§ 4-52. Township Attorney.

A. 

The Township Attorney shall be appointed by the Mayor with the advice and consent of the Council and shall serve during the term of the office of the Mayor appointing the Attorney and until the appointment and qualification of the Attorney's successor. The Township Attorney shall receive such compensation as shall be provided by contractual agreement. The Township Attorney shall certify that to the best of the Attorney's knowledge there are no conflicts of interest with the Township Attorney's outside practice. The Township Attorney shall have sufficient experience in municipal law to serve in said position. The Township Attorney's duties shall include, but not be limited to the following:

(1) 

Being the legal advisor to the Mayor, to the Council and to all departments. The Township Attorney shall prosecute and defend all actions and proceedings by and against the Township and every department thereof, except as otherwise provided by law.

(2) 

Conducting appeals from orders, decisions or judgments affecting any interest that the Township Attorney may, in the Township Attorney's discretion, determine to be necessary or desirable or as directed by the Mayor.

(3) 

Subject to the approval of the Council, having the power to enter into any agreement, compromise or settlement of any litigation in which the Township is involved.

(4) 

Rendering opinions, either orally or in writing, upon any questions of law submitted to the Township Attorney by the Mayor, Council, Business Administrator, Township Clerk or the Director of any department with respect to the official powers or duties.

[Amended 5-13-1996 by Ord. No. 96-10]

(5) 

Reviewing and approving as to form all contracts, deeds, documents and instruments prior to the execution thereof by or on behalf of the Township.

(6) 

Maintaining a record of all actions, suits, proceedings and matters which relate to the Township's interest, and reporting thereon from time to time as the Mayor may require.

(7) 

Defending, at the request of any current or, where applicable, former Township officer or employee, any action brought against such officer or employee (other than an action brought against such officer or employee by the Township) for any act or omission arising out of or incidental to the performance of the duties as an officer or employee of the Township.

[Amended 5-13-1996 by Ord. No. 96-10]

B. 

Whenever the Township Attorney believes the interests of the Township require, the Township Attorney may appoint special counsel to assist in specialized legal matters and in the preparation, trial or argument of such legal matters or proceedings. The employment of special counsel shall be on a contractual basis and shall be within the limits of available appropriations, with the approval of the Mayor and subject to contractual approval by the Council, as required by the Local Public Contracts Law.

Editor's Note: See N.J.S.A. 40A:11-1 et seq.

C. 

If the Township Attorney should be disqualified with respect to any matter, the Mayor, upon request of the Township Attorney, shall appoint special counsel. Such appointments by the Mayor shall be on a contractual basis and shall be subject to contractual approval by the Council, as required by the Local Public Contracts Law.

D. 

Records and papers. All papers, documents, memoranda, reports and other materials relating to the administration of the Department of Law shall remain the property of the Township. Upon the termination of the Township Attorney's service with the Township, the Township Attorney shall promptly surrender to the successor all such property, together with a written consent to substitution of the successor in all legal actions and proceedings then pending in which the Township is a party.