[Amended 3-12-1984 by Ord. No. O-84-02]
There is hereby created a Department of Law, the Director of which shall have the title of Municipal Attorney. Within the Department of Law and under the supervision of the Municipal Attorney, there shall be a Division of the Prosecutor, the Division of the Public Defender, the Division of the Rent Stabilization Attorney, and for the purpose of supervision, all special counsel appointed by the Mayor and Council and such other technical personnel necessary to carry out the functions of the Department of Law.
[Amended 4-26-1993 by Ord. No. O-93-15]
The Municipal Attorney shall be appointed by the Mayor with the advice and consent of the Council, and he shall serve during the term of the Office of the Mayor appointing him and until the appointment and qualification of his successor. The Municipal Attorney shall be a duly licensed attorney-at-law of the State of New Jersey chosen on the basis of his qualifications, knowledge and experience in the duties of the office. The Office of Municipal Attorney shall receive such compensation as shall be fixed, from time to time, by general salary ordinance. The Municipal Attorney shall:
A. 
As Director of the Department of Law, appoint subordinate officers and employees within the Department, and perform such duties and exercise such powers of a department head as provided by law;
B. 
Serve as legal advisor to the Mayor and Council on all matters of Township business;
C. 
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; and
D. 
Represent the Township in all judicial and administrative proceedings in which the municipality or any of its officers or agencies may be a party or have an interest except as otherwise set forth herein.
The Division of the Prosecutor shall consist of a Prosecutor and such Assistant Prosecutors as are necessary to carry out the functions and conduct of the business of the Division of Prosecutor. The Division of Prosecutor shall prosecute the criminal, quasi-criminal and civil business of the Township before the Gloucester Township Municipal Court and shall handle appeals to the County and Superior Courts from convictions from violations of local ordinances in the Municipal Court. The Prosecutor shall set policies and enact such rules and regulations as may be necessary and proper in the furtherance of the aforesaid. He shall receive such compensation as shall be fixed from time to time, by a general salary ordinance.
The Division of the Public Defender shall be a separate and distinct office from that of the Municipal Prosecutor, and it shall be the duty and responsibility of the Public Defender to represent, before the Township Municipal Court, such indigent defendants as, from time to time, he may be assigned in appropriate cases to defend by the Municipal Court Judge. He shall receive such compensation as shall be fixed, from time to time, by a general salary ordinance.
The Rent Stabilization Board Attorney shall serve as legal advisor to the Rent Review Board, shall attend its meetings and represent the Rent Review Board in all judicial and administrative proceedings in which the Rent Review Board or any of its members may be a party or have an official interest. He shall receive such compensation as shall be fixed, from time to time, by a general salary ordinance.
From time to time special counsel may be appointed by the Mayor, with the advise and consent of the Council, to represent the Township, the Mayor, Council of other officers and employees, boards, agencies or committees in judicial or administrative proceedings, or to represent the same in specifically defined legal tasks relating to Township business. All such special counsel shall execute a contract wherein the task to be performed shall be defined and provide the rate of compensation in accordance with the Local Public Contracts Law.[1]
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
All attorneys shall be available, with the Municipal Attorney, for joint meetings, or with the Mayor and/or Council at the call of the Mayor or Township Council, concerning any matters of Township business. All attorneys shall be attorneys-at-law of the State of New Jersey, but need not be residents of the Township of Gloucester.
Except as otherwise provided, none of the positions set forth in this article are positions that shall require the attorney to devote all of his time and attention to representing the Township in its various functions. Compensation for all attorneys shall be as set forth by the Township Council through ordinance or by contract, except that all attorneys shall be entitled to reimbursement at actual costs expended necessary for the proper function and operation of the Department of Law.
A. 
An attorney for the Planning Board of the Township of Gloucester shall be appointed by the Planning Board by a majority of its membership to serve at the pleasure of the Planning Board for a term not to exceed one year or until a successor is appointed and qualified. The Planning Board Attorney shall serve as legal advisor to the Planning Board of the Township and shall:
(1) 
Attend all meetings of the Planning Board.
(2) 
Render such legal opinions as are required by the Planning Board.
(3) 
Represent the Planning Board in any judicial and administrative proceedings in which the Planning Board may be a party or have an interest, and upon request, advise the Municipal Attorney or the Mayor and the Township Council as to the status of such judicial and administrative proceedings as may be pending.
(4) 
Approve as to form and content all bonds or other securities posted to insure completion of improvements.
B. 
He shall receive such compensation as fixed, from time to time, by general salary ordinance or by contract.
A. 
An attorney for the Zoning Board of Adjustment of the Township of Gloucester shall be appointed by the Zoning Board by a majority vote of is membership to serve at the pleasure of the Zoning Board for a term not to exceed one year or until a successor is appointed or qualified. The Zoning Board of Adjustment Attorney shall serve as legal advisor to the Zoning Board of Adjustment of the Township of Gloucester and shall:
(1) 
Attend all meetings of the Zoning Board of Adjustment.
(2) 
Render such legal opinions as are required by the Zoning Board of Adjustment.
(3) 
Represent the Zoning Board of Adjustment in any judicial and administrative proceedings in which the Zoning Board may be party or have an interest, and upon request, advise the Municipal Attorney or the Mayor or the Township Council as to the status of such judicial or administrative proceedings as may be pending;
(4) 
Approve as to form and content all bonds or other security posted to insure completion of improvements.
B. 
He shall receive such compensation as shall be fixed, from time to time, by general salary ordinance or by contract.