There is hereby established in the Township
a Department of Law, the head of which shall be the Township Attorney.
A.
Qualifications. The Township Attorney shall be an
attorney at law duly admitted to practice in the State of New Jersey.
B.
Appointment; compensation; term. He shall be appointed
by the Township Committee by resolution duly adopted for a term of
one year commencing on January 1, 1974, and on the first day of each
January thereafter. He shall receive such compensation as an employee
of the Township for his services as shall be provided by the Township
Committee.
C.
Duties. The Township Attorney shall be the chief legal
advisor of the Township and shall be in charge of the Law Department
and its personnel. His duties shall be as follows:
(1)
He shall attend the meetings and conferences of the
Township Committee.
(2)
He shall confer with and advise, when requested by
the members of the Township Committee and other designated representatives
of the Township, as to legal questions affecting the Township.
(3)
He shall draft or approve as to form and sufficiency
all legal documents, contracts, deeds, ordinances and resolutions
made, executed or adopted by or on behalf of the Township.
D.
For services outlined in Subsection C, the Township Attorney shall receive his annual compensation as fixed by ordinance, plus disbursements.
E.
Additional duties. In addition to the duties set forth in Subsection C, the Township Attorney shall:
(1)
Render formal written opinions on legal matters affecting
the Township when requested.
(2)
Represent the Township, its officers and agents in
all suits or other legal proceedings brought on its behalf by its
authority or in which it or they shall be made defendants.
(3)
Represent any boards or commissions of the Township
in any suits or other legal proceedings brought against them or their
members and in any suits or other legal proceedings brought by them
upon the authorization of the Township, except in such instances as
such boards or commissions may have an authorized counsel as provided
by law.
(4)
Act as counsel for the Township in the acquisition,
sale or exchange of all real estate.
(5)
Act as counsel for the Township in all other instances
not specifically set forth where so requested by the Township Committee.
(6)
Act as counsel for the Township in all labor negotiations,
where requested, and in all condemnation proceedings.
A.
Appointment. The Township Committee may appoint an
Assistant Township Attorney or Attorneys, one of whom shall be designated
to serve as Municipal Prosecutor. Their terms shall run concurrent
with that of the Township Attorney. They shall also receive such compensation
for their services as may be designated by the Township Committee.
B.
Duties of Assistant Township Attorney. The Assistant
Township Attorney shall be under the supervision of the Township Attorney
and shall perform such duties as may be assigned to him by the Township
Attorney. He shall have the authority to perform any and all of the
duties imposed by this section upon the Township Attorney. In the
absence or incapacity of the Township Attorney, the Assistant Township
Attorney shall perform the duties of the Township Attorney.
C.
Duties of Municipal Prosecutor. The Municipal Prosecutor
shall be under the supervision of the Township Attorney. The duties
of the Municipal Prosecutor shall be as follows:
(1)
He shall attend all sessions of the Township Municipal
Court and prosecute all motor vehicle cases and disorderly person
offenses and conduct preliminary hearings and court cases in which
the Township is a party in interest. He shall prosecute all appeals
from Municipal Court convictions which do not come within the jurisdiction
of the office of the Essex County Prosecutor.
(2)
He shall instruct members of the Police Department
in court procedures and assist personnel of the Township Municipal
Court in the matters of preparation of legal papers pertaining to
the business of the Court.
All papers and documents pertaining to the Township
legal matters shall remain the property of the Township, and when
any member of the Law Department terminates his services he shall
return all such papers and documents to the Township.
The Township Committee shall also have the power
to employ special counsel when it deems it in the best interest of
the Township.
