The Township Attorney shall be appointed by the Township Committee
by a majority vote of its members, for the term one year from the
first day of January of the year of the Township Attorney's appointment
and until the Attorney's successor has been appointed and qualified.
The Township Attorney shall be an attorney-at-law of New Jersey, but
need not be a resident of the Township. In lieu of appointing an individual
attorney, the Committee may appoint a firm of attorneys, all members
of which shall be attorneys-at-law of New Jersey. The Attorney shall
not receive a fixed salary but shall be paid such retainer as may
be agreed upon and authorized by the Committee, plus such fees and
charges as shall be deemed reasonable for services duly rendered.
The Township Attorney shall have such powers and perform such
duties as are provided for the office of Township Attorney by general
law or ordinances of the Township. The Township Attorney shall represent
the Township in all judicial and administrative proceedings in which
the Township or any of its officers or agencies may be a party or
have an interest. The Township Attorney shall give all legal counsel
and advice where required by the Administrator, Township Committee
or any member thereof and shall in general serve as the legal advisor
to the Township Committee and Administrator on all matters of Township
business. In furtherance of such general powers and duties, but without
limitation thereto, the Township Attorney shall:
A. 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;
B. Conduct appeals from orders,
decisions or judgments affecting any interest of the Township as the
Township Attorney may, in the Township Attorney's discretion, determine
to be necessary or desirable, subject to Committee authorization,
or as directed by the Committee;
C. Subject to the approval of the
Committee, have power to enter into any agreement, compromise or settlement
of any litigation in which the Township is involved;
D. Render opinions in writing upon
any question of law submitted to the Township Attorney by the Administrator,
Committee, or any member thereof, with respect to their official powers
and duties; perform such duties as may be necessary to provide legal
counsel to the Committee and Administrator in the administration of
Township affairs;
E. Supervise and direct the work
of such additional attorneys and technical and professional assistants
as the Committee may authorize for special or regular employment in
or for the Township.
All papers, documents, memoranda, reports and all other materials
relating to the administration of the legal duties of the Township
Attorney shall be and remain the property of the Township. Upon the
termination of the Township Attorney's services with the Township,
the Township Attorney shall forthwith surrender to any successor all
such property, together with a written consent to substitution of
any successor in all legal actions and proceedings then pending to
which the Township is a party, unless the Committee shall direct said
Township Attorney to continue to completion any matter then pending.