[Adopted 5-9-1995 by Ord. No. 95-19 (Ch. 31, Art. XB, of the 1977 Code); amended 2-23-2000 by Ord. No. 2000-3]
There is hereby established the position of Special Counsel whose responsibilities shall conform with their appointment and § 73-77.
Any Special Counsel shall, as a condition of
eligibility for appointment and for continuation in office, be licensed
to practice law in the State of New Jersey.
A.
Provide legal counsel to the Township Committee.
B.
Provide legal counsel to all other boards and committees
of the Township not having its 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.
Appear before the Township Committee to discuss litigation
matters as the Township Committee may direct.
F.
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.
G.
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.
H.
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.
I.
Limitation on power to compromise. Any Special Counsel
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 subsection
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.
J.
Perform such other duties and responsibilities as
the Township Committee, Township Attorney, and Township Administrator
may deem appropriate.
A.
Any Special Counsel shall receive such compensation
as is set forth in 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 Special Counsel.
B.
All work performed by any special counsel 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 § 73-77, 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 any special counsel, shall require an approval by the governing body authorizing such services.
The Township Attorney is authorized, with the
prior approval of the governing body to employ such additional counsel
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, or represent
or advise the Township in specific legal issues or areas as the Township
Attorney may deem necessary and appropriate.
A.
The Township Committee may remove any Special Counsel
at any time for good cause by a majority vote of all its members.
A reasonable period of notification, not less than 90 days, shall
be given by the Township Clerk or by any Special Counsel with respect
to any termination of employment. The period of notification may be
less upon mutual agreement of the Township Committee and Special Counsel.
B.
Upon the expiration of his or her term of office or
his or her resignation or removal therefrom, any Special Counsel 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.
