[HISTORY: Adopted by the Annual Town Meeting
of the Town of Middleton 3-15-1949 by Art. 23. Amendments noted where applicable.]
[Amended 6-5-2021 ATM by Art. 28]
The Select Board shall be the agents of the
Town to institute, prosecute, defend and compromise all claims and
litigation to which the Town is a party or in which the Town's interest
is involved or may be involved, provided that in no case shall a settlement
be made requiring the payment of more than $200.
[Amended 11-29-2005 STM by Art. 13; 6-5-2021 ATM by Art.
28]
A.
The Select Board shall annually appoint an attorney
at law to act as Town Counsel whose term shall begin on the first
day of July of each year and shall continue until the appointment
of and acceptance by their successor, and who shall receive such salary
as the Town may vote. The Select Board may employ special counsel
to assist the Town Counsel, whenever in their judgment the necessity
therefor arises.
B.
The Town Counsel shall draft all bonds, leases, obligations,
contracts, conveyances and other legal instruments; appear in, and
conduct the prosecution, defense or compromise of any action or proceeding
before any court or tribunal on behalf of the Town or any officer
thereof acting in the pursuance of their duties; and perform all professional
acts which may be required of them by vote of the Town, by the Select
Board, or by any other board, committee, commission, department or
officer of the Town. At the request of the Town, the Select Board
or any board, committee, commission, department or officer of the
Town, they shall furnish a written opinion or other advice on any
legal question concerning the Town or the duties incumbent upon such
officer by virtue of their office.
