A.
There shall be an Office of Township Attorney, the head of which shall be the Township Attorney. The Council shall appoint a Township Attorney to serve at its pleasure under such form of retainer agreement as the Council may approve. He shall serve as legal advisor to the Council and the Township Manager; represent the Township government in litigation; draft ordinances and resolutions upon request of the majority of Council or the Township Manager; and provide such other professional legal services as the majority of the Council may from time to time request. The Township Attorney shall be contracted as a Professional Service pursuant to Local Public Contracts Law and shall not be considered an employee of the Township.
B.
He/she may perform all of the following duties or may designate such duties to outside counsel:
(1)
Serve as legal advisor to the Council, Township Manager, department heads and all boards, commissions and agencies of the Township, with the exception of the Planning Board, Board of Adjustment, Rent Control Board and Library Board of Trustees, 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 developers in connection with the developments receiving subdivision consideration by the Planning Board.
(4)
Draft and approve as to form and sufficiency all resolutions and ordinances.
(5)
Represent the Township and its officers and employees in all litigation wherein the Township is named a party defendant or the officers and employees are named parties defendant as the result of performing their duties as an officer or employee of the Township, with the exception of litigation wherein the Township or its officers or employees are named defendants and the defense of the action is the obligation of an insurance company under a policy wherein the Township is designated an insured. In addition, the Township Attorney shall represent the Township in all litigation where in the Township is the plaintiff in an action duly authorized by a majority of the Council.
(6)
Represent the Township in matters tried in the Municipal Court involving violation of the ordinances of the Township and in matters where, in the discretion of the Judge of said Court or the Chief of Police, the services of a prosecutor are required.
(7)
Be responsible for all matters pertaining to tax liens and the foreclosure of same by action in the Superior Court of New Jersey.
(8)
Delegate to the legal assistants such duties and responsibilities as he/she may direct to efficiently maintain full-time legal service for the Township.
(9)
Perform other duties as may be assigned by the Township Manager or the majority of the Township Council.
C.
Power to compromise. The Township Attorney may, with the approval of the Township Manager and the majority of the Council, be empowered to compromise, settle or adjust any rights, claims, demands or causes of action in favor of or against the Township.
D.
Special counsel. The Township Attorney is authorized, within the available appropriations, to employ additional counsel to assist him/her in performing the services required of the Township Attorney.
E.
Qualifications of Township Attorney. A person appointed to this office must be a licensed attorney at law of the State of New Jersey who has, prior to the date of his/her appointment, been engaged in the practice of law in the State of New Jersey for a period of five years.
F.
Records. Upon the expiration of his/her term of office or his/her resignation or removal therefrom, he/she shall forthwith surrender to the several Township officers charged with custody therefor all deeds, leases, conveyances, obligations, bonds, contracts, agreements, maps, reports or other papers in his/her hands belonging to the Township and shall deliver to his/her successor in office all legal papers, documents and other papers relating to business of the Township together with a written consent of substitution of his/her successor in all actions then pending and undetermined in which the Township is a party.