The Board of Selectmen shall be the agent of the Town to institute,
prosecute, and defend any and all claims, actions, and proceedings
to which the Town is a party or in which the interests of the Town
are or may be involved.
The Board of Selectmen may, at their discretion, compromise
or settle any claim or suit to which the Town is a party, provided
that settlements or compromises requiring the Town to pay a sum in
excess of $25,000 may not be made by the settlement unless such payment
is: (a) covered by insurance proceeds; or (b) approved by Town Meeting.
The Board of Selectmen, in their annual report, shall state
what actions have been brought against and on behalf of the Town,
what cases have been compromised or settled, and the current standing
of all suits at law involving the Town or any of its interests.
The Board of Selectmen shall, after final adjournment of the
Annual Town Meeting, appoint a person or firm who is a member of the
Bar in good standing, to serve as Town Counsel for the term of one
year beginning July 1 through June 30 of the following year or until
his/her successor is appointed and enters upon the performance of
his/her duties. They shall likewise fill any vacancy in said office
for the unexpired term.
It shall be the duty of Town Counsel:
A.
To conduct the prosecution, defense, or compromise of claims, actions,
and proceedings to which the Town is a party, and the prosecution
of actions or proceedings by or on behalf of any officer, board, or
committee as such.
B.
To conduct the defense of any action or proceedings brought against
any officer, board, or committee as such when the Board of Selectmen,
having determined that any right or interests of the Town are or may
be involved, shall so request.
C.
To conduct proceedings brought by or against the Board of Assessors
before the Appellate Tax Board.
D.
To assist in the prosecution of complaints for violation of any bylaw
of the Town, when requested so to do by the board or officer enforcing
the same.
E.
To examine and report upon titles to all land to be acquired by the
Town.
F.
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.
G.
To appear at any and all hearings on behalf of the Town whenever
his/her services may be required.
H.
To advise and act for the officers, boards, and committees upon and
in legal matters touching the duties of their respective offices.
The Board of Selectmen may employ Special Counsel to assist
Town Counsel, whenever, in their judgment, necessity therefor arises.
