the termination of his/her service, the Township Attorney shall forthwith
deliver to his/her successor all such property, together with a written
consent for the substitution of his/her successor in all pending legal
actions and proceedings to which the Township is a party.
D.
Hiring of additional counsel. The Township Attorney
is authorized to employ special counsel to aid in the accomplishment
of his/her duties, as the Council may approve.
A.
Appointment, term and qualification. The Township
Prosecutor shall be appointed by the Director of the Department of
Law for a term of one year. Prior to his/her appointment, the Township
Prosecutor shall have been duly admitted to the practice of law in
the State of New Jersey and shall be a member in good standing. The
Township Prosecutor shall be under the control and supervision of
the Township Attorney.[1]
B.
Powers and duties. The Township Prosecutor shall prosecute
actions in the Municipal Court instituted by officers and employees
of the Township and, where appropriate, by private citizens of the
Township.
A.
Appointment; qualifications. The Director of the Department
of Law shall appoint a Municipal Public Defender who shall have a
valid New Jersey license to practice law and be a member in good standing
of the New Jersey Bar.
B.
Duties. It shall be the duty of the Municipal Public
Defender to represent and give legal counsel to indigents charged
in the Municipal Court of the Township with disorderly person or other
petty offenses, as may be assigned to him/her by the Municipal Judge.
C.
Term. The Public Defender shall be appointed for a
term of one year.
D.
Fee; application for services.
(1)
Any person applying for representation by the Municipal Public Defender shall pay an application fee in the amount set forth in Chapter 80, Fees, of the Code of the Township of Washington. The Municipal Judge may waive this fee, in whole or in part, if the Judge determines, in his/her sole discretion, that the application fee represents an unreasonable burden on the person seeking representation.
(2)
The fee shall be payable to the Township of Washington,
through the Municipal Court, and shall be accounted for as provided
by law.
