[HISTORY: Adopted by the Board of Selectmen of the Town of Stoughton 7-13-1976
(Ch. 179 of the 1983 Code). Amendments noted where applicable.]
Town Counsel is a valuable and costly resource of the Town of Stoughton
whose services in the Town's behalf must be used intelligently and only when
necessary. He is retained by the Board of Selectmen for collective and separate
use of its members. He is directly accountable to the Board of Selectmen.
His services are available to other Town boards, department heads, committees
and commissions at the discretion of the Board of Selectmen. In order to avoid
unnecessary and costly use of his services, the Board of Selectmen, by unanimous
vote, has adopted the following guidelines, which shall govern access to and
the use of Town Counsel by employees of the Town of Stoughton.
A.
The Board of Selectmen feels that it and certain department
heads and officers of the Town frequently have legal problems and questions
of such significance and urgency that their direct access to Town Counsel
is required. Accordingly, the following individuals shall have the right to
contact Town Counsel directly, in writing, if time and circumstances permit,
with respect to significant legal questions involving their areas of responsibility:
B.
In addition to the foregoing, the Board of Selectmen
is of the belief that certain board and committee Chairmen should also have
direct access to Town Counsel, in writing if time and circumstances permit,
provided that such Chairmen, in contacting Town Counsel, are acting with authority
of a majority of the board or committee of which they are Chairmen. The Chairmen
of the following boards are entitled to such direct access:
The Board of Selectmen recognizes that other Town employees, board or
committee members and Town officers (hereinafter referred to as "employees")
may, from time to time, require assistance from Town Counsel. All such employees
desiring to obtain legal advice, relating to their areas of responsibility
or pertaining to Town matters, shall present to the Town Manager or, in the
absence of the Town Manager, the Assistant or Acting Town Manager (hereinafter
referred to as "Town Manager"), in writing if time and circumstances permit,
a request that they be allowed to seek assistance of Town Counsel. The Town
Manager shall thereupon make an appointment for such employee to see or talk
to Town Counsel at the earliest practicable time.
Town Meeting Representatives shall have direct access to Town Counsel
throughout the period during which a Town Meeting is in session (including
any period during which any such Town Meeting is in temporary adjournment)
solely with respect to questions involving matters proposed to come before
such Town Meeting. All questions submitted to Town Counsel by Town Meeting
Representatives, except those submitted on Town Meeting floor, shall be submitted
in writing, with a copy to the Board of Selectmen. In addition, Precinct Chairmen
may at any time, with the majority vote of their precinct members, seek assistance
of Town Counsel with respect to any matters relating to Town Meetings or to
their responsibilities.
Any citizen of the Town shall have the right to ask in writing for the
opinion of Town Counsel without the prior consent of the Town Manager or the
Board of Selectmen with respect to, and only with respect to, decisions of
Town employees in the course of their duties as Town employees adverse to
such citizen and pertaining to the right of such citizen to run for public
office. However, a citizen may also submit to Town Counsel such other matters
directly and adversely affecting such citizen as the Town Manager may, in
his discretion, deem appropriate for consideration by the Town Counsel. Any
requests denied by the Town Manager may be brought before the Board of Selectmen
in writing. The Board of Selectmen will review the request at the first regular
meeting following receipt of such writing. In addition to the foregoing, any
citizen of the Town shall have the right to submit to the Town Counsel articles
to appear on the warrant of any regular or special Town Meeting to assure
that the form and substance of such articles comply with the requirements
of the law.
The Town Counsel will generally be available in the Town Hall one afternoon or morning per week to discuss general legal problems with department heads, employees and committee, commission and board members. Individuals wishing to speak to Town Counsel during these office hours shall be entitled to do so upon appointment through the Town Manager's office if they are among the class of persons who have direct access to Town Counsel as set forth above. Otherwise, their request to consult with Town Counsel during office hours shall be subject to approval of the Town Manager in accordance with the procedures described in § 205-3 above.
No lawsuit shall be instituted by any person on behalf of the Town without
the approval of the Board of Selectmen, except that in emergency situations
where injunctive relief is necessary, those persons who have direct access
to Town Counsel may, with the approval of the Town Manager or the Chairman
of the Board of Selectmen, authorize the institution of such suit, provided
that the factual situation has been described to Town Counsel and Town Counsel
has determined that the proposed lawsuit is meritorious and has agreed to
institute it.
The Town Counsel shall prepare a written report monthly, which he shall
submit to the Board of Selectmen. The report shall state in summary form the
nature and extent of his activities on behalf of the Town for the month just
ended. It shall include a list of those persons who contacted him during such
month for legal assistance on behalf of the Town and a brief summary of the
nature of his response. It shall be the general policy of the Town that all
requests of Town Counsel, wherever time and circumstances permit, shall be
submitted to Town Counsel in writing, with a copy to the Board of Selectmen,
and Town Counsel shall request such writings whenever possible.
