[Amended 1-4-2001 by Ord. No. 01-01]
A.
Offices created. The office of Chief Township Prosecutor is hereby created. The office of Assistant Municipal Prosecutor is hereby created. Additional Assistant Municipal Prosecutors may be appointed as deemed necessary to administer justice in a timely and effective manner.
B.
Qualifications; appointment; term; vacancy. The Chief Municipal Prosecutor and Assistant Municipal Prosecutor shall be an attorney-at-law of this state in good standing and shall have such experience necessary to perform the duties of the office. The Chief Municipal Prosecutor and Assistant Municipal Prosecutors shall be appointed by the Mayor, with the advice and consent of the Township Council pursuant to N.J.S.A. 40:69-A43(b) and N.J.S.A. 2B:25-4. As required by N.J.S.A. 2B:25-4, the Chief Municipal Prosecutor and Assistant Municipal Prosecutors shall serve for a term of one year and until the Mayor, with the advice and consent of the Township Council, appoint(s) a successor(s). If a vacancy exists or is created in the office of Chief Municipal Prosecutor, then the Mayor, with the advice and consent of the Township Council, shall appoint within a reasonable time frame a new Chief Municipal Prosecutor. If a vacancy exists or is created in the office of Assistant Municipal Prosecutor, then the Mayor, with the advice and consent of the Township Council, may appoint a new Assistant Municipal Prosecutor.
C.
Duties; special counsel; private attorney as prosecutors.
(1)
Pursuant to N.J.S.A. 2B:25-5, the Chief Municipal Prosecutor and Assistant Municipal Prosecutor shall represent the state, the county or the Township in the prosecution of all offenses, within the jurisdiction of the Bridgewater Township Municipal Court. The Chief Municipal Prosecutor and Assistant Municipal Prosecutor shall be responsible for handling all phases of the prosecution of an offense, including but not limited to discovery, pretrial and post-trial hearings, including de novo appeals in Superior Court, motions, dismissals, removals to Federal District Court and other collateral functions authorized to be performed by law or rule of Court. The Chief Municipal Prosecutor or Assistant Municipal Prosecutor may at any time move before the Bridgewater Township Municipal Court to amend or dismiss any complaint for good cause shown in accordance with the rules of the Court.
[Amended 8-4-2003 by Ord. No. 03-29]
(2)
Where the Chief Municipal Prosecutor or Assistant Municipal Prosecutor is unable to serve as prosecutor with respect to a particular matter or in a particular case where special reasons such as experience in a particular legal area so warrant, the Mayor may employ another attorney, including but not limited to the Township Attorney, Deputy Township Attorney or a special counsel employed by the Township in accordance with the procedures of § 4-55, to serve as Township Prosecutor in the Bridgewater Township Municipal Court. The Department of Administration for the Township shall provide administrative services to such offices.
(3)
The Chief Municipal Prosecutor may, with the approval of the court and pursuant to the rules of Court, authorize private attorneys to prosecute citizen complaints filed in the municipal court.
D.
Compensation. The Chief Municipal Prosecutor and Assistant Municipal Prosecutor shall receive such compensation as is fixed and determined on an annual basis by the Township Council in accordance with the annual salary and wage ordinance.
E.
Removal. In addition to any of the other means provided by law or ordinance for the removal from office of a public official, both the Chief Municipal Prosecutor and Assistant Municipal Prosecutor may be removed by the Mayor, with advice and consent of Council, for good cause shown and after a public hearing, and upon due notice and an opportunity to be heard.