08-05-09 LARRY S. LOIGMAN, ESQ., ET AL V. THE TOWNSHIP
COMMITTEE OF THE TOWNSHIP OF MIDDLETOWN, ET AL
A-3340-07T2
The position of municipal attorney must be provided for by
ordinance, N.J.S.A. 40A:9-139, and the salaries, wages and
compensation of municipal officers and employees must generally
be set by ordinance, N.J.S.A. 40A:9-165. However, we held that
an individual appointed as a municipal attorney may perform
those duties defined in the ordinance establishing the position
for the salary set by ordinance, and may also be compensated for
additional nonrecurring services at an hourly rate authorized by
a professional services resolution and contract pursuant to the
Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a)(i).
Chase Smith assistant editor
