[HISTORY: Adopted by the Town Meeting of the Town of Dedham
as Ch. 6 of the 1996 By-laws; amended 11-18-2013 STM by Art. 16. Subsequent amendments
noted where applicable.]
[Amended 11-15-2021 ATM by Art. 16]
The Select Board shall be agents of the Town to institute, prosecute
and defend any claims, actions and proceedings to which the Town is
a party or in which the interests of the Town are or may be involved.
[Amended 11-15-2021 ATM by Art. 16]
The Select Board, or their designee, may at their discretion
compromise or settle any claim or suit to which the Town is a party
within the amount of any appropriation available therefore or as otherwise
authorized by law.
[Amended 11-15-2021 ATM by Art. 16]
The Town Counsel shall, not later than 10 days after the close
of each year, report to the Select Board what actions have been brought
against and on behalf of the Town and what cases have been compromised
or settled, and the Select Board shall include such report in the
Annual Town Report.
[Amended 11-15-2021 ATM by Art. 16]
The Select Board shall, as soon as practicable after final adjournment
of the Spring Annual Town Meeting, appoint a competent lawyer and
member of the Bar of the Commonwealth in good standing, or firm to
act as Town Counsel for the term of three years beginning July 1st,
and until their successor is appointed and enters upon the performance
of their duties, and may at their pleasure remove them from office.
They shall likewise fill any vacancy in such office for the unexpired
term and may employ special counsel whenever, in their judgment, necessity
therefor arises and an appropriation is made or is available therefor.
A.Â
Town Counsel shall have a minimum of five years experience as a city
solicitor, Town counsel, or assistant Town counsel; in the case of
a law firm being retained by the Town as a Town counsel, only those
attorneys within the firm who have a minimum of five years experience
as a city solicitor, Town counsel, assistant city solicitor, or assistant
Town counsel shall represent the Town;
B.Â
Town Counsel shall have substantial experience in litigation before
trial courts (both state and federal) and state administrative agencies
and should have a demonstrated record of success in major municipal
litigation;
C.Â
Town Counsel shall have a demonstrated ability to provide suitable
back-up capacity during absence, illness or vacations;
D.Â
Town Counsel shall have expertise in a variety of municipal law specialty
areas such as land use, environmental law, civil rights, contracts,
and municipal finance law;
E.Â
Town Counsel shall not be eligible to participate in the Town's group
insurance program nor shall Town Counsel be eligible for retirement
or other benefits;
F.Â
Town Counsel shall be a member in good standing of the Massachusetts
Bar; and
G.Â
Town Counsel shall at all times maintain a professional liability
insurance policy in a minimum amount of $1,000,000.
[Amended 11-15-2021 ATM by Art. 16]
It shall be the duty of the Town Counsel to conduct the prosecution
of, defense of, or compromise claims, actions and proceedings to which
the Town is a party, and the prosecution of actions or proceedings
by or on behalf of any Town Officer, Board or Committee as such; to
conduct the defense of any action or proceedings brought against any
Town Officer, Board or Committee as such when the Select Board, having
determined that any right or interests of the Town are or may be involved
therein, shall so request; to conduct proceedings brought by or against
the assessors before the Appellate Tax Board; to assist in the prosecution
of complaints for violation of any by-law of the Town, when requested
so to do by the Board or Officer enforcing the same, with the approval
of the Select Board; to examine and report upon titles to all land
to be acquired by the Town; to prepare or approve contracts, bonds,
deeds and other legal instruments in which the Town is a party or
in which any right or interest of the Town is involved; and generally
to advise and act for the Town, Officers, Boards and Committees upon
and in legal matters touching the duties of their respective offices.
Any deed conveying land belonging to the Town shall be executed
by the Treasurer-Collector unless the Town shall have otherwise voted.
All transfers of mortgages, bonds, or other securities, all evidences
of indebtedness, and mortgage foreclosures shall be executed by the
Treasurer-Collector.
