The Township Attorney shall be appointed by
the Council in accordance with N.J.S.A. 40A:9-139. Prior to appointment,
the Attorney shall have been admitted to the practice of law in this
state.
[Amended 5-23-2000 by Ord. No. 00-19]
The Attorney shall be the legal advisor to the
Council, Manager, Municipal Clerk, departments and other municipal
agencies except as may otherwise be provided by law. The Attorney
shall prosecute and defend actions and proceedings by and against
the Township, departments and agencies thereof. In furtherance of
these powers, and without limitation thereof, the Attorney shall:
A. Prepare or approve all ordinances and substantive
resolutions prior to introduction and passage.
B. Review and approve all contracts, deeds, documents
and instruments prior to the execution thereof by or on behalf of
the Township.
C. Conduct appeals from orders, decisions or judgments
affecting any interest of the Township as directed by the Council.
D. Subject to the approval of the Council, have power
to enter into any agreement, compromise or settlement of any litigation
in which the Township is involved.
E. Advise or render opinions upon any question of law
pertaining to municipal affairs submitted to him or her by the Manager,
the Council or any Council member.
F. Maintain a record of all actions, suits, proceedings
and matters which relate to the Township's interest and report thereon
from time to time as the Council or Manager may require.
G. Have such other and different functions, powers and
duties as may be provided by charter or ordinance.
The internal organization of the office of the
Township Attorney shall be recommended by the Township Attorney and
approved by resolution of the Council.
All papers, documents, memorandums, 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 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.