Town of Middleton, MA
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Annual Town Meeting of the Town of Middleton 3-15-1949 by Art. 23. Amendments noted where applicable.]
GENERAL REFERENCES
Financial affairs — See Ch. 31.

§ 14-1 Town agents.

[Amended 8-20-1990 STM by Art. 5]
The Board of Selectmen shall be the agents of the Town to make purchases and all contracts of purchase, sale, employment, construction and repair for all departments of the Town, except as provided in the Town Charter and MGL c. 30B, and except as the Town shall vote otherwise. However the School Committee shall make all purchases and contracts for the School Department, except for the construction of school buildings, and except as provided in the Town Charter and MGL c. 30B.

§ 14-2 Conflict of interest.

No Selectman, member of the School Committee, or other board, committee, or officer, elective or appointed, shall, directly or indirectly, make a contract or other business transaction with the Town, or receive any commission, discount, bonus, gift, contribution or reward from, or any share of the profits of, any person or corporation making or performing said contract or transaction, unless the officer concerned immediately upon learning of the existence of such contract or transaction or that such a contract or transaction is proposed, shall notify the Selectmen in writing of the contract or transaction and of the nature of his interest therein and shall abstain from doing any official act on behalf of the Town with reference thereto. In case such an interest exists on the part of an officer whose duty it is to make a contract or transaction, the Selectmen may authorize another officer to act as agent for the Town to make such contract or engage in said transaction. The violation of any portion of this section shall render the contract with respect to which the violation occurs voidable at the option of the Town, as expressed in a vote of the Selectmen or the Town Meeting. Any officers of the Town violating this section shall be punished by a fine of not more than $20.

§ 14-3 Compensation.

No Town officer or employee of the Town shall receive any compensation or commission for any work performed by him for the Town or any department thereof in addition to the compensation and fees allowed him by law, vote of the Town, or of the board in charge of said department without the permission of the Selectmen. Any officer or employee shall be punished by a fine of not more than $20 and the forfeiture of such improper compensation and commission.

§ 14-4 Manner of making contracts.

[Amended 3-14-1972 ATM by Art. 10; 5-8-1984 ATM by Art. 51; 8-20-1990 STM by Art. 5]
No contract of purchase, sale, construction or repair shall be valid and binding on the Town unless made in the manner provided for in MGL c. 30B.

§ 14-5 Countersignature and recording required.

No contract or change of contract or order for labor and materials involving the expenditure of money from the appropriation for the construction of a public building shall be valid unless countersigned by the Chairman of the Selectmen and recorded in a book to be kept for the purpose. This section shall be written or printed upon every contract for the construction of any public building.