[HISTORY: Adopted by the Town Meeting of
the Town of Walpole as Article II, Secs. 1 and 4, of the 1973 General
Bylaws, as updated through 2002. Subsequent amendments noted where
applicable.]
[Amended 10-21-2019 FATM, Art. 20]
The Select Board shall appoint an Attorney-At-Law
to act as Town Counsel for no longer than the term of three years,
and said Board shall have full authority to employ special or additional
counsel whenever in its judgment necessity therefore arises.
[Amended 5-11-2003 SATM, Art. 28; 10-21-2019 FATM, Art. 20]
The Town Counsel shall draft or review all bonds,
leases, obligations, conveyances and other legal instruments, advise
on all questions relating to warrants for Town meetings, and do every
professional act relating to Town affairs which may be required of
counsel, by vote of the Town or any board and/or commission or Town
officers. When requested by said boards or any committee of the Town,
after such committee has received written authorization to submit
an inquiry to Town Counsel from the Select Board or its authorized
agent unless the need to request such inquiry is deemed an emergency
by such board or committee or there is a conflict preventing the Select Board
from being impartial, counsel shall furnish to such board or committee
and the Select Board a written opinion on any legal question that
may be submitted in writing to counsel, and counsel shall at all times
furnish legal advice to any officer of the Town who may require Counsel's
opinion on any subject concerning the duties incumbent on such an
officer by virtue of this office. Counsel shall, when required by
Town officers, prosecute any suits ordered to be brought by the Town,
and shall appear at any court in the Commonwealth in defense of any
action or suits brought against the Town or its officers, in their
official capacity. Counsel shall also, whenever counsel's services
may be required, prosecute and argue any and all cases whether in
law or equity, to which the Town shall be party before any tribunal
in the Commonwealth or before any board or referees or commissioners,
and appear at any and all hearings in behalf of the Town.
