48-18 Exhibit for Township Attorney - 2018.pdf

AGREEMENT _EOR SERVICES OF THE TOWNSHIP ATTORNEY THIS AGREEMENT made and entered into on this 1% day of January, 2018, by and between the TOWNSHIP OF WEST ORANGE, a municipal corporation of the State of New Jersey, located at Town Hall, 66 Main Street, West Orange, County of Essex and State of New Jersey, hereinafter called the “TOWNSHIP”, and Richard D. Trenk, Esq., an Attorney at Law of the State of New Jersey, with a principal place of business at Trenk, DiPasquale, Della Fera & Sodono, 347 Mt. Pleasant Avenue, West Orange, New Jersey 07052, hereinafter referred to as “COUNSEL”, and for a term of one year to expire December 31, 2018. WITNESSETH THAT: WHEREAS, The Township of West Orange is a Faulkner Act Mayor-Council Form of government with a Law Department established by Ordinance, the Director of which is the Township Attorney; and WHEREAS, the Mayor has appointed COUNSEL to the position of Township Attorney subject to advice and consent of the Township Council, which has approved of the Mayor's appointment,; and WHEREAS, N.J.S.A. 40:69A-43, a section of the Faulkner Act, provides that “each department head shall serve during the term of office of the mayor appointing him, and until the appointment and qualification of his successor’, which takes precedence over N.J.S.A. 40A:9-139, requiring that the appointment of municipal attorneys be limited to a term of one year, and WHEREAS, Section 2-9.1 of the Township’s Revised General Ordinances provides that the Township Attorney “shall serve during the term of office of the Mayor appointing him’; and WHEREAS, the TOWNSHIP provides for payment of the Township Attorney at the rate of $ 42,500.00 per year, as set by the Township's salary ordinance, which includes payment for COUNSEL's representation of the TOWNSHIP in its general legal matters, but not for litigation, arbitrated or mediated matters, in which the Township has an adversary, and which