In accordance with N.J.S. 40A:11-1 et seq., all Professional
Appointments made by the Township of Green shall be made by a resolution/contract
agreement of the Governing Body, Planning Board, Zoning Board of Adjustment
or Environmental/Heritage Commission.
Each professional shall be required to:
a. Submit in writing the fee to be charged for such professional services
specified by the Township;
b. Shall execute an Affirmative Action Affidavit attesting to compliance
with all the regulations promulgated by P.L. 1975, c. 127;
c. Shall submit a certificate of insurance for professional liability
insurance with the minimum limits of $100,000 with a thirty-day cancellation
notice provision, or as recommended by the Insurance Representative.
d. Shall comply with all the regulations of the New Jersey Local Government
Ethics Law by filing a "financial disclosure statement" in accordance
with N.J.S. 40A:9-22.1;
e. Shall enter into a written contract with the Township of Green.
There shall be a Township Attorney who shall be appointed by
the Township Committee for a one year term and receive such compensation
as shall be provided by contract.
The Township Attorney shall be the legal advisor to the Township
Committee and to all departments except those handled by the Township
Prosecutor, the Board of Adjustment Attorney and the Planning Board
Attorney. The Township Attorney shall prosecute or defend actions
and proceedings by and against the Township and every department thereof.
In furtherance of these general powers, and without limitation thereto,
the Township Attorney shall, when requested by the Township Committee:
a. Advise the Township Committee as to the form and sufficiency of all
ordinances and resolutions prior to their passage.
b. Review and approve all contracts, deeds, documents and instruments
prior to the execution thereof by or on behalf of the Township.
c. Conduct or defend appeals from orders, decisions or judgments affecting
any interest of the Township, as the Township Attorney may in his
discretion determine to be necessary or desirable or as directed by
the Township Committee.
d. Subject to the approval of the Township Committee, 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 Attorney by the Township Committee with respect to their
official powers and duties or the powers and duties of any officer
of the Township.
f. Maintain a record of all actions, suits proceedings, and matters
which relate to the Township's interest, and report thereon as the
Township Committee may require.
Whenever the Township Attorney deems that the interest of the
Township so requires, the Attorney may, with the approval of the Township
Committee, appoint Special Counsel to assist him in the preparation,
trial or argument of such legal matters or proceedings as he may determine.
If the Township Attorney should be disqualified with respect to any
matter, the Township Committee may appoint Special Counsel to represent
the Township for and with respect to such matter.
The function of the Prosecutor shall be carried out by a Prosecutor.
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.
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.
The Township Committee shall annually retain a duly licensed
registered Municipal Auditor to make an audit of the financial records
of the Township for the prior year, pursuant to the laws of the State
of New Jersey, and the requirements of the Division of Local Finance
or any successor agency. The Township Auditor shall not be considered
an officer of the Township but shall be an independent contractor.
In addition to performing the auditing duties, the Township
Auditor shall prepare the annual debt statement, and assist the Governing
Body in the preparation and submission of the budget.
The Planning Board Attorney shall be appointed annually by the
Planning Board. He shall receive such fees or compensation as approved
by the Planning Board within the appropriations made available to
the Planning Board for such purpose and shall perform the duties usually
performed by Planning Board Attorneys. The Planning Board Attorney
may not be the Municipal Attorney. The Attorney for the Planning Board
may also be retained as the Attorney for the Zoning Board of Adjustment.
The Attorney for the Zoning Board of Adjustment shall be appointed
annually by the Zoning Board of Adjustment. He shall receive such
fees or compensation as approved by the Zoning Board of Adjustment
within the appropriations made available to the Zoning Board of Adjustment
for such purpose and shall perform the duties usually performed by
Zoning Board of Adjustment Attorneys. The Zoning Board of Adjustment
Attorney may not be the Municipal Attorney. The Attorney for the Zoning
Board of Adjustment may also be retained as the Attorney for the Planning
Board.
Pursuant to N.J.S. 40A:9-152, there shall be a Township Engineer
appointed by the Township Committee for a term of three years in accordance
with State Statutes. The Township Engineer shall receive such compensation
as may be agreed upon and determined by the Township Committee. He
shall be a duly licensed professional engineer of the State of New
Jersey.
The Engineer shall perform the duties prescribed by general
law and ordinance. He shall, as directed by the Township Committee:
a. Prepare or cause to be prepared plans, designs and specifications
for public works, roads and improvements undertaken by the Township,
either on force account or by public contract.
b. Provide and maintain surveys, maps, plans, specifications and control
records with respect to public works and facilities owned or operated
by the Township.
c. Provide technical supervision with respect to operation, maintenance
and repair of the Township storm sewer system.
d. Provide technical and engineering advice and assistance to the Road
and other Township Departments and the Planning Board and Zoning Board
of Adjustment as needed.