[HISTORY: Adopted by the Town Council of the Town of Braintree 5-18-2010 by Ord. No. 09-053. Amendments noted where applicable.]
Charter provisions — See Charter § 5-8.
The Mayor shall appoint a Town Solicitor, who shall be a member in good standing of the Massachusetts Bar Association, and who shall be a person especially fitted by education, experience and training to perform the duties of the office.
The Town Solicitor shall serve for an indefinite term.
Every board, commission, committee or official, however appointed, elected or constituted, shall submit to the Town Solicitor for drafting or approval as to form all bonds, deeds, leases, obligations, conveyances, contracts and contract change orders amounting in the aggregate to $5,000 or more, and other legal instruments to be made on behalf of the Town or to which the Town is a party, and the Town Solicitor shall do every professional act necessary for the protection of the Town's interest.
The Town Solicitor shall furnish all legal advice to the Mayor, Town Council, and all elected or appointed Town officers, departments, boards, and committees pertaining to the discharge of their official duties, and when requested through the Mayor, or through the Mayor by a least three members of the Council who shall provide a written request to all Council members and shall submit the request to the Clerk of the Council, the Town Solicitor shall furnish a written opinion on any question that may be submitted to him/her in writing relative to the rights or duties of any Town board or officers.
The Town Solicitor shall prosecute all suits ordered to be brought by the Mayor and shall appear in any court in the commonwealth in defense of all actions or suits brought against the Town or its officers or personnel for acts done in the discharge of their official capacity, or wherein any right, privilege, property, estate or act of the Town may be affected or brought into question, and shall try and argue any and all causes in which the Town shall be a party, before any tribunal, whether in law or in equity, in the Commonwealth, or before any board, administrative authority, arbitrator, mediator, or commission, and shall appear at any and all hearings on behalf of the Town whenever such services may be required. The Town Solicitor shall also confer with and advise the Mayor relative to the compromise or settlement of all suits and claims pending to which the Town is a party.
The Town Solicitor shall be responsible for all legal affairs of the Town and shall personally provide, or shall personally supervise the provision by others, all legal services necessary for the proper and efficient conduct of the Town's affairs.
With the approval of the Mayor, the Town Solicitor may employ assistants and outside counsel. The Town Solicitor shall review and approve all bills or charges for legal services to the Town.
No Town officer, board or agency shall, unless specifically authorized to do so by the Mayor, employ, advise with or consult with any attorney other than the Town Solicitor or the Town Solicitor's designee with regard to any Town duties or business. Whenever it is determined that the services of a legal specialist are necessary or desirable, the Town Solicitor shall select such counsel after consultation with the Mayor and the officer, board or agency involved.
Note: This section derived from prior code § 26-1(B), (C) and (D) and was previously amended ATM 5-14-2002 by Art. 26.