[HISTORY: Adopted by the Town Meeting 5-8-1988 ATM, Art. 98,
as Secs. 90.1 through 90.6 of the General Bylaws; amended in its entirety 5-13-2019 ATM by Art. 23. Subsequent amendments noted where applicable.]
The Town Administrator shall each year after the Annual Spring
Town Meeting, and whenever a vacancy shall exist, choose some competent
lawyer, to act as Town Counsel. Town Counsel shall be paid such compensation
as the Town shall determine. Town Counsel's term of office to
take effect after the Annual Spring Town Meeting and shall continue
for one year or until the appointment and acceptance of a successor.
The Town Counsel shall, when requested by Town Officers, Boards
and Committees, and approved by either the Board of Selectmen or Town
Administrator, furnish a written opinion on any legal question that
may be submitted to Town Counsel in regard to any matter which concerns
the Town or them as Town Officers, and shall at all times furnish
legal advice to any office of the Town who may require an opinion
upon any subject with reference to the duties incumbent upon such
officer by virtue of his or her office.
The Town Counsel shall, unless otherwise directed by the Selectmen,
prosecute all suits ordered to be brought by the Town, or defend suits
brought against the Town or its officers in their official capacity.
Town Counsel shall, when requested by the Selectmen, appear before
any tribunal, whether in law, referee, commissioners, committee, arbitrators
or other tribunal on matters in which the Town may be a party, or
in which the Town may be interested. For such service Town Counsel
shall receive suitable compensation as determined by the Board of
Selectmen.
The Town Counsel shall prosecute on behalf of the Town, in the
local district court, all cases for the violation of the statutes,
the Charter or these bylaws, on behalf of any board or officer of
the Town, when requested in writing by the Town Administrator or the
Board of Selectmen. Access to the Town Counsel shall only be granted
by the Board of Selectmen or by the Town Administrator, should the
Board vote to delegate this authority to the Town Administrator. The
Town Administrator shall have full authority to use the services of
the Town Counsel. For such services the Town Counsel shall receive
suitable compensation as determined by the Board of Selectmen subject
to Town Meeting appropriations.
The Town Counsel or an appointed special Town Counsel shall
draw up all bonds, deeds, leases, obligations, conveyances and other
legal instruments or approve the same.
Pursuant to the requirements of the General Law, all correspondence
received which relates to legal action or lawsuits against the Town
shall be immediately given to the Town Clerk. All documents, correspondence,
etc. shall be stamped with the current date, shall be properly recorded
and copies sent to the Board of Selectmen, Town Administrator and
to designated Town attorneys. Such designation shall be made by the
Board of Selectmen.
