[HISTORY: Adopted by the Township Committee of the Township of Mansfield
6-5-1972 by Ord. No. 1972-2. Amendments noted where applicable.]
There is hereby created the office of Municipal Attorney. The Municipal
Attorney shall be appointed by the Township Committee by a majority vote of
its members. He shall be an attorney-at-law of New Jersey but need not be
a resident of the Township. In lieu of appointing an individual attorney,
the Township Committee may appoint a firm of attorneys, all members of which
shall be attorneys-at-law of New Jersey. The attorney shall not receive a
fixed salary but shall be paid reasonable fees and charges for each item of
work performed by him commensurate with the standards for such charges in
the community.
A.
The Attorney shall have such powers and perform such
duties as are provided for the office of Municipal Attorney by general law
or ordinances of the Township.
B.
He shall represent the Township in all judicial and administrative
proceedings in which the municipality or any of its officers or agencies,
except those having their own solicitor, may be a party or have an interest.
C.
He shall give all legal counsel and advice where required
by the Township Committee or any member thereof and shall in general serve
as the legal advisor to the Township Committee on all matters of Township
business.
D.
In furtherance of such general powers and duties, but
without limitation thereto, the Municipal Attorney shall:
(1)
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 municipality.
(2)
Conduct appeals from orders, decisions or judgments affecting
any interest of the Township as he may in his discretion determine to be necessary
or desirable, or as directed by the Township Committee.
(3)
Subject to the approval of the Township Committee, have
power to enter into any agreement, compromise or settlement of any litigation
in which the Township is involved.
(4)
Render opinions in writing upon any question of law submitted
to him by the Township Committee, or any member thereof, with respect to their
official powers and duties and shall perform such duties as may be necessary
to provide legal counsel to the Township Committee in the administration of
municipal affairs.
(5)
Supervise and direct the work of such additional attorneys
and technical and professional assistants as the Township Committee may authorize
for special or regular employment in or for the municipality.
(6)
Attend all regular meetings of the Township Committee
and such special meetings as the Committee shall direct.
(7)
Advise and assist and render opinions in writing to any
of the municipal officers in connection with the conduct of their office.
[Amended 1-19-1988 by Ord.
No. 1988-1; 12-27-1990 by Ord.
No. 1990-34]
There is hereby created the office of Municipal Engineer. The Municipal
Engineer shall be appointed by the Township Committee by a majority vote of
its members for the term of three years from the first day of January of the
year of his or her appointment and until his or her successor has been appointed
and qualified. The Municipal Engineer shall be a licensed professional engineer
of the State of New Jersey but need not be a resident of the Township. If
working full-time exclusively for the Township, the Municipal Engineer shall
receive an annual salary as determined by the Township Committee, which may
be increased in appropriate increments each year, but if not a full-time municipal
employee, the engineer shall be compensated for the reasonable value of each
item of service, either on a fixed-fee basis or at an hourly rate, based upon
actual time and expenses agreed on prior to the rendering of said services.
At no time will the Municipal Engineer ever be compensated by receiving a
percentage of the contract for which he renders services.
The Municipal Engineer shall perform such duties as are prescribed by
general law and ordinance and in addition:
A.
Shall prepare or cause to be prepared plans, designs
and specifications for public works and improvements undertaken by the Township,
either on force account or by public contract.
B.
Shall provide and maintain surveys, maps, plans, specifications
and control records with respect to public works and facilities owned or operated
by the Township.
C.
Shall provide technical and engineering advice and assistance
to other Township departments as needed.
D.
All papers, documents, memoranda, reports and other materials
relating to the administration of engineering duties of the Municipal Engineer
shall be and remain the property of the Township. Upon the termination of
his services with the Township, the Municipal Engineer shall forthwith surrender
to his successor all such property.
This chapter shall take effect upon its final passage and publication
according to law, but the provisions hereof shall be retroactive to January
1, 1972, and the appointment of any attorney or engineer to the respective
offices prior to that date is hereby ratified and confirmed.
