[Amended 3-27-2019 ATM by Art. 34]
The Select Board shall each year within thirty
days after the annual election of Town officers appoint some attorney-at-law
as Town Counsel, who shall serve for the term of one year and until
his successor is appointed; he shall receive for his services such
compensation as the Town may determine and he may be removed at any
time by a majority vote of said Board. Said Board may, whenever it
deems necessary, employ special counsel to assist or act in place
of the Town Counsel.[1]
[1]
Editor's Note: Original Sec. 2 of this article,
which immediately followed this section, was amended 4-24-1974 ATM
by Art. 89 and deleted 5-3-1982 ATM by Art. 48.
[Amended 5-3-1982 ATM by Art. 48; 4-9-2001 ATM by Art. 29; 3-27-2019 ATM by Art. 34]
The Town Counsel shall draw or supervise the
drawing or approval of all contracts, deeds, bonds and other legal
instruments relating to the Town; he shall give legal advice and furnish
a written opinion when so requested by the Town Meeting or by any
Town officer, board, department, committee, commission, authority
or trusteeship, regarding any legal question or matter relating to
the duties of such officer, board, department, committee, commission,
authority or trusteeship, and no such officer or entity shall at the
expense or in behalf of the Town employ or be represented by any other
than the Town Counsel unless authorized by the Select Board.
[Amended 3-27-2019 ATM by Art. 34]
The Town Counsel shall, as soon as possible
after receiving notice from the Chief of Police or otherwise, of any
injury to person or property, under circumstances which may give rise
to a claim of damages against the Town, make or cause to be made a
thorough investigation relative thereto and, with the approval of
the Select Board, take such steps as may be deemed necessary to properly
protect and defend the Town against such claim.
[Amended 4-24-1974 ATM by Art. 89; 3-27-2019 ATM by Art. 34]
The Town Counsel shall, unless otherwise directed
by the Town Manager with the approval of the Select Board, prosecute
or defend all cases and proceedings to which the Town is a party.
He shall also prosecute, unless otherwise directed by the Town Manager
with the approval of the Select Board, all cases for the breach or
violation of the by-laws of the Town.
[Amended 5-3-1982 ATM by Art. 48; 6-16-2014 STM by Art. 7; 3-27-2019 ATM by Art. 34]
The Town Counsel shall annually report in writing
to the Select Board, by a date determined by the Select Board, all
actions by or against the Town which were pending at the beginning
of the preceding fiscal year; all actions brought by or against the
Town during such year; and all actions settles or disposed of during
such year. Such report shall show the full name of each plaintiff
or defendant, the nature and amount of the claim in each case, and
the terms upon which any case was settled or disposed of during such
year. Such report shall be printed in the Annual Town Report.
The Town Counsel shall not during his term of
office hold any other appointive or elective office of the Town.
