[Adopted 4-3-2007 by Ord. No. 14-09-2007[1]]
[1]
Editor's Note: This ordinance also repealed
former Art. VII, Corporation Counsel, adopted 12-7-2004 by Ord. No.
12-28-2004.
There is hereby created in the Township of Kingwood,
County of Hunterdon, State of New Jersey, the Office of Municipal
Attorney. The Municipal Attorney shall be appointed by the Township
Committee in accordance with the provisions of N.J.S.A. 40A:9-139.
The term "Municipal Attorney" shall be synonymous with the term "Township
Attorney." Whenever in any municipal ordinance the term "Township
Attorney" is used, the reference is to the Municipal Attorney.
The Municipal Attorney shall be an experienced
municipal attorney licensed as a New Jersey attorney by the New Jersey
Supreme Court and be in good standing authorized to practice before
the Courts of the State of New Jersey. The Municipal Attorney may,
but need not, be a resident of the Township, and the term of Municipal
Attorney shall be a period of one year from the date of appointment
and execution of an employment contract with the Township. The Municipal
Attorney shall be compensated in an annual salary or fixed-fee basis
or at an hourly rate and based upon actual time and expenses agreed
upon prior to the rendering of the services.
Municipal Attorney shall be the chief law officer
of the Township and the attorney of record in all proceedings wherein
the Township or any of its officers, boards, bodies or commissions,
by reason of any suits growing out of their official position, shall
be a party. In furtherance of the Municipal Attorney's general powers
and abilities, but without limiting them, the Municipal Attorney shall:
A.
Provide legal counsel to the Township Committee at
municipal meetings.
B.
Attend all regular meetings of the Township Committee
and such special meetings as requested by the Township Committee.
C.
Review and/or prepare as necessary, all ordinances,
resolutions, contracts, deeds and other documents, at the direction
of the Township Committee.
D.
Advise the Township Committee, Municipal Clerk, Chief
Financial Officer, Tax Assessor, and other department heads and municipal
officers on all matters involving the business of the Township.
E.
Furnish day-to-day advice to the members of the Township
Committee, various department heads and municipal officials.
F.
Conduct appeals of orders, decisions or judgments
affecting any interest of the Township.
G.
With the approval of the Township Committee, compromise
or settle litigation or other matters in which the Township is involved.
H.
Render oral and/or written opinions upon questions
of law submitted by the Township Committee with respect to its official
powers and duties or other matters.
I.
Serve as a member of the Emergency Management Council
of the Township.
J.
Represent the Township before the Municipal Court
on all Township development regulation, zoning or code enforcement
matters.
K.
Represent the Township of Kingwood before the County
Board of Taxation and the Tax Court of the State of New Jersey.
L.
The Municipal Attorney shall appear for and represent
the Township and the Township Committee before such other boards,
committees and commissions or municipal officials as directed by the
Township Committee in all lawsuits, administrative proceedings and
general matters or proceedings affecting the Township or municipal
officials.
M.
Represent the Township before the courts of the State
of New Jersey and all other administrative bodies and regulatory agencies.
N.
Supervise and direct the work of all other attorneys
retained by the Township, and within the limitations as may be permitted
by specific statutes or laws governing their appointment and responsibilities.
All matters in which the Township is named as a defendant or party
to a court or other type of enforcement or regulatory action, whether
it be against a particular board, committee or commission, or municipal
official, shall be referred to the Municipal Attorney for review and
advice to the Township Committee for a final decision on representation
on such action.
The Municipal Attorney, upon consultation with
and approval of the Township Committee, and within available appropriations,
shall be authorized on behalf and through the municipality to employ
as a professional consultant such additional counsel with specialized
knowledge and experience to aid in the trial or argument of such actions,
causes or proceedings which the Municipal Attorney and Township Committee
may deem necessary.
The Township Committee shall reimburse the Municipal
Attorney for all costs, fees and expenses incurred on behalf of the
Township, upon submission by the Municipal Attorney of detailed vouchers
for fees and costs incurred by the Municipal Attorney.
Upon the expiration of the Municipal Attorney's
period of appointment and employment, he/she shall forthwith surrender
to the Township of Kingwood, all deeds, leases, conveyances, obligations,
bonds, contracts, agreements, maps, reports and other documents in
the Municipal Attorney's possession belonging to the Township of Kingwood
and execute a written consent of substitution prepared by his/her
successor in all actions pending in which the Township is a party.
