[Ord. 8-20-1968; New; Ord. #1316, 9-15-1998, amended]
There shall be a Department of Law, the head
of which shall be the Township Attorney. He shall be appointed by
the Township Committee and unless otherwise provided by law, the term
of office of the Township Attorney shall be one year.
[Ord. 8-20-1968; Ord. #1316, 9-15-1998, amended]
The Township Attorney shall be the legal adviser
to the Township Committee and to all departments except as may be
otherwise provided by ordinance. He shall prosecute or defend actions
and proceedings by and against the Township and every department thereof.
In furtherance of these general powers, and without limitation thereto,
he shall:
a.
Advise the Township Committee as to the form and sufficiency
of all ordinances and resolutions prior to their passage.
b.
Review and approve all contracts, deeds, documents
and instruments prior to the execution thereof by or on behalf of
the Township.
c.
Conduct or defend appeals from orders, decisions or
judgments affecting any interest of the Township, as he may in his
discretion determine to be necessary or desirable, or as directed
by the Township Committee.
d.
Subject to the approval of the Township Committee,
have power to enter into any agreement, compromise or settlement of
any litigation in which the Township is involved.
e.
Render opinions in writing upon any question of law
submitted to him by the Township Committee with respect to their official
powers and duties, or the powers and duties of any officer of the
Township.
f.
Maintain a record of all actions, suits, proceedings
and matters which relate to the Township's interest and report thereon
from time to time as the Township Committee may require.
g.
Have such other and different functions, powers and
duties as may be provided by statute, ordinance or regulation.
[Ord. 8-20-1968; Ord. #1316, 9-15-1998, amended]
Whenever he deems the interests of the Township
so require, the Township Attorney may, with the approval of the Township
Committee and within the limits of the available appropriations, appoint
special counsel to assist him in the preparation, trial or argument
of such legal matters or proceedings as he may determine. If the Township
Attorney should be disqualified with respect to any matter, the Township
Committee may appoint special counsel to represent the Township for
and with respect to such matter.
[Ord. 8-20-1968; Ord. #1316, 9-15-1998, amended]
All papers, documents, memoranda, reports and
all other materials relating to the administration of the Department
of Law shall be and remain the property of the Township. Upon the
termination of his service with the Township, the Township Attorney
shall forthwith surrender to his successor all such property, together
with a written consent to substitution of his successor in all legal
actions and proceedings then pending to which the Township is a party,
as the Township Committee may require.
[Ord. #252; Ord. #1316, 9-15-1998, amended]
A Township Prosecutor may be appointed by the Township Committee. He shall serve at the pleasure of the Township Committee and receive such compensation as may be agreed to from time to time. The Township Prosecutor shall have the same qualifications required of the Township Attorney, and he shall have the power and duty of conducting the prosecutions as set forth in Subsection 2-5.2.
