[HISTORY: Adopted by the Annual Town Meeting of the Town of Fairhaven 2-17-1934 by Art. 37 as Ch. III, Secs. 1 through 18, of the 1934 Bylaws. Amendments noted where applicable.]
The Selectmen shall in all cases, not otherwise provided for by law, bring suit, in the name of the town, against the principal and sureties, or either or any of them, named in any bond given to the town by any officer, agent, contractor or other person, for breach of the conditions of such bond.
The Selectmen shall cause the appearance and answer of the town to be entered and made in all suits brought against the town at law or in equity, except as otherwise provided in this chapter, and may employ counsel to defend the same. They may commence and prosecute suits at law and in equity, in the name of and on behalf of the town, in all cases not otherwise provided by law or by this chapter, and may employ counsel therein.
The Selectmen shall consider all claims made against the town and may settle any just claim, provided that in no case shall a settlement be so made by a payment of more than $250 without authority of the town.
The Selectmen shall have the power to sell, without the vote of the town, any and all personal property belonging to the town and no longer needed at public auction or private sale upon such terms as the Selectmen deem proper, provided that the value does not exceed 250.
The Selectmen shall furnish the Finance Committee on or before the first of February of each year with a statement of expenditures of each department or fund of the town with the amount appropriated therefor or income therefrom, for the preceding fiscal year. They shall likewise furnish a comparative statement showing receipts and expenditures of each department or fund for the preceding two years. They shall report the amounts of maturing notes or bonds, also the amount of interest (to be paid) and any order outstanding indebtedness of the town to be paid during the next fiscal year.
[Amended 2-25-1939 ATM by Art. 7]
The Selectmen shall have the power to grant licenses to junk dealers. Before such licenses shall be granted, all premises shall be inspected by the Selectmen or their agent, making a written report on the same and due notice of hearing being given. All such licenses may be revoked at any time if places are improperly conducted or if in violation of state laws governing the same.
Whenever it shall be necessary to execute any deed conveying land, the same shall be executed by the Treasurer in behalf of the town, unless the town shall otherwise vote in special cases.
The Town Treasurer shall have the custody of all the funds belonging to the town, except funds for which other provision is made by law, and he/she shall pay no money from the treasury except upon a warrant signed by or under the direction of a majority of the Selectmen.
All bills against the town shall, before the Selectmen give an order on the Treasurer for their payment, be clearly itemized and, excepting the bills for the salaries of all town officers, be approved by the officer on whose order the bill was contracted.
The Town Clerk shall have the custody of all public records of the town, if no other disposition of such records is made by law or ordinance, and shall certify copies thereof. The word "records" as used above shall mean any written or printed book, paper, map or plan.
The Town Clerk shall provide and have in readiness for use at Town Meetings a sufficient supply of "Yes" and "No" ballots. These ballots shall not be distinguished from each other in size, shape, color, paper or ink, or in size and style of type.
All departments of the town shall make an itemized statement of receipts and expenditures for publication in an annual town report. Town reports shall be distributed not less than ten (10) days before the date of the Annual Town Meeting.
No town officer, elective or appointive, or member of a committee chosen by the town, nor any agent of such officer or committee, shall have any pecuniary interest in any contract or bargain made or approved in behalf of the town by himself/herself, any board or committee of which he/she is a member or for which he/she may act as agent. The Treasurer shall pay no bills contracted in violation of this chapter.
[Added 3-11-1944 ATM by Art. 24]
[Added 10-6-1949 STM by Art. 7]
Every officer shall pay into the treasury of the town all amounts received by him/her on behalf of the town, except as otherwise provided by law, and shall make a true return thereof to the Accounting Officer or Town Accountant, stating the accounts upon which such amounts were received.
[Added 4-15-1975 ATM by Art. 46; amended 11-12-2019 STM by Art. 14]
The public offices of the Town shall remain open on all weekdays, except legal holidays, and as otherwise directed by the Town Administrator.
The public offices of the Town shall remain closed on all Saturdays, and the provisions of MGL c. 4, § 9, shall apply in the case of such closing of any such office on any Saturday to the same extent as if such Saturday were a legal holiday.
[Added 2-11-2004 STM by Art. 17]
Purpose. The purpose of this section is to allow the Town to retain counsel who may also represent other towns in the formation and operation of a district of which the Town is or may be a member without violating MGL c. 268A § 17(a) and (c). Such dual representation allows the Town to pool resources for a common purpose and preserve scarce Town funds.
Scope. Pursuant to this section, the official duties of the town counsel include representing the current or prospective member towns in the information and operation of a district of which the Town is or may be a member, provided that the interests of the Town would be advanced by such dual representation and provided that such dual representation would not cause a violation of rules governing attorney conduct. Town counsel shall discharge such duties only when requested to do so by the Board of Selectmen, who shall determine whether the dual representation advances the interests of the Town and conforms to law.