[Ord. #81-41, § 7.1, 7-13-81; Ord. #82-56, § 1,
1-10-82; Ord. #90-50, § 7.1, 8-13-90; Ord. #2001-1, 3-12-01]
There is hereby created a Department of Law. The Director of
the Department shall have the title of Municipal Attorney. The Municipal
Attorney shall be the appointing authority for all personnel within
the Department except where required otherwise by State statute. The
divisions shall consist of the Division of Municipal Attorney and
the Division of Other Attorneys.
[Ord. #81-41, § 7.2, 7-13-81; Ord. #90-50, § 7.2,
8-13-90]
The Municipal Attorney shall:
a.
Serve as legal advisor to the Council and Mayor on all matters of
Township business;
b.
Draft or approve as to form and sufficiency all legal documents,
contracts, deeds, ordinances and resolutions made, executed or adopted
by or on behalf of the Township; and
c.
Represent the Township in all judicial and administrative proceedings
in which the municipality or any of its officers or agencies may be
party or have an interest, except as otherwise set forth herein.
[Ord. #81-41, § 7.3, 7-13-81; Ord. #82-56, § 1,
1-10-82; Ord. #85-41, § 1, 8-12-85; Ord. #90-50, § 7.3,
8-13-90]
The Division of Other Attorneys shall perform the functions
of Municipal Prosecutor, Municipal Public Defender, Labor Negotiations,
Attorney for the Division of Tax Assessments, Attorney for Rent Review
Board, Police Staff Advisor and Workmen's Compensation Attorney.
[Ord. #81-41, § 7.4, 7-13-81; Ord. #82-56, § 1,
1-10-82; Ord. #90-50, § 7.4, 8-13-90]
The function of the Prosecutor shall be carried out by a Prosecutor
and such Assistant Prosecutors as are necessary. These functions shall
be to prosecute the criminal, quasi-criminal, and civil business of
the Township before the Township Municipal Court and to handle appeals
to the County and Superior Courts from convictions from violations
of local ordinances in the Municipal Court. The Prosecutor shall set
such policies and enact such rules and regulations as may be necessary
and proper in the furtherance of the aforesaid duties including allocation
of tasks necessary to fulfill the functions as aforesaid.
[Ord. #81-41, § 7.5, 7-13-81; Ord. #82-56, § 1,
1-10-82; Ord. #90-50, § 7.5, 8-13-90]
The position of Public Defender shall be a separate and distinct
position from that of the Municipal Prosecutor and it shall be the
duty and responsibility of the Public Defender to represent, before
the Municipal Court, such indigent persons as may be assigned for
representation in appropriate cases by the Municipal Court Judge.
[Ord. #81-41, § 7.6, 7-13-81; Ord. #82-56, § 1,
1-10-82; Ord. #90-50, § 7.6, 8-13-90]
The Labor Negotiator shall be responsible for representing and
negotiating on behalf of the Township subject to the control of the
Business Administrator and the Mayor, in regard to all union contracts
authorized by Chapter 303, Laws of 1968, as amended. The Labor Negotiator
shall further render technical advice to the Municipal Attorney in
regard to any litigation arising out of such negotiations or contracts.
[Ord. #81-41, § 7.7, 7-13-81; Ord. #90-50, § 7.7,
8-13-90]
The attorney for the Division of Tax Assessments shall:
a.
Meet with the Division of Assessments at its call;
b.
Give legal counsel and advice to the Division of Assessments;
c.
Render opinions to the Division of Assessments as required by it;
and
d.
Represent the Township and the Division of Assessments in the defense
or prosecution of all appeals hereafter filed with the County Board
of Taxation or the State Tax Court to their ultimate conclusion.
[Ord. #81-41, § 7.8, 7-13-81; Ord. #90-50, § 7.8,
8-13-90]
The Rent Review Board Attorney shall serve as legal advisor
to the Rent Review Board, shall attend its meetings and represent
the Rent Review Board in all judicial and administrative proceedings
in which the Rent Review Board or any of its members may be a party
or have an official interest.
[Ord. #81-41, § 7.9, 7-13-81; Ord. #90-50, § 7.9;
Ord. #2001-1, 3-12-01]
The attorney for the Division of Worker's Compensation shall
represent the Township and its officers and employees as respondents
in any matter involving the Township's self-insurance program for
Worker's Compensation Court and any appeals therefrom and any questions
regarding coverage.
[Ord. #85-41, § 2, 8-12-85; Ord. #90-50, § 7.9A,
8-13-90]
The Police Staff Advisor shall be responsible for representing police management in all disciplinary proceedings involving police officers and superior officers. This representation shall be at the hearing level, the administrative appeal level and in such Court proceedings that may follow. The Police Staff Advisor shall also give general legal advice to the Chief of Police and staff officers of the Police Department in their official capacities as may be necessary to carry out the police functions as set forth in subsection 2-27.2.
[Ord. #81-41, § 7.10, 7-13-81; Ord. #90-50, § 7.10,
8-13-90]
All attorneys shall be available for joint meetings with the
Mayor and/or Township Council at the call of the Mayor or Township
Council, concerning any matters of township business. All attorneys
shall be attorneys-at-law of the State of New Jersey, but need not
be residents of the Township.
[Ord. #81-41, § 7.11, 7-13-81; Ord. #90-50, § 7.11,
8-13-90]
The positions set forth in this section may be full time positions,
to be determined by the Mayor with the exception of the Director of
the Department of Law which shall be a full time position. Compensation
for all attorneys shall be fixed as set forth by the Township Council
through ordinance, or by contract, except that all attorneys shall
be entitled to reimbursement of actual costs expended necessary for
the proper function and operation of the Department of Law.
[Ord. #81-41, § 7.12, 7-13-81; Ord. #90-50, § 7.12,
8-13-90; Ord. #2001-1, 3-12-01]
a.
Appointment; Term. An attorney for the Planning Board of the Township
shall be appointed by the Planning Board by a majority vote of its
membership for a term not to exceed one (1) year. The Planning Board
Attorney's contract shall be ratified by Township Council.
b.
Duties. The Planning Board attorney shall serve as legal advisor
to the Planning Board of the Township and shall:
1.
Attend all meetings of the Planning Board;
2.
Render such legal opinions as are required by the Planning Board;
3.
Represent the Planning Board in any judicial and administrative proceedings
in which the Planning Board may be a party or have an interest, and
upon request, advise the Municipal Attorney or the Mayor or the Township
Council as to the status of such judicial and administrative proceedings
as may be pending; and
4.
Approve as to form and content all bonds or other security posted
to insure completion or improvements.
[Ord. #81-41, § 7.13, 7-13-81; Ord. #90-50, § 7.13,
8-13-90; Ord. #2001-1, 3-12-01]
a.
Appointment; Term. An Attorney for the Zoning Board of Adjustment
shall be appointed by the Zoning Board by a majority vote of its membership
for a term not to exceed one (1) year. The Zoning Board Attorney 's
contract shall be ratified by the Township Council.
b.
Duties. The Zoning Board of Adjustment Attorney shall serve as legal
advisor to the Zoning Board of Adjustment and shall:
1.
Attend all meetings of the Zoning Board of Adjustment;
2.
Render such legal opinions as are required by the Zoning Board of
Adjustment; and
3.
Represent the Zoning Board of Adjustment in any judicial and administrative
proceedings in which the Zoning Board may be a party or have an interest,
and upon request, advise the Municipal Attorney, or the Mayor or the
Township Council as to the status of such judicial and administrative
proceedings as may be pending.
