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.
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.