[HISTORY: Adopted by the Annual Town Meeting
of the Town of Middleton 3-15-1949 by Art. 23. Amendments noted where applicable.]
[Amended 8-20-1990 STM by Art. 5; 6-5-2021 ATM by Art.
28]
The Select Board 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.
[Amended 6-5-2021 ATM by Art. 28]
No member of the Select Board, 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 Select Board in writing
of the contract or transaction and of the nature of their 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 Select Board 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 Select Board or the Town
Meeting. Any officers of the Town violating this section shall be
punished by a fine of not more than $20.
[Amended 6-5-2021 ATM by Art. 28]
No Town officer or employee of the Town shall
receive any compensation or commission for any work performed by them
for the Town or any department thereof in addition to the compensation
and fees allowed them by law, vote of the Town, or of the board in
charge of said department without the permission of the Select Board.
Any officer or employee shall be punished by a fine of not more than
$20 and the forfeiture of such improper compensation and commission.
[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.
[Amended 6-5-2021 ATM by Art. 28]
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 Chairperson of the Select Board 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.
