26-16 Authorizing Execution of Agreement to Retain Joseph M Wenzel-Municipal Prosecutor.pdf

26-16 February 9, 2016 RESOLUTION WHEREAS, N.J.S.A. 2B:12-27 authorizes the governing body of a municipality to employ an attorney-at-law as a prosecutor to represent a municipality in any matter within the jurisdiction of a municipal court; and WHEREAS, N.J.S.A. 2B:25-4 authorizes the governing body of a municipality to appoint a municipal prosecutor for a one-year term; and WHEREAS, a vacancy has arisen for the position of Municipal Prosecutor for the Township of West Orange (the “Township”); and WHEREAS, Joseph M. Wenzel, Esq., has already served the Township as the Public Defender for the Township; and WHEREAS, the Law Department recommends the appointment of Mr. Wenzel to the position of Municipal Prosecutor for the remainder of the calendar year 2016; and WHEREAS, pursuant to N.J.S.A. 40A:11-5(1)(a)(i), the Agreement for Retention of Prosecutor (the “Agreement”) annexed hereto as Exhibit “A” is subject to an exception to the standard bidding procedures set forth in the Local Public Contracts Law; and WHEREAS, on the basis of the foregoing, the Agreement was not subject to a fair and open bidding process; NOW, BE IT HEREBY RESOLVED, by the Township Council of the Township of West Orange that the Mayor be and is hereby authorized to execute an agreement, in the form annexed hereto as Exhibit “A,” to continue to retain Joseph M. Wenzel, Esq., for the position of Municipal Prosecutor on the terms and conditions set forth in therein and the Municipal Clerk shall be and hereby is authorized to attest to the Mayor’s signature; and it is further

2 RESOLVED, that notice of this award shall be published and made available in the Clerk’s office in accordance with applicable law. Karen J. Carnevale, R.M.C. Victor Cirilo, Municipal Clerk Council President Adopted: February 9, 2016 I hereby certify funds are available from: Account No. JOHN O. GROSS, CFO 4828-1332-9196, v. 1