[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.]
[Amended 2-25-1939 by Art. 7; 6-14-2021 ATM by Art. 46]
A.
The Select Board 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.
B.
The Select Board 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. It 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.
C.
The Select Board 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.
D.
The Select Board 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 Select Board deems proper, provided that the value does
not exceed 250.
E.
The Select Board 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. It shall likewise furnish a comparative statement showing receipts
and expenditures of each department or fund for the preceding two
years. It 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.
F.
The Select Board shall have the power to grant licenses
to junk dealers. Before such licenses shall be granted, all premises
shall be inspected by the Select Board or its 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.
[Amended 6-14-2021 ATM by Art. 46]
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 Select Board.
[Amended 6-14-2021 ATM by Art. 46]
All bills against the town shall, before the
Select Board gives 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]
A.
The public
offices of the Town shall remain open on all weekdays, except legal
holidays, and as otherwise directed by the Town Administrator.
B.
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]
A.
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.
B.
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 Select Board, who shall determine whether
the dual representation advances the interests of the Town and conforms
to law.
[Amended 6-14-2021 ATM by Art. 46]
