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.
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TITLE
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Municipal Prosecutor
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Part-time Assistant Township Attorney
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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.
[Ord. No. 53-2014]
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.
