A. 
Organization. There shall be an Office of Township Attorney, the head of which shall be the Township Counsel, appointed by the Mayor with the advice and consent of the Council for the term of the Mayor. The position of Township Counsel shall be part-time and therefore the Township Counsel shall not be entitled to medical, dental or prescription benefit coverage or any other benefit. The Township Counsel shall not be eligible for membership in the Public Employee Retirement System due to the fact that, in accordance with the provisions of N.J.S.A. 43:15C-2, the Township Counsel is eligible to participate in the Defined Contribution Retirement Program. In addition to the Township Counsel, the Office shall have such additional full-time or part-time legal assistants and secretarial or clerical assistants as may be determined by the Mayor; provided, however, that budgetary limitations are not exceeded.
[Ord. No. 53-2014]
B. 
Powers and duties of Township Counsel. The Township Counsel shall be the Township's chief legal officer. He/she may perform all of the following duties or may designate such duties to the Assistant Township Attorney:
[Ord. No. 53-2014]
(1) 
Serve as legal advisor to the Council, Mayor, Business Administrator, department heads and all boards, commissions and agencies of the Township, with the exception of the Planning Board, Board of Adjustment, Rent Leveling Board and Library Board, on all matters of Township business.
(2) 
Attend meetings of the Council, including regular, special and conference meetings.
(3) 
Examine and approve as to form and sufficiency all performance bonds, insurance certificates and maintenance bonds submitted by developers in connection with the developments receiving subdivision consideration by the Planning Board.
(4) 
Draft and approve as to form and sufficiency all resolutions and ordinances.
(5) 
Represent the Township and its officers and employees in all litigation wherein the Township is named a party defendant or the officers and employees are named parties defendant as the result of performing their duties as an officer or employee of the Township, with the exception of litigation wherein the Township or its officers or employees are named defendants and the defense of the action is the obligation of an insurance company under a policy wherein the Township is designated an insured. In addition, the Township Counsel shall represent the Township in all litigation where in the Township is the plaintiff in an action duly authorized by the Council.
(6) 
Represent the Township in matters tried in the Municipal Court involving violation of the ordinances of the Township and in matters where, in the discretion of the Judge of said Court or the Chief of Police, the services of a prosecutor are required.
(7) 
Be responsible for all matters pertaining to tax liens and the foreclosure of same by action in the Superior Court of New Jersey.
(8) 
Delegate to the legal assistants such duties and responsibilities as he/she may direct to efficiently maintain full-time legal service for the Township.
(9) 
Perform other duties as may be assigned by the Mayor or Business Administrator.
[Ord. No. 53-2014]
C. 
Power to compromise. The Township Counsel may, with the approval of the Mayor and Council, be empowered to compromise, settle or adjust any rights, claims, demands or causes of action in favor of or against the Township.
D. 
Special counsel. The Township Counsel is authorized, within the available appropriations, to employ additional counsel to assist him/her in performing the services required of the Township Counsel.
E. 
Full-time service. The Legal Department shall be maintained on a full-time basis at the Municipal Building during normal Township office hours.
F. 
Qualifications of Township Counsel and Assistant Township Attorney.
(1) 
Township Counsel. A person appointed to this office must be a licensed attorney at law of the State of New Jersey who has, prior to the date of his/her appointment, been engaged in the practice of law in the State of New Jersey for a period of five years.
(2) 
Assistant Township Attorney. A person appointed to the office of the full- or part-time Assistant Township Attorney must be a licensed attorney at law in the State of New Jersey who has, prior to the date of his/her appointment, been engaged in the practice of law in the State of New Jersey for a period of one year or has served a judicial clerkship and who demonstrates to the satisfaction of the Township Counsel an ability to undertake the responsibilities assigned to him/her.
[Ord. No. 53-2014]
G. 
Compensation.
(1) 
The compensation of the Township Counsel, his/her assistants and employees of the office of Township Attorney shall be such sum as shall be fixed by law.
(2) 
The compensation to be paid to those employees whose titles are listed below shall be as set forth on the employee's initial employment status form. Thereafter, those employees shall receive the highest salary increase that is negotiated with any collective bargaining unit with the exceptions of PBA Local 136 and PBA Local 136A.
TITLE
Municipal Prosecutor
Part-time Assistant Township Attorney
H. 
Records. All reports and all other legal papers and documents relating to the business of the Township Attorney shall be kept in the office of the Township Attorney at the Municipal Building.
[Ord. No. 53-2014]
A. 
There shall be two Public Defenders appointed by the Mayor, each for a term of one year. All appointments shall be effective on the first day of January and shall terminate on December 31 of each year.
B. 
The compensation to be paid to the two Public Defenders shall be as set forth on the employee's initial employment status form. Thereafter, those employees shall receive the highest salary increase that is negotiated with any collective bargaining unit with the exceptions of PBA Local 136 and PBA Local 136A. Nothing contained herein shall restrict the right of the Mayor to establish a starting salary for any individual hired to fill a vacancy in the office of Public Defender.
C. 
Any person who shall apply to the Wayne Municipal Court for representation by a Public Defender, where such person is entitled by law to the appointment of counsel, said person shall pay to the Township of Wayne an application fee of $200. The Wayne Municipal Court may waive such required application fee in whole or in part if the Court determines, in its discretion, that the application fee represents an unreasonable burden on the person seeking such representation.
A. 
There is hereby established the office of Counsel to the Rent Leveling Board of the Township of Wayne.
B. 
The Board Counsel shall be the Assistant Township Attorney.
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C. 
The duties and responsibilities of the Board Counsel shall be:
(1) 
The Board Counsel shall advise the Rent Leveling Board on interpretation of all aspects of Chapter 145, Rent Control.
(2) 
The Board Counsel shall advise the Rent Leveling Board in order to ensure that a full, fair and balanced record of the rent leveling hearings shall be made and that all competent evidence shall be presented and tested as to its relevancy, competency, materiality and creditability, so that the Township Council and any appellate tribunal will have the benefit of a fully developed record of the proceedings.
(3) 
The Board Counsel shall attend all meetings of the Rent Leveling Board, as required by said Board.
A. 
There shall be three Municipal Prosecutors appointed by the Mayor, each for a term of one year. All appointments shall be effective on the first day of January and shall terminate on December 31st of each year.
B. 
The compensation to be paid to the three Municipal Prosecutors shall be as set forth on the employee's initial employment status form. Thereafter, those employees shall receive the highest salary increase that is negotiated with any collective bargaining unit, with the exceptions of PBA Local 136 and PBA Local 136A. Nothing contained herein shall restrict the right of the Mayor to establish a starting salary for any individual hired to fill a vacancy in the Office of Municipal Prosecutor.