The Mayor, with the advice and consent of the
Township Council, shall appoint the Township Attorney for a term of
one year. The position of Township Attorney need not be full-time;
the Township Attorney shall be appointed pursuant to a professional
services resolution adopted in accordance with the New Jersey Local
Public Contracts Law (N.J.S.A. 40A:11-1 et seq.).
The Township Attorney shall be the legal advisor
to the Mayor, to the Township Council, to the Clerk and to the Business
Administrator and, through the Business Administrator, to all the
administrative divisions. He shall prosecute and defend claims and
proceedings by and against the Township and every department thereof.
In furtherance of these general powers, and without limitation thereof,
the Township Attorney shall:
A.
Advise the Township 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 interest of the Township, as the Township Attorney may
determine to be necessary or desirable, or as directed by the Township
Council.
D.
Subject to the approval of the Township Council, have
power to enter into any agreement, compromise or settlement of any
litigation in which the Township is involved.
E.
Render verbal and written opinions, in writing, upon
any question of law submitted to him by the Mayor or the Township
Council with respect to their official powers and duties, or the powers
and duties of any officer of the Township, or with respect to any
other matter of official business.
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 Township Council may require.
G.
Have such other and different functions, powers and
duties as may be provided in this Code.
Whenever the Township Attorney deems the interests
of the Township so require, the Mayor, upon the recommendation of
the Township Attorney and with the advice and consent of the Township
Council, may, pursuant to the New Jersey Local Public Contracts Law
(N.J.S.A. 40A:11-1 et seq.) and within the limits of available appropriations,
appoint special counsel to assist the Township Attorney in the preparation,
trial or argument of such legal matters or proceedings. If the Township
Attorney should be disqualified with respect to any matter, the Township
Council shall appoint special counsel to represent the Township with
respect to such matter.
All papers, documents, memoranda, reports and
all other materials relating to the administration of the function
of the Township Attorney shall be and remain the property of the Township.
Upon termination of the Township Attorney's service with the Township,
the Township Attorney shall forthwith 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 to
which the Township is a party.
