A.
The Township Attorney shall be appointed by the Mayor
with the advice and consent of the Council and shall serve during
the term of the office of the Mayor appointing the Attorney and until
the appointment and qualification of the Attorney's successor. The
Township Attorney shall receive such compensation as shall be provided
by contractual agreement. The Township Attorney shall certify that
to the best of the Attorney's knowledge there are no conflicts of
interest with the Township Attorney's outside practice. The Township
Attorney shall have sufficient experience in municipal law to serve
in said position. The Township Attorney's duties shall include, but
not be limited to the following:
(1)
Being the legal advisor to the Mayor, to the Council
and to all departments. The Township Attorney shall prosecute and
defend all actions and proceedings by and against the Township and
every department thereof, except as otherwise provided by law.
(2)
Conducting appeals from orders, decisions or judgments
affecting any interest that the Township Attorney may, in the Township
Attorney's discretion, determine to be necessary or desirable or as
directed by the Mayor.
(3)
Subject to the approval of the Council, having the
power to enter into any agreement, compromise or settlement of any
litigation in which the Township is involved.
(4)
Rendering opinions, either orally or in writing, upon
any questions of law submitted to the Township Attorney by the Mayor,
Council, Business Administrator, Township Clerk or the Director of
any department with respect to the official powers or duties.
[Amended 5-13-1996 by Ord. No. 96-10]
(5)
Reviewing and approving as to form all contracts,
deeds, documents and instruments prior to the execution thereof by
or on behalf of the Township.
(6)
Maintaining a record of all actions, suits, proceedings
and matters which relate to the Township's interest, and reporting
thereon from time to time as the Mayor may require.
(7)
Defending, at the request of any current or, where
applicable, former Township officer or employee, any action brought
against such officer or employee (other than an action brought against
such officer or employee by the Township) for any act or omission
arising out of or incidental to the performance of the duties as an
officer or employee of the Township.
[Amended 5-13-1996 by Ord. No. 96-10]
B.
Whenever the Township Attorney believes the interests
of the Township require, the Township Attorney may appoint special
counsel to assist in specialized legal matters and in the preparation,
trial or argument of such legal matters or proceedings. 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.
C.
If the Township Attorney should be disqualified with
respect to any matter, the Mayor, upon request of the Township 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.
D.
Records and papers. All papers, documents, memoranda,
reports and other materials relating to the administration of the
Department of Law shall remain the property of the Township. Upon
the termination of the Township Attorney's service with the Township,
the Township Attorney shall promptly surrender to the successor all
such property, together with a written consent to substitution of
the successor in all legal actions and proceedings then pending in
which the Township is a party.
There shall be a Township Prosecutor appointed
by the Mayor with the advice and consent of the Council for a term
of one year and until the appointment and qualification of a successor.
The Township Prosecutor may also be the Township Attorney; if not,
the Township Prosecutor shall report to the Township Attorney. The
duties of the Township Prosecutor shall be as follows:
A.
Participating in and prosecuting all cases when necessary
or practical in the Township Municipal Court, including all criminal
and quasi-criminal matters and all complaints by Township officials,
inspectors and directors, unless otherwise directed by the Township
Attorney.
B.
Having the power and authority, to the extent not
inconsistent with any statutes of the State of New Jersey or Township
ordinances, to settle, compromise, downgrade or dismiss any complaints
when in the Prosecutor's judgment the best interests of the Township
will be served.
There shall be a Public Defender appointed by
the Mayor with the advice and consent of the Council for a term of
one year and until the appointment and qualification of a successor.
The duties of the Public Defender shall be as follows:
A.
The Public Defender shall attend all sessions of the
Municipal Court as required and shall serve as the defense attorney
for any and all indigent defendants charged with a disorderly persons
offense or with a violation of any law, ordinance or regulation of
a penal nature which could result in a penalty of incarceration, substantial
fine or, in the opinion of the court, any other consequence of magnitude.
[Amended 4-19-1999 by Ord. No. 99-07]
B.
It shall be the duty of the Township Municipal Judge
to ascertain whether such indigent defendants desire the services
of a Public Defender and are in fact indigent and determine whether
or not the charges sufficiently warrant the assignment of the Public
Defender and, in such cases, to make the assignment to the Public
Defender.
C.
In the event that the Public Defender ascertains that
such defendant(s) so assigned is/are not in fact indigent, the Public
Defender will so advise the Judge, who will make the final determination
in regard to whether such defendant(s) is/are entitled to the service
of the Public Defender.
[Amended 5-13-1996 by Ord. No. 96-10]
D.
The Public Defender shall provide the Township Attorney
with a monthly report outlining the activities and including the number
of cases handled, disposition thereof, number of appeals and their
disposition.
