There shall be a Department of Law, the head of which shall
be known as the "Director of Law." The Director shall also be the
Township Attorney. He shall be appointed by the Mayor with the advice
and consent of the Council.
Except as may be otherwise provided by the Charter or this code,
the Director of Law shall:
A. Represent the Township in all legal matters.
B. Advise and assist the Mayor, the Council and the departments as required
in the administration of the Township government, including attendance
at meetings of the Council.
C. Draft ordinances and resolutions and give opinions and rulings on
questions of law which may arise at Council meetings.
D. Prepare or approve all legal instruments relating to the business
of the Township.
E. Represent the Township in any litigation and conduct trials, appeals
and other proceedings affecting the interest of the Township.
The Director of Law shall also:
A. Maintain records of all actions, suits, proceedings and matters which
relate to the Township's interest and report thereon from time to
time as the Mayor or Council may require.
B. Have power to enter into any agreement, compromise or settlement
of any litigation in which the Township is involved, subject to the
approval of the Council.
C. Upon the termination of his service with the Township, forthwith
surrender to his successor all Township property, papers and records,
together with a written consent to substitution of his successor in
any pending actions or proceedings.
Whenever he deems the interests of the Township so to require,
the Director of Law may, with the approval of the Mayor and within
the limits of available appropriations or bond issues, appoint special
counsel to assist him in the supervision, preparation, trial or argument
of any issue or of any public works program or project as he may determine.
If the Director of Law should be disqualified with respect to
any matter, the Mayor may appoint special counsel, with the approval
of the Council, to represent the Township for and with respect to
such matter.
The Director of Law or such attorney as he may designate with
the approval of the Mayor shall conduct prosecutions for crimes and
offenses cognizable by the Municipal Court of the Township of Washington,
including violations of ordinances of the municipality, complaints
of any department under state law and violations of rules or regulations
duly promulgated by any department; provided, however, the Director
of Law shall not be responsible for the prosecution of such crimes
and offenses as are required by law to be prosecuted by the County
Prosecutor. The Director of Law shall not be required to prosecute
complaints filed by private citizens except where directed by the
Judge or whenever he shall determine that the Township has a special
interest.