[HISTORY: Adopted by the Special Town Meeting of the Town
of Lee 5-26-1971 by Art. 10 as Ch. 2, Art. VII of the 1971 Code. Amendments noted
where applicable.]
The Selectmen shall be agents 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 Selectmen may, at their discretion, compromise or settle
any claim or suit to which the Town is a party which does not require
payment by the Town of an amount in excess of $1,000. No settlement
of a claim or suit obligating the Town in an amount in excess of $1,000
shall be made, except as authorized by law, without consent of the
Town Meeting.
The Selectmen, in their annual report, shall state what actions
have been brought against 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.
A.
The Selectmen shall, annually in May, after final adjournment of
the Annual Town Meeting, appoint a member in good standing of the
bar, giving preference where they deem it practicable to a resident
of the Town, to serve as Town Counsel for the term of one year from
the first day of July following and until his or her successor is
appointed and enters upon the performance of his or her duties. They
shall likewise fill any vacancy in said office for the unexpired term
and may employ special counsel to assist said Town Counsel whenever,
in their judgment, necessity arises.
[Amended 6-27-1974 STM by Art. 5]
B.
Duties of Town Counsel. It shall be the duty of the Town Counsel
to:
(1)
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 Town officer, board
or committee as such.
(2)
Conduct the defense of any action or proceedings brought against
any Town officer, board or committee as such when the Selectmen, having
determined that any right or interests of the Town are or may be involved
therein, shall so request.
(3)
Conduct proceedings brought by or against the Assessors before the
Board of Tax Appeals.
(4)
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.
(5)
Examine and report upon title to all land to be acquired by the Town.
(6)
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.
(7)
Appear at any and all hearings on behalf of the Town whenever his
or her services may be required.
(8)
Generally advise and act for the Town officers, boards and committees
upon and in legal matters touching the duties of their respective
offices.
[Added 2-2-1973 STM by Art. 18]
The Conservation Commission is authorized to enter into an agreement
with the Conservation Commission of the Town of Lenox for joint management
of the Foxhollow property owned by the two towns at Laurel Lake, under
the provisions of MGL c. 40, § 4A.
