A.
The Township Attorney shall be appointed by the Council
by a majority vote of its members and shall serve at the pleasure
of the Council for a term not to exceed one year from the first day
of January of the year of his appointment and until his successor
has been appointed and qualified. He shall be an attorney at law of
the State of New Jersey, and in lieu of appointing an individual attorney,
the Council may appoint a firm of attorneys, all members of which
shall be attorneys at law of the State of New Jersey. The Attorney
shall receive such compensation as may be agreed upon and authorized
by the Council.
B.
Duties. The Township Attorney shall represent the
Township in all legal matters and shall advise and assist in all legal
matters the Council, Manager and departments as required in the administration
of Township government. He shall attend meetings of the Council, draft
resolutions and give opinions and rulings on questions of law which
may arise at the Council meetings. He shall prepare or approve all
legal instruments relating to the business of the Township. He shall
represent the Township in all litigation and conduct trials, appeals
and other proceedings affecting the interests of the Township as he
may, in his discretion, determine to be necessary or desirable, subject
to the approval of the Council. The Township Attorney shall further:
(1)
Maintain records of all actions, suits, proceedings
and matters which relate to the Township's interest, and report thereon
from time to time as the Council or Manager may require.
(2)
Have power to enter into any agreement, compromise
or settlement of any litigation in which the Township is involved,
subject to the approval of the Council.
(3)
Upon the termination of his service with the Township,
forthwith surrender to his successor all Township property, papers
and records, together with a written consent to substitution of his
successor in any pending actions or proceedings.
C.
Special counsel. Whenever he deems the interest of
the Township to so require, the Township Attorney, with the approval
of the Council and within the limits of available appropriation, may
appoint special counsel to assist him in the preparation, trial or
argument of any issue or in such other capacity as he may determine.
If the Township Attorney should be disqualified with respect to any
matter, the Council shall appoint special counsel to represent the
Township for and with respect to such matter, within the limits of
available appropriations.
[Amended 8-2-1983 by Ord. No. 1983-16; 11-4-1998 by Ord. No.
1998-27]
A.
Municipal Prosecutor.
(1)
Whenever required for the conduct of matters before
the Municipal Court, the Manager shall appoint a Municipal Prosecutor,
who shall serve at the pleasure of the Manager for a term not to exceed
one year from the first day of January of the year of his appointment
and until his successor has been appointed and qualified. He shall
be an attorney at law of the State of New Jersey, and in lieu of appointing
an individual attorney, the Manager may appoint a firm of attorneys,
all members of which shall be attorneys at law of the State of New
Jersey. The Municipal Prosecutor shall receive such compensation as
shall be fixed, from time to time, by General Salary Ordinance,[1] plus such fees as shall be deemed reasonable, within the
limits of available appropriations.
[1]
Editor's Note: The currently effective Salary
Ordinance is on file in the office of the Township Clerk.
(2)
Duties. The Prosecutor of the Municipal Court shall
prosecute the criminal and quasi-criminal business of the Township
before the Township Municipal Court and shall further assist the Municipal
Court Judge in the orderly and efficient administration of justice
in the Township Municipal Court.
(3)
All requests for discovery in matters pending in Medford Township Municipal Court shall be submitted through the Municipal Prosecutor. The fees to be charged for copying documents requested through the Municipal Prosecutor for Municipal Court discovery shall be as set out in Chapter 71, Fees and Licenses.
[Added 1-11-2005 by Ord. No. 2004-28]
B.
Municipal Public Defender.
(1)
Appointment. In accordance with the provisions of
N.J.S.A. 2B:24-3, each Municipal Court of this state shall have a
Public Defender, appointed by the Township Council, for a term not
to exceed one year from the first day of January of the year of his/her
appointment and until his/her successor has been appointed and qualified.
He/she shall be an attorney at law of the State of New Jersey, and
in lieu of appointing an individual attorney, the governing body may
appoint a firm of attorneys, all members of which shall be attorneys
at law of the State of New Jersey.
(2)
Duties. The Municipal Public Defender shall represent
those defendants in the Municipal Court of the Township of Medford
whom the Judge of the Municipal Court has determined are indigent
and constitutionally or otherwise entitled by law to have counsel
furnished without cost. The Municipal Public Defender shall not represent
those defendants who are indigent and are constitutionally or otherwise
entitled by law to counsel if such defendants affirmatively and with
an understanding of the waiver of such right to counsel state an intention
to proceed without counsel.
(4)
Application for representation by the Public Defender.
A person applying for representation by the Municipal Public Defender
shall pay an application fee of $200. Pursuant to N.J.S.A. 2B:24-17
and the guidelines promulgated by the Supreme Court, the Municipal
Court may waive any required application fee, in whole or in part,
only if the Court determines, in its discretion, upon a clear and
convincing showing by the applicant, that the application fee represents
an unreasonable burden on the person seeking representation. The Municipal
Court may permit a person to pay the application fee over a specific
period of time not to exceed four months.
A.
The Township Engineer shall be appointed by the Manager
with the advice and consent of the Council and shall serve at the
pleasure of the Manager and Council for a term not to exceed one year
from the first day of January of the year of his appointment and until
his successor has been appointed and qualified. He shall be a licensed
professional engineer and land surveyor of the State of New Jersey,
and, in lieu of appointing an individual engineer, there may be appointed
a firm of engineers, one or more members of which shall be a licensed
engineer of the State of New Jersey. The Township Engineer shall receive
such compensation as may be authorized by the Council.
B.
Duties. The Township Engineer shall render professional
engineering advice and assistance to the Council, the Manager, the
Planning Board, the Zoning Board, the Department of Public Works and
such other departments, boards and commissions as the Council and/or
Manager shall designate. The Township Engineer shall further:
(1)
Maintain Township maps, tax maps, engineering data
and records as may be required for the proper and efficient administration
of public works functions.
(2)
File in such office of the Township as may be designated
or approved by the Manager, the original or true copies of maps, charts,
documents, worksheets and data for which he has been compensated by
the Township. Upon the termination of his services to the Township,
the Township Engineer shall surrender to his successor all Township
property, papers, maps, charts and records, together with the status
report on any pending projects.
A.
The Township Auditor shall be appointed by the Council
by a majority vote of its members and shall serve at the pleasure
of the Council for a term not to exceed one year from the first day
of January of the year of his appointment and until his successor
has been appointed and qualified. The Auditor shall be a registered
municipal accountant of the State of New Jersey, and, in lieu of appointing
an individual auditor, the Council may appoint a firm of auditors,
one or more members of which shall be a registered municipal accountant
of the State of New Jersey. The Township Auditor shall receive such
compensation as may be agreed upon and determined by the Council.
B.
Duties. The Township Auditor shall make the annual
audit and shall have the powers and perform the duties prescribed
by general law, ordinance and/or rules and regulations of the Division
of Local Government in the Department of the Treasury of the State
of New Jersey. He shall also perform such duties and render such services
as may be prescribed by resolution and/or ordinance of the Council.
A.
The Township Planner shall be appointed by the Manager
with the advice and consent of the Council and shall serve at the
pleasure of the Manager and Council for a term not to exceed one year
from the first day of January of the year of his appointment and until
his successor has been appointed and qualified. The Township Planner
shall be a licensed professional planner of the State of New Jersey,
and, in lieu of appointing an individual planner, there may be appointed
a firm of planners, one or more members of which shall be a licensed
professional planner of the State of New Jersey. The Township Planner
shall receive such compensation as may be agreed upon and determined
by the Council, within the limits of available appropriations.
B.
Duties. The Township Planner shall render professional
planning and advice and assistance to the Council, the Manager, the
Planning Board, the Zoning Board and such departments, boards and
commissions as the Manager shall designate. The Township Planner shall
further:
(1)
Maintain planning maps, data and records as may be
required for the proper and efficient administration of planning functions.
(2)
File in such office of the Township as may be designated
or approved by the Manager the original or true copies of maps, charts,
documents, worksheets and data for which he has been compensated by
the Township. Upon the termination of his services to the Township,
the Township Planner shall surrender to his successor all Township
property, papers, maps, charts and records, together with the status
report on any pending projects.
