There is hereby created, pursuant to N.J.S.A. 40A:9-139, the
position of Township Attorney who shall be an attorney licensed to
practice law in the State of New Jersey and shall be appointed by
a majority of the Township Committee for a term of one year. The Township
Attorney is not an employee of the Township.
The Township Attorney, in addition to other functions, powers
and duties as may be otherwise delegated to the Attorney by ordinance
shall be the legal advisor of and consultant for the Township Committee
and the Board of Health and shall perform the following duties:
A. Advise the Mayor, Township Committee, Township Administrator and
other committees, with the exception of the Township Planning Board
of Adjustment and Township Zoning Board, on any and all legal matters
relating to the Township Government.
B. Attend all open public meetings and all meetings of the Township
Committee, either regular or special and all conferences of the Township
Committee as requested.
C. Prepare and supervise the preparation of all contracts, deeds, documents
and instruments prior to the execution thereof by or on behalf of
the Township, as requested by the Township Committee, Township Administrator
or Municipal Clerk.
D. Advise the Committee as to the form and sufficiency of all ordinances
and resolutions prior to their passage.
E. Prepare, review and approve complex or lengthy contracts, resolutions
or ordinances.
F. Conduct arbitration where the Township or its boards, employees,
commissions or other bodies are a party.
G. Conduct litigation in the courts or appearances before state agencies
where the Township or any department, officer or employee thereof
shall be a party by virtue of official relationship, and where the
attorney shall be the attorney of record, except claims defined by
special counsel or counsel furnished by insurers. No affirmative legal
action as a plaintiff or appellant shall be instituted without prior
approval by the Township Committee.
H. Communicate with opposing counsel on matters and disputes in which
the Township is a party.
I. Represent the Township in disciplinary hearings.
J. Represent the Township in insurance-related matters.
K. Supervise all other special projects not included under ordinary
duties and assigned by the Mayor, Township Committee, Township Administrator
or the Township Clerk.
L. Render opinions in writing upon any question of law submitted to
him/her by the Committee with respect to their official powers and
duties, or the powers and duties of any official of the Township.
M. Maintain a record of all actions, suits, proceedings and matters
which related to the Township's interest, and report thereon as the
Committee may require.
The Township Attorney shall receive compensation as fixed by the Township Committee for the performance of the ordinary duties described above in §
6-173.
The Township Attorney shall have the authority, with the approval
of the Mayor and Township Committee and within the limits and available
appropriations, to engage such additional or specialized counsel to
aid in the performance of the functions of the office and in the preparation,
trial or appeal of such cases or proceedings of importance in which
the Township may be a party or be interested as he may deem necessary.
The Township Committee may engage such additional or specialized counsel
as it deems necessary.
The Township Attorney shall not, without the approval of the
Township Committee, be empowered to compromise, settle or adjust any
rights, claims or demands or causes of action in favor of or against
the Township, nor to permit, offer or confess judgment against the
Township, nor to accept any offer or judgment in favor of the Township;
provided that this section shall not operate to limit or abridge the
discretion of the Township Attorney in regard to the proper conduct
of trial on any action or proceeding or to deprive the Township Attorney
of the powers and privileges ordinarily exercised in judicial proceeding
by counsel acting for private clients.