[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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.