There shall be a Department of Law, the head
of which shall be the Township Attorney, but who need not serve full
time and shall be subject to such fees as shall be approved by the
Council.
The Township Attorney shall be the chief law
officer of the Township and attorney of record in all proceedings
wherein the Township or any of its officers, boards, bodies or commissions,
within the jurisdiction of the Department of Law, by reason of any
suits growing out of their official position, shall be a party. He
shall advise all Township officials and bodies on any matters relating
to the Township government when requested to do so. He shall supervise
the preparation of all contracts, deeds and other documents and all
ordinances and resolutions referred to the Law Department for preparation.
No warrant shall be issued for the payment of
any money from the Township Treasurer in any matter wherein a deed
is necessary or under any contract to which the Township is a party
unless the Township Attorney shall have endorsed in writing upon such
deed or contract his approval as to form and legality, together with
a statement of any liens or encumbrances affecting the transaction.
Upon the expiration of his term of office or
his resignation or removal therefrom, the Township Attorney shall
forthwith surrender to the several Township officers charged with
the custody thereof all deeds, leases, conveyances, obligations, bonds,
contracts, agreements, maps, reports and other papers in his possession
belonging to the Township. He shall deliver to his successor in office
all legal papers and documents relating to the business of the Township,
together with a written consent of substitution of his successor in
all actions then pending and undetermined in which the Township is
a party.
[Amended 7-21-1980 by Ord. No. 80-23]
The Township Attorney shall appoint in the Law
Department not more than two Deputy Township Attorneys and such other
legal assistants as may be authorized by future ordinance.
A.
All employees of the Law Department shall perform
such duties as may from time to time be assigned to them by the Township
Attorney.
B.
The Deputy Township Attorney shall, during the absence
or disability of the Township Attorney, possess all the powers and
perform all the duties of the Township Attorney. In case of the death
of the Township Attorney or of a vacancy in that office, the Deputy
Township Attorney shall act as Township Attorney until the appointment
and qualification of a Township Attorney.
C.
The Deputy Township Attorney, the Assistant Township
Attorney and any legal assistant shall, in addition to the duties
regularly assigned to such assistants, possess such of the powers
and perform such of the duties of the Township Attorney as he shall
empower such assistants to exercise by written authority filed and
remaining on record in the Department.
A.
The Township Attorney is authorized, with the approval
of the Council, within available appropriations, to employ such additional
counsel to aid in the trial or argument of such actions, causes or
proceedings of importance in which the Township may be a party or
be interested as he may deem necessary.
B.
The Township Attorney may retain separate, special
counsel, within the available appropriation, to obtain outside independent
legal advice for itself or other boards or bodies upon the request
of the Council.
