The Board of Selectmen shall each year, within 30 days after the annual
election of Town officers, appoint some competent lawyer as Town Counsel,
who shall serve for the term of one year or until his successor is appointed.
He shall receive for his services such compensation as the Town may determine,
and he may be removed for cause, at any time, by the majority vote of the
Board of Selectmen. The Board of Selectmen may, whenever it deems necessary,
employ special counsel to assist or act in place of the Town Counsel.
The Town Counsel shall not, during the term of office, hold any other
appointive or elective office of the Town.
The Town Counsel shall have the following duties:
A.
Legal drafting; opinions. 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 or Town officers. Also, when required by such boards or
any committee of the Town, in writing, he shall furnish a written opinion
on any legal question that may be submitted to him, in writing, in regard
to any matter which concerns the board or committee requesting the opinion,
and he shall at all times furnish legal advice to any officer of the Town
who may require his opinion upon any subject concerning the duties incumbent
upon such officer by virtue of his office.
B.
Prosecution and defense of suits; appearance before legislature.
It shall be the duty of the Town Counsel to commence and prosecute all actions
and other legal proceedings and suits ordered to be brought by the Town and
to defend all actions and suits brought against the Town in any court or other
tribunal of this commonwealth or of the United States. He shall also appear
as counsel in any other action, suit or prosecution against the Board of Selectmen
for any official action or the performance of any official duty when any right,
privilege, ordinance, act or direction of the Board of Selectmen may be brought
into question. He shall appear as counsel before the legislature of the commonwealth,
or any committee thereof, whenever the interest and welfare of the Town may
be directly or indirectly affected.
C.
Investigation of injury that may give rise to claim against
Town. Immediately upon being notified by the Board of Selectmen, Chief of
Police or Director of Public Works, or upon the receipt of notice from any
other source, of injury to persons or property under circumstances which may
give rise to a claim for damages against the Town, the Town Counsel shall
make or cause to be made a careful and complete investigation of all facts
relative thereto. In case of injuries to persons he shall, if it seems practicable,
immediately provide for a physical examination of the injured person to be
made by some competent physician and provide for such further examinations
as he sees fit. He shall take all steps which he deems necessary and adequate
to defend such claims and protect the interests of the Town. Within 10 days
after the claim for damages for any cause has been received by the Town Counsel,
he must make a written report to the Board of Selectmen of the nature and
circumstances of the claim, together with such recommendations regarding the
same as he deems advisable.
D.
Prosecution of bylaw violations. The Town Counsel shall
prosecute, in behalf of the Town, in the local District Court, all cases for
the violation of these bylaws or any bylaws of the Town when requested to
do so in writing by any board or officer of the Town.
The Town Counsel shall annually make a written report to the Board of
Selectmen, to be printed in the Annual Town Report, concerning the professional
services rendered by him during the preceding year. Such report shall contain
a statement of each case which has been settled, tried or otherwise disposed
of by him during the year and a statement of each case which is still pending
and the status of the same, together with such other information and recommendations
as he may deem advisable.
