[Adopted 5-9-1995 by Ord. No. 95-19 (Ch. 31, Art. X, of the 1977 Code); amended 2-23-2000 by Ord. No. 2000-03]
Pursuant to N.J.S.A. 40A:9-139, there is hereby created and established in and for the Township of Hillsborough, the office of Township Attorney. The duties and responsibilities of the Township Attorney shall be handled by the Township Attorney and any Special Counsel, as appointed, both of whom shall be deemed the legal representative of the Township of Hillsborough.
The Township Attorney's responsibilities shall involve the day-to-day legal affairs of the Township and general litigation services to the Township.
The Township Attorney shall, as a condition of eligibility for appointment and for continuation in office, be licensed to practice law in the State of New Jersey.
The Township Attorney shall be responsible for handling all of the day-to-day legal affairs of the Township, and general litigation services on behalf of the Township. Said duties and responsibilities shall include, but not be limited to, the following:
A. 
Provide legal counsel to the Township Committee.
B. 
Provide legal counsel to all other boards and committees of the Township not having their own attorney.
C. 
Provide legal advice and counsel to the Township Administrator, Township Clerk, department heads and other officers of the Township.
D. 
Attend all public meetings of the Township Committee, as well as work sessions where directed by the Township Committee.
E. 
Attend to the day-to-day legal affairs of the Township.
F. 
Prepare and/or review all ordinances and resolutions as directed by the Township Committee.
G. 
Defend all judicial and administrative proceedings brought against the Township, its boards and members, its officials and employees.
H. 
Prosecute all judicial and administrative proceedings brought on behalf of the Township.
I. 
Review litigation filed against the Township or litigation which the Township may be interested in pursuing and making recommendations regarding same.
J. 
Appear before the Township Committee to discuss litigation matters as the Township Committee may direct.
K. 
Prepare or draft legal instruments; prepare draft and approve as to form and sufficiency all legal documents, instruments, contracts and deeds to which the Township is a party, including such instruments and agreements with other municipalities, and approve also as to form all bonds required to be submitted to the Township.
L. 
Bid openings. Attend and advise the committee or any designated officer of the Township in the opening and awarding of public bids.
M. 
Additional attorneys and technical assistants. Supervise and direct the work of such additional attorneys, special counsel and counsel(s) and technical and professional assistants as the Committee may authorize for special or regular employment in the office of Township Attorney.
N. 
Tax appeals. Represent the Township in all tax appeals.
O. 
Bonding ordinances. Perform all of the required legal services in the preparation, submission and adoption of bonds ordinances authorized by the Committee in accordance with the applicable New Jersey statutes and assist and furnish all the necessary information to any special counsel hired for purposes of a particular bond issue.
P. 
Real estate acquisitions. Perform all the necessary legal services in connection with all real estate acquisitions involving the Township.
Q. 
Make reports.
(1) 
Immediate report of decision. Immediately report to the administrator and Committee the outcome of any litigation in which the Township has an interest.
(2) 
Annual report of pending litigation. Make an annual report to the Administrator and Committee, by the first regular meeting of the year, or all pending litigation in which the Township has an interest and the condition thereof
R. 
Keep records.
(1) 
Litigation. Keep a complete record of all litigation in which the Township had or has an interest, giving the names of the parties, the court where brought, the nature of the action, the disposition of the case or its condition, if pending, and the briefs of counsel.
(2) 
Opinions and titles. Keep a complete record of all written opinions furnished by him or her and of all certificates or abstracts of title furnished by him or her to the Township or any department or official thereof.
S. 
Approval of deeds and contracts. No warrant shall be issued for the payment of any money from the Township treasury in any matter where a deed is necessary or under any contract to which the Township is a party, unless the Township Attorney shall have endorsed thereon, in writing, his or her approval as to form and legality, together with a statement of any liens or encumbrances affecting the transaction.
T. 
Limitation on power to compromise. The Township Attorney shall not, without approval of the governing body, be empowered to compromise, settle or adjust any rights, claims, demands or causes of action in favor of or against the Township, nor to permit, offer or confess judgment against the Township, nor to accept any offer or judgment in favor of the Township, provided that this section shall not operate to limit or abridge the discretion of the Township Attorney in regard to the proper conduct of the trial of any action or proceeding or deprive him or her of the powers and privileges ordinarily exercised in judicial proceedings by counsel acting for private clients.
U. 
Special Counsel. The Township Attorney is authorized, with the prior approval of the governing body and within the available appropriations, to employ such additional counsel including appointment of Special Counsel as provided herein to aid in the trial or argument of such causes or proceedings of importance in which the Township may be a party or be interested, as he or she may deem necessary.
V. 
Perform such other duties and responsibilities, as the Township Committee or Township Administrator may deem appropriate.
A. 
The Township Attorney shall receive such compensation as is limited by the Salary Range Ordinance and set by resolution as both may be amended from time to time and as otherwise may be negotiated in an award of contract to such Township Attorney.
B. 
All work performed by the Township Attorney outside the scope and spirit of the above-mentioned services, including but not limited to services as counsel in litigation, administrative or condemnation proceedings, except as provided in § 73-71, shall be paid for by the municipality upon the submission of reasonable bills for such services performed, supported by the pertinent vouchers. All such nonsalaried services, prior to undertaking by the Township Attorney, shall require approval by the governing body authorizing such services.
The Township Attorney shall be appointed by the Township Committee. The term of office shall be for one year.
A. 
The Township Committee may remove the Township Attorney for good cause by a majority vote of all of its members. A reasonable period of notification, not less than 90 days, shall be given by the Township Clerk or by the Township Attorney with respect to any termination of employment. The period of notification may be less upon mutual agreement of the Township Committee and Township Attorney.
B. 
Upon the expiration of his or her term of office or his or her resignation or removal therefrom, the Township Attorney shall surrender forthwith, to the several Township officers charged with the custody thereof, all deeds, leases, conveyances, obligations, bonds, contracts, agreements, reports and all other papers in his or her hands belonging to the Township and shall deliver to his or her successor in office all legal papers and documents relating to the business of the Township, together with a written consent of substitution of his or her successor in all actions then pending and undetermined in which the Township is a party.[1]
[1]
Editor's Note: Original Art. XA, Corporation Counsel, has been deleted as being superseded by Ord. No. 2000-3 appearing as Arts. XIII and XIV of this chapter.