There shall be an Office of Attorney. The Attorney,
by virtue of his or her office, shall direct the activities of the
Office. He or she shall be appointed by the Council to serve at its
pleasure. During his or her appointment he or she shall be duly admitted
to the practice of law in this state.
The Attorney shall be the legal advisor to the
Council, Manager, departments and other municipal agencies, except
as otherwise may be provided by law and the Charter. He or she shall
prosecute and defend actions and proceedings by and against the Township,
departments, officers and agencies thereof. In furtherance of these
powers and without limitation thereof, he or she shall:
A. Draft or review and approve as to form and sufficiency
all legal documents, contracts, deeds, bonds, ordinances and substantive
resolutions made, executed or adopted by or on behalf of the Township.
B. 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, and conduct prosecutions for crimes
and offenses over which the Municipal Court of Maple Shade has jurisdiction.
C. Have power to enter into any agreement, compromise
or settlement of any litigation in which the Township is involved,
subject to the approval of Council.
D. Have such other and different functions, powers and
duties as may be provided by Charter or ordinance or as otherwise
indicated by Council.
Whenever the Attorney deems the interests of
the Township to so require, the Council, within the limits of available
appropriations, may appoint special counsel to assist him or her in
the preparation, trial or argument of such legal matters or proceedings
as he or she may determine. If the Attorney should be disqualified
with respect to any matter, the Council shall appoint special counsel
to represent the Township for and with respect to such matter. The
Council may appoint special counsel to represent boards, agencies
or projects where independent counsel is required. The Council may
also appoint and provide the compensation for a special counsel for
indigent defendants in Municipal Court proceedings.
All papers, documents, memoranda, reports and
other materials relating to the administration of the office of Attorney
shall be and remain the property of the Township. Upon the termination
of his or her service with the Township, the Attorney shall forthwith
surrender to his or her successor all such property, together with
a written consent to substitution of his or her successor in all legal
actions and proceedings then pending to which the Township is a party.
However, the Township Council may permit the former Attorney to remain
as attorney of record to represent the Township in those matters as
to which the Township Council believes the best interests of the Township
will be served by retaining the former Attorney.