[HISTORY: Adopted as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-26-1974 STM, Art. 15 (Ch. IV of the Revised Bylaws)]
The Board of Selectmen shall annually appoint an attorney at
law to act as Town Counsel, who shall be paid such salary and charges
for services as the Board may approve.
The Board of Selectmen shall act as Town agent and shall have
authority, except as otherwise provided by law, to prosecute, defend
and compromise all litigation to which the Town is a party and to
employ special counsel to assist the Town Counsel whenever in its
judgment necessity therefor arises.
The Town Counsel shall draft all bonds, deeds, leases, obligations,
conveyances and other legal instruments and do every professional
act which may be required of him by vote of the Town or any board
of Town officers. Also when required by said boards or any committee
of the Town, he shall furnish within 30 days written opinion on any
legal question that may be submitted to him, and he shall at all times
furnish legal advice to any officer of the Town who may require his
opinion on any subject concerning the duties incumbent upon such officer
by virtue of his office. He shall prosecute all suits ordered to be
brought by the Town or Board of Selectmen and shall appear at any
court in the commonwealth in defense of all actions or suits brought
against the Town or its officers in their official capacity. He shall
try and argue any or all cases in which the Town shall be a party,
before any tribunal, whether in law or equity, in the commonwealth,
or before any board of referees or commission, and shall appear at
any and all hearings on behalf of the Town wherever his services may
be required.
All questions to the Town Counsel shall be submitted in writing.
All legal notices to be inserted for publication by any Town
board or committee shall be first approved by the Town Counsel.
Any Town officer served with any legal notice or document in
connection with his respective office shall, within 24 hours, deliver
it to Town Counsel.
[Adopted 5-3-1993 ATM, Art. 19]
The purpose of this article is to allow the Town, from time
to time, to retain counsel who may also represent the Housatonic Ratepayers
Alliance and/or its members in matters in which the Town of Great
Barrington is also a party without violating MGL c.268A, §§ 17(a)
and 17(b). Such dual representation allows the Town to pool resources
for a common purpose and preserve scarce Town funds.
Pursuant to this article, the official duties of the Special
Town Counsel include representing the Housatonic Ratepayers Alliance
and/or its members in administrative and judicial proceedings in which
the Town is also a party, provided that the interest of the Town would
be advanced by such dual representation and provided that such dual
representation would not cause a violation of rules governing attorney
conduct.
Special Town Counsel shall discharge such duties only when requested
to do so in writing by the Board of Selectmen and/or Town Counsel
and/or Associate Town Counsel. Prior to making such a request, the
Board of Selectmen shall consult with Town Counsel and/or Associate
Town Counsel, who shall advise the Board as to whether the best interests
of the Town would be advanced by such dual representation. Town Counsel
and/or Associate Town Counsel shall also supervise Special Town Counsel
in such instances from time to time shall render advice to the Town
as to whether this dual representation advances the interests of the
Town and conforms to law.
