The Selectmen shall be agents of the Town, to
institute, prosecute and to defend any and all claims, actions and
proceedings to which the Town is a party or in which the interest
of the Town are or may be involved.
Except in cases involving eminent domain proceedings,
in which the funds have previously been appropriated at a Town Meeting,
the Selectmen may at their discretion compromise or settle any claims
or suits to which the Town is a party, which does not require the
payment by the Town of an amount in excess of $1,000. However, no
settlement of a claim or lawsuit obligating the Town in an amount
in excess of $1,000 shall be made except as otherwise authorized by
law, without the consent of the Town Meeting.
The Selectmen in their annual report shall state
what actions have been brought against and on behalf of the Town,
and what causes have been compromised or settled.
The Selectmen shall annually in June appoint
a member of the Massachusetts Bar who is in good standing to serve
as Town Counsel for the term of one year from the first day of July
following and until his successor is appointed and enters upon the
performance of his duties. The Selectmen shall likewise fill any vacancies
in said office for the unexpired term and may employ special counsel
to assist said Town Counsel, whenever, in their judgment necessity
therefor arises.
It shall be the duty of the Town Counsel to
conduct the prosecution, defense or compromise of claims, actions
or proceedings to which the Town is a party, and the prosecution of
actions or proceedings by or on behalf of any Town officer, board
or committee as such, whenever the Selectmen, having determined that
any rights or interests of the Town are or may be involved therein,
shall so request, to conduct proceedings brought by or against the
assessors before the Board of Appeals, to assist in the prosecution
of complaints for the violation of any bylaw of the Town when requested
to do so, to examine and to report upon all titles to all land to
be acquired by the Town, to prepare or approve contracts, bonds, deeds
and all other legal instruments to which the Town is a party or in
which any right or interest of the Town is involved, to appear at
any or all hearings on behalf of the Town whenever his services may
be required and generally to advise and act for the Town officers,
boards and committees upon any legal matters involving the duties
of their respective officers.