There shall be a Department of Law, the Director of which shall be the Township Attorney. He shall be appointed by the Mayor with the advice and consent of the Council. Assistant Township Attorneys may be appointed by the Mayor with the advice and consent of the Council.
[Amended 12-18-72 by Ord. No. 227]
[Amended 4-21-86 by Ord. No. 5-86-5, passed over veto 5-5-86; 1-26-04 by Ord. No. 0-1-2004-003]
For the performance of the services described herein, Township Attorneys shall receive a fixed salary and/or shall be paid such fees as shall be deemed reasonable and proper for the services actually rendered. Township Attorneys shall not be subject to the provisions of Section 3-46 hereof.
[Amended 1-26-04 by Ord. No. 0-1-2004-003]
A.
The Township Attorney shall:
(1)
Serve as legal advisor to the Mayor, Council, Business Administrator and department heads on all matters of Township business.
(2)
Attend meetings of the Council, including regular, special and conference meetings.
(3)
Examine and approve as to form and sufficiency all performance bonds, insurance certificates and maintenance bonds submitted by contractors as required by the Township.
(4)
Draft or approve as to form and sufficiency all resolutions and ordinances.
(5)
Review and approve all contracts, deeds, documents and instruments prior to acceptance by the Township.
(6)
Prosecute and defend actions and proceedings by and against the municipality.
(7)
Conduct appeals from orders, decisions or judgments affecting any interest of the municipality as directed by the Mayor or Council.
(8)
Have Such other and different functions, powers and duties as may be provided by law.
(9)
Represent the Township in matters tried in the local Municipal Court.
(10)
Assist the appropriate authority in administering his department along with planning and establishment of department policy.
(11)
Direct and supervise Assistant Township Attorneys.
B.
The Township Attorney may, with the approval of the Mayor and Council, be empowered to compromise, settle or adjust any rights, claims, demands and causes of action in favor of or against the Township, which said compromise, settlement or adjustment shall be disapproved by the Mayor, said matter may be resubmitted to the Council and shall be considered approved without the approval of the Mayor upon the affirmative vote of 2/3 of the members of the Council.
If the Township Attorney, by reason of disability, personal disqualification or for any other reason, shall be unable to represent the Township on a specific matter, or if he deems it in the best interest of the Township, the Mayor may appoint special counsel with the advice and consent of the Council to represent the municipality in and with respect to such matter within the limit of available budgetary appropriations.
[Amended 3-12-01 by Ord. No. 0-3-2001-004]
The Municipal Prosecutor shall, to the extent mandated by N.J.S.A. 2B:25-1 et seq., conduct prosecutions for claims and defenses cognizable by the Municipal Court of the Township of Monroe. A primary Municipal Prosecutor and an alternate Municipal Prosecutor shall be appointed by the Mayor with the advice and consent of the Council. The alternate Municipal Prosecutor shall act in the place and stead of the primary Municipal Prosecutor during the absence of the primary Municipal Prosecutor.