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Township of Cheltenham, PA
Montgomery County
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Table of Contents
Table of Contents
Code
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A. 
There shall be a Township Solicitor appointed by absolute majority vote of the Board, for such period as it selects, but such appointment shall in any event terminate on the first Monday of January following the next municipal election.
B. 
The Township Solicitor shall serve as the chief legal advisor of the Board, the Manager and all township departments and offices, shall represent the township in all legal proceedings and shall perform any other duties prescribed by state law, this Charter, ordinance, resolution or administrative directive. No official or official body of the township, except as otherwise provided by law or this Charter, shall employ additional counsel without the consent of the Board.
C. 
The Township Solicitor shall be a member of the bar of the Supreme Court of Pennsylvania.
D. 
The Board shall fix the compensation of the Township Solicitor by separate ordinance or by specific identification of such compensation in the annual budget.
Commentary: The Solicitor is appointed for a limited term so the Board can at least ratify its decision at regular intervals even though he may be removed at any time. Although he usually will represent the township, situations arise where other counsel is needed, e.g., labor or bond matters, or controversies among officials; the Zoning Hearing Board has its own counsel. Section C1001B, taken from the Township Code,[1] provides for these situations, but with Board consent. If the Solicitor is in a law firm, he may utilize members and associates of the firm in the performance of his duties. Since he is generally an independent contractor, the Solicitor cannot collect damages or other compensation for removal at any time, except for services theretofore performed, including expenses.
[1]
Editor's Note: See 53 P.S. § 55101 et seq.
The Board may remove the Township Solicitor by absolute majority vote at any time with or without cause, in which event the Solicitor shall be entitled to compensation for services rendered and for no other amount.