A local would-be wag once said that Municipal Attorneys have two choices:
· They can help the Council follow town, state, and federal law to serve the residents of the Municipality, or
· They can help the Council find ways around the law to serve itself.
Hmmmmmmm!
Most of us would choose the first statement. But here in Teaneck, given AINRs, surprise apartment buildings, deaf ears to residents’ pleas and the general lack of respect we talked about in last week’s Teaneck Voices, would most of the residents say that for last several Councils our Municipal Attorney could best be characterized by the second statement?
Thanks to our new Council, elected last November, legal guidance is about to change! At 6pm on Tuesday, May 23, our Council will meet to appoint a new Township Attorney, Redevelopment Attorney, Tax Attorney, and Labor Attorney. We trust our new Council believes the basic criterion for any attorney serving the Township of Teaneck is the first statement above: to help the Council follow town, state, and federal law to serve the residents of the Municipality.
What is the role of the township attorney?
You can find some information about the Township Attorney on the Township website. Check in the Teaneck Township Code, Chapter 2, Article V, Sections 2-33, 2-34 for details. Or Click Here.
Teaneck Voices presents here a brief overview:
· The Township Attorney shall be appointed by the Council and shall serve for a term of two years. Notwithstanding the conferral of a two year term, the Township Attorney shall serve at the pleasure of the Council and may be removed by the Council, with or without cause, at any time.
· The Township Attorney shall be the chief legal advisor to the Council and Manager and give them legal advice and counsel in regard to matters that pertain to the affairs of the Township.
· Prepare or supervise the preparation of all ordinances, resolutions, contracts and other legal documents and papers pertaining to the Township.
· Attend all regular, workshop, and special meetings of the Council.
· Have the power to enter into any agreement, compromise, or settlement of any litigation in which the Township is involved, subject to the approval of the Council.
The new Council has wisely decided to seek separate legal expertise for specialized matters, thus the appointment of Redevelopment, Tax, and Labor Attorneys.
Some suggestions for the Council and for Residents to be Aware Of
Teaneck Voices offers some thoughts about the relationship between the Council and the Municipal Attorney. These suggestions are from "Ten Tips: Using Your Municipal Attorney More Effectively" by Claire Silverman, league legal counsel, Wisconsin Municipal League. We have shortened and revised the list.
1. Remember that you, the governing body, and the municipal attorney are on the same team.
The municipal attorney should not be viewed as an obstructionist. It is [their] job to protect the municipality by identifying potential legal problems and to assist the municipality so that it exercises its powers in a lawful manner. If you have specific goals, clearly communicate those goals to them. It may be that the goal itself is unlawful. In that case, it is better to know that in advance in order to protect the municipality from liability.
2. Remember who the client is.
Municipal officials should bear in mind that the municipal attorney's client is the municipality, acting through its governing body, and not the individual officials or employees. Because the municipality is the client and it is often unclear who can speak or act on behalf of the municipality, it can be helpful for both the attorney and municipal officials if the governing body develops clear guidelines regarding who can contact the municipal attorney and under what circumstances it is appropriate to do so.
Individual officials and employees must understand that they themselves are not the primary client and that the municipal attorney may not be able to keep everything told to [them]as confidential. Moreover, officials and employees should not attempt or expect to persuade the municipal attorney to act in a manner that is inconsistent with their obligation to the client, the municipality.
3. Be very clear regarding expectations.
Have a clear idea regarding the importance of the matter and convey those expectations to the attorney. Think about the role you expect [them]to play. Make sure [they] understand the priority of the matter−low, intermediate or high−and that you explain what the municipality's time frame and financial expectations are regarding the matter.
4 Plan ahead for legal services.
Give the attorney adequate time to research issues and answer questions. Don't demand an immediate response from the municipal attorney at a meeting. The municipal attorney should not be expected to have all the various provisions memorized or to shoot from the hip.
5. Be candid.
Disclose all the pertinent facts and don't be selective. Although being selective in what you tell the municipal attorney may get you the answer you want, it may have significant consequences for the municipality later. With careful thought and planning, a good attorney can deal with bad facts. However, it is very difficult for [them] to deal with damaging facts when [they are] blindsided later in the process. In all likelihood, damaging or unfavorable facts will eventually be revealed.
6. Remember that lawyers are legal advisors, not policy makers.
The municipal attorney is a legal advisor, and it is [their] job to help the municipality see what the options are and what the benefits and disadvantages might be of proceeding in a given way. [They] should not be pulled into politics and should be allowed to maintain independence and objectivity so that [they] can give the correct legal answer rather than the desired legal answer. Once the legislative body has decided which way to proceed, the attorney can then implement the plan and make sure the municipality carries out its powers lawfully.
Teaneck Voices believes that the more we, the residents of Teaneck, know about our government, their proper, legal roles and the way these roles can be misused, the more effective we will be as active participants in creating the quality of life and the culture we want for Teaneck.
|