Town of Braintree, MA
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2019-10-01
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Title 2: Administration and Personnel
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Chapter 2.290 Town Solicitor
- The Charter
- Ch CC Braintree Charter
- Title 1: General Provisions
- Ch 1.08 General Penalty
- Ch 1.10 Adoption of Code
- Title 2: Administration and Personnel
- Ch 2.100 Town Elections
- Ch 2.200 Mayor
- Ch 2.205 Administrative Organization
- Ch 2.206 General Standards of Conduct
- Ch 2.207 Chief of Staff and Operations
- Ch 2.208 Acting Mayor
- Ch 2.209 Assistant to Mayor
- Ch 2.220 Department of Public Works
- Ch 2.230 Department of Municipal Finance
- Ch 2.250 Department of Human Resources
- Ch 2.265 Board of License Commissioners
- Ch 2.290 Town Solicitor
- § 2.290.010 Appointment of Town Solicitor.
- § 2.290.020 Term of office.
- § 2.290.030 Powers and duties.
- Ch 2.300 Town Council
- Ch 2.310 Town Auditor
- Ch 2.320 Town Clerk
- Ch 2.330 Clerk of the Council
- Ch 2.400 School Committee
- Ch 2.500 Town Accountant
- Ch 2.505 Animal Control Officer
- Ch 2.510 Animal Inspector
- Ch 2.515 Deputy Assessor
- Ch 2.520 Inspector of Buildings and Local Inspectors
- Ch 2.530 Director of Facilities and Equipment
- Ch 2.550 Fence Viewers
- Ch 2.560 Fire Chief and Fire Department
- Ch 2.570 Harbormaster
- Ch 2.575 Director of Public Health
- Ch 2.585 Inspector of Gas Piping and Gas Appliances
- Ch 2.590 Library Director
- Ch 2.595 Parking Clerk
- Ch 2.600 Plumbing Inspector
- Ch 2.610 Police Chief and Police Department
- Ch 2.615 Purchasing Agent
- Ch 2.620 Sealer of Weights and Measures
- Ch 2.630 Treasurer/Collector
- Ch 2.635 Tree Warden
- Ch 2.640 Veterans' Services Director
- Ch 2.645 Wire Inspector
- Ch 2.700 Other Multiple Member Bodies
- Ch 2.705 Zoning Board of Appeals
- Ch 2.710 Board of Assessors
- Ch 2.715 Community Preservation Committee
- Ch 2.720 Conservation Commission
- Ch 2.725 Contributory Retirement Board
- Ch 2.730 Commission on Disabilities
- Ch 2.735 Council on Elder Affairs
- Ch 2.740 Department of Public Works Advisory Board
- Ch 2.745 Fair Housing Liaison
- Ch 2.750 Board of Health
- Ch 2.755 Historical Commission
- Ch 2.760 Housing Authority
- Ch 2.765 Library Trustees
- Ch 2.770 Planning Board
- Ch 2.775 Registrars of Voters
- Ch 2.780 Recycling Coordinator
- Title 3: Revenue And Finance
- Ch 3.100 Fiscal Provisions Generally
- Ch 3.110 Water/Sewer Rehabilitation Fund
- Ch 3.120 Responsible Employer
- Ch 3.130 Stormwater Enterprise Fee
- Title 5: Licenses and Permits
- Ch 5.100 Local Licenses and Permits
- Ch 5.200 Licenses and Permits of Delinquent Taxpayers
- Ch 5.400 Amusement Games
- Ch 5.450 Food Sales
- Ch 5.500 Fortune-Tellers, Palmists and Similar Practitioners
- Ch 5.550 Gasoline Stations and Automotive Repair Garages
- Ch 5.560 Junk, Secondhand and Salvage Dealers
- Ch 5.565 Peddling and Soliciting
- Ch 5.570 Precious Metal Dealers
- Ch 5.575 Printed Matter Vending Machines
- Ch 5.580 Taxicabs
- Ch 5.585 Yard Sales
- Ch 5.590 Trash Haulers
- Ch 5.600 Marijuana Not Medically Prescribed
- Ch 5.700 Demolition Delay
- Title 6: Animals
- Ch 6.100 Dogs and Other Animals
- Ch 6.200 Migratory Waterfowl
- Title 8: Health and Safety
- Ch 8.100 Burglar Alarm Systems
- Ch 8.200 Flammable Storage License Fees
- Ch 8.300 Fire Alarm and Fire Protection Systems
- Ch 8.400 Garbage Collection and Disposal
- Ch 8.500 Mandatory Recycling for Residential Properties
- Ch 8.600 Hazardous Materials
- Ch 8.700 Swimming Pools
- Title 9: Public Peace, Morals and Welfare
- Ch 9.100 Offenses Against Public Peace and Decency
- Ch 9.200 Public Consumption of Alcoholic Beverages
- Ch 9.300 Release of Impounded Vehicles
- Ch 9.400 Property Offenses
- Ch 9.500 Weapons
- Ch 9.600 Public Consumption of Marihuana
- Ch 9.800 Sex Offender Residency Restrictions
- Title 10: Vehicles and Traffic
- Ch 10.04 Parking for Disabled Veterans and Handicapped Persons
- Ch 10.06 Parking Penalties
- Ch 10.08 Parking Ticket Late Fees
- Title 12: Streets, Sidewalks and Public Places
- Ch 12.04 Streets and Sidewalks Generally
- Ch 12.08 Excavations and Obstructions
- Ch 12.16 Waterways
- Ch 12.20 Wetlands
- Title 13: Public Services
- Ch 13.04 Water and Sewer Charges
- Ch 13.05 Condominium Conversions
- Ch 13.06 Cellar Drains
- Ch 13.07 Grease Treatment
- Ch 13.08 Water Emergencies and Conservation
- Ch 13.12 Cross-Connection Control
- Ch 13.14 Stormwater Management
- Appendix
- Apx A Legislative Acts Accepted by the Town
- Apx B Statutory References for Massachusetts Cities and Towns
- Apx C Cross-Reference Table
- Apx D Bylaw List and Disposition Table
- Derivation Table
- Ch DT Derivation Table
- Disposition List
- Ch DL Disposition List
- Zoning Ordinances
- Ch 135 Zoning Ordinances
- Zoning Disposition List
- Ch ZDL Disposition List
[HISTORY: Adopted by the Town Council of the Town of Braintree 5-18-2010 by Ord. No.
09-053. Amendments noted where applicable.]
GENERAL REFERENCES
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
[1]
Note: This section derived from prior code § 26-1(B),
(C) and (D) and was previously amended ATM 5-14-2002 by Art. 26.
