There shall be a Department of Law, the head
of which shall be the Solicitor, who shall be appointed by the Mayor
with the advice and consent of Council. The Solicitor shall serve
during the term of office of the Mayor appointing him or her and until
the appointment and qualification of his or her successor.
The Department of Law shall:
A. Provide legal advice and assistance to the Mayor and
Council and to all other departments, and prosecute and defend actions
and proceedings by and against the Township.
B. Draft ordinances and resolutions and advise as to
their form and sufficiency prior to passage.
C. Review and approve all contracts, deeds, documents
and instruments prior to the execution thereof by or on behalf of
the Township.
D. Conduct appeals from orders, decisions or judgments
affecting any interest in the Township as the Department may in its
discretion determine to be necessary or desirable, or as directed
by the Mayor or Council.
E. Subject to the approval of the Mayor or Council, have
power to enter into any agreement, compromise or settle any litigation
in which the Township is involved.
F. Render opinions in writing upon any question of law
submitted to the Department by the Mayor, Council, Business Administrator
or Clerk and to provide such emergency legal advice as may be required
to other officials, officers or employees of the Township.
G. 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 and Council may require.
H. Recommend to the Mayor and Council the employment
of special counsel to assist in the preparation, trial or argument
of such legal matters and proceedings as may develop, where it appears
to be in the best interests of the Township to obtain the services
of special counsel by reason of the nature of the matter or for any
other reason whatsoever. Such special counsel shall be employed by
the Township only upon the approval of the Mayor and Council and within
the available appropriations.
All papers, documents, memoranda, reports and
other materials relating to the administration of the Department of
Law shall be and remain the property of the Township. Upon the termination
of the Solicitor's services with the Township, each legal officer
shall forthwith surrender to his or her successor all such property,
together with a written consent to the substitution of his or her
successor in all legal actions and proceedings then pending to which
the Township is a party.