[Amended 11-24-2009 by Ord. No. 2009-27]
There shall be a Department of Law, the head of which shall
be the Township Solicitor.
[Amended 11-24-2009 by Ord. No. 2009-27]
The Township Solicitor shall be appointed by the Council by a majority vote of its members, for the term of one year from the first day of January of the year of appointment and until a successor has been appointed and qualified. The Township Solicitor shall be an attorney at law of New Jersey, but need not be a resident of the Township. The Township Solicitor shall receive a fixed salary as authorized by Township ordinance for the duties listed in § 3-33A through F, in addition to such fees and charges for litigation and extraordinary matters as shall be deemed reasonable and approved by the Council. In lieu of appointing an individual attorney, the Council may appoint a firm of attorneys, all members of which shall receive a fixed salary as authorized by Township ordinance, in addition to such fees and charges for litigation and extraordinary matters as shall be deemed reasonable and approved by the Council.
[Amended 11-24-2009 by Ord. No. 2009-27]
The Township Solicitor shall have such powers and perform such
duties as are provided for the office of Township Solicitor by general
law or ordinances of the Township. The Township Solicitor shall give
general legal counsel and advice where required by the Manager, Council
or any member thereof and shall in general serve as the legal advisor
to the Council and Manager on all general legal matters of Township
business. In furtherance of such general powers and duties, both without
limitation thereto, the Township Solicitor shall:
A.
Approve all resolutions, ordinances and instruments as to form and
defensibility before introduction and approval.
B.
Draft resolutions, ordinances, and instruments not requiring extraordinary
legal research, responsibilities, or analysis.
C.
Attend regular meetings of the Township Council and give opinions
on general questions of law that may arise at such meetings.
D.
Subject to the approval of the Township Council, have power to enter
into any agreement, compromise, or settlement of any litigation in
which the Township is involved.
E.
Render opinions in writing upon any question of law submitted to
the Township Solicitor by the Manager, Council, or any member thereof,
with respect to their official powers and duties, and perform such
duties as may be necessary to provide legal counsel to the Council
and Manager in the administration of municipal affairs not requiring
extraordinary legal research, responsibilities or analysis.
F.
Supervise and direct the work of such additional attorneys and technical
and professional assistants as the Council may authorize for special
or regular employment in or for the Township not requiring extraordinary
legal research, responsibilities or analysis.
There is hereby created within the Department of Law the offices
of Municipal Prosecutor and Assistant Municipal Prosecutor. The Municipal
Prosecutor and Assistant Municipal Prosecutor shall be attorneys at
law of the State of New Jersey who shall be appointed by a majority
vote of members of the Township Council. The terms of the Municipal
Prosecutor and Assistant Municipal Prosecutor shall begin on the first
day of January of the year of appointment and shall continue for a
period of one year or until such time as a successor has been appointed
and qualified. The Municipal Prosecutor and Assistant Municipal Prosecutor
shall perform all duties as required by N.J.S.A. 2B:25-1 et seq.,
the State Office of the Attorney General, applicable state laws, rules
and regulations. The Municipal Prosecutor and/or Assistant Municipal
Prosecutor shall prosecute all cases on behalf of the state or the
Township which are required to be heard before the Municipal Court.
The salary of the Municipal Prosecutor and Assistant Municipal Prosecutor
shall be fixed by ordinance. The Municipal Prosecutor and/or Assistant
Municipal Prosecutor shall assist the Township Solicitor in the performance
of the Township Solicitor's duties, at the direction of the Township
Solicitor.
There is hereby created within the Department of Law the office
of Planning Board Attorney. The Planning Board may annually appoint,
fix the compensation of or agree upon the rate of compensation for
the Planning Board Attorney, who shall be an attorney licensed in
the State of New Jersey and who shall not be the Township Solicitor,
in an amount not exceeding the amount appropriated by the Township
Council for such purpose.
There is hereby created within the Department of Law the office
of Zoning Board of Adjustment Attorney. The Zoning Board of Adjustment
may annually appoint, fix the compensation of or agree upon the rate
of compensation for the Zoning Board of Adjustment Attorney, who shall
be an attorney licensed in the State of New Jersey and who shall not
be the Township Solicitor, in an amount not exceeding the amount appropriated
by the Township Council for such purpose.
There is hereby created within the Department of Law, for administrative
purposes, but independent from the Department of Law, a Township Public
Defender, who shall be appointed by the Township Council for a term
of one year. The Township Public Defender shall receive such compensation
as shall be provided by ordinance. The Township Public Defender shall
be an attorney at law of the State of New Jersey and shall represent
those defendants appearing in Municipal Court who are determined by
the Court to be indigent and whose representation is assigned to the
Township Public Defender by the Court.
All papers, documents, memoranda, reports and all other materials
relating to the administration of the legal duties of the Department
of Law shall be and remain the property of the Township. Upon the
termination of services with the Township, any attorney employed,
retained by or compensated by the Township shall forthwith surrender
to any successor all such property, together with a written consent
to substitution of any successor in all legal actions and proceedings
then pending to which the Township or any of its officials or employees
is a party.
