[Amended 1-6-1998]
The Department of Law shall be headed by a director
who shall be the Township Attorney and who shall be an attorney at
law of the state, qualified by training and experience. This position
may be full-time but shall be part-time unless otherwise stated. The
Township Attorney shall be compensated as provided by annual Salary
Ordinance and as may be otherwise approved by consent of the Council.
[Amended 9-23-2014 by Ord. No. O-14-10]
The Director of the Department of Law shall perform all appropriate
functions associated therewith, including:
A. Serving
as legal advisor to the Township, Mayor, members of Council, Township
Clerk, Business Administrator, Township Engineer, and administrative
department heads.
B. Preparing
and advising as to form and sufficiency of ordinances and Council
resolutions, if requested, prior to passage. Preparing, reviewing
and approving, prior to the publication or the execution thereof by
or on behalf of the Township, contracts, deeds, requests for proposals
and requests for qualifications, information for bids, and other documents
and instruments.
C. Conducting
appeals from orders, decisions or judgments affecting any interest
of the Township as directed by the Council.
D. Instituting,
prosecuting, defending, compromising or settling any actions, suits,
litigation or proceedings, in which the Township is or shall become
involved, subject to the approval of Mayor and Council.
E. Rendering
opinions, in writing or orally, as requested, upon any question of
law or procedure submitted to the Township Attorney by Council, the
Mayor, the Township Clerk, the Business Administrator, the Township
Engineer, or by administrative department heads.
F. Selecting
duly authorized special counsel with demonstrated qualifications by
training and experience to institute, prosecute, defend or handle,
and supervising and monitoring all such actions, suits, litigation,
proceedings and matters as are necessary, advisable or appropriate
for special counsel to handle on behalf of the Township.
G. Maintaining
a record of all actions, suits, litigation, proceedings and matters
which relate to the Township's interests and to report thereon
as the Mayor and Council may require.
All papers, documents, memoranda, reports and
other materials relating to the administration of the Department of
Law shall be and remain the property of the Township. Upon 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, suits and litigation proceedings then pending to which the
Township is a party. However, the former Attorney may remain as Attorney
of Record to represent the Township in those matters in which the
Mayor believes the best interests of the Township will be served by
retaining the former Attorney.
The Department of Law shall be organized pursuant to plan approved as provided in §
4-9 of this chapter.