Conference/Public Meeting Agendas/Documents — Packet

further subject to certification of availability of funds by the Chief Financial Officer, and review by the Township Council on a Bill List, before any payment is made; and WHEREAS, the Township Council, through its investigatory power, related to and concomitant with its budgetary power under the Faulkner Act, can and does from time to time in executive session confer with the Township Attorney and individual attorneys handling the Township’s various litigated matters, to keep apprised of the status of the litigation, the strategies being employed, the anticipated expenses, settlement considerations, and has the right and ability to convey its opinions and desires about how the litigation should be prosecuted or defended and ultimately resolved; and WHEREAS, for all of the reasons set forth in the preceding recitals, the use of a cap system for litigation attorneys is impractical, unwise, and contrary to the separation of functions mandated by the Faulkner Act for the Mayor-Council form of government existing in the Township of West Orange; and WHEREAS, the Chief Financial Officer of the Township has certified as to the availability of funds for payment of counsel under this professional services contract; NOW, THEREFORE, BE IT, AND IT IS HEREBY, RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF WEST ORANGE, that the maximum provided for payment of William W. Northgrave, Esq., of the law firm of McManimon & Scotland, for legal fees and costs to provide for the adequate and effective assistance of counsel for defense of the matter entitled, “West Essex Highlands, Inc., v. Township of West Orange and West Orange Township Council”, bearing Docket No. ESX-L-6292-10, initially set at $7,500.00, shall no longer be subject to an arbitrary cap, but shall be monitored and managed by the Administration, including principally the Township Attorney supervising the services provided by Mr. Northgrave and his law firm, subject to the policies established by the Mayor, the overall litigation budget established by the Township Council, the certification of available funds by the Township’s Chief Financial Officer, the Township Council’s review of individual invoices appearing on its Bill List, and the Township’s Billing Guidelines for Legal Services, and as same may be amended. KAREN CARNEVALE, MUNICIPAL CLERK

view of individual invoices appearing on its Bill List, and the Township’s Billing Guidelines for Legal Services, and as same may be amended. KAREN CARNEVALE, MUNICIPAL CLERK PATRICIA SPANGO, COUNCIL PRESIDENT Adopted: June 26, 2012 I hereby certify funds are available from: _ ACCOUNT NO.: JOHN GROSS, CHIEF FINANCIAL OFFICER