[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.