[Adopted as Ch. IX of the 1973 Bylaws]
The Town Manager shall appoint an attorney at law to act as
Town Counsel, receiving such compensation for his/her services as
the Town Manager shall stipulate, not to exceed the sum appropriated
for the purpose each year by the Town Meeting. (1937: c. X, s. 1,
amended 1973)
[1937: c. X, s. 2; amended 1973]
A.
The Town Counsel shall draft all bonds, deeds, leases, obligations,
conveyances and other legal instruments, and do every professional
act which may be as required by vote of the Town Meeting, by the Moderator,
by the Select Board, by the School Committee, or by the Town Manager.
When required by any of the aforesaid officials, he/she shall furnish
a written opinion on any legal question which may be submitted to
him/her. He/she shall also furnish legal advice to any officer of
the Town who may require his/her opinion upon any subject concerning
the duties incumbent on such officer by virtue of his/her office.
He/she shall prosecute all suits ordered to be brought by the Town
or Select Board and shall appear at any court in the Commonwealth
in defense of any action or suit brought against the Town or its officers
in their official capacity. He/she shall also try and argue any and
all causes in which the Town shall be a party before any tribunal,
whether in law or in equity in the Commonwealth, or before any board
of referees or commissioners, and shall appear at any and all hearings
on behalf of the Town wherever his/her services may be required.
B.
The Select Board or the School Committee may employ such additional
or special counsel in any case as they may in their discretion consider
necessary.
The Town Counsel shall, when requested by the Select Board,
by the School Committee, or by the Town Manager, prosecute in the
local district court any case of violation of the statutes of the
Commonwealth or of the bylaws of the Town. (1937: c. X, s. 3, amended
1973)
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, have a thorough investigation made 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. (1937: c. X, s. 4, amended 1973)
[1937: c. X, s. 5; amended 1973]
A.
The Town Counsel shall annually, during the month following the end
of the fiscal year, report in writing to the Town Manager:
B.
The report shall show the full name of each plaintiff or defendant,
the nature and amount of the claim in each case, and terms upon which
any case was settled or disposed of during the said year. The report
shall also show the separate amounts received by the Town Counsel
as his/her compensation for professional services and for repayment
to him/her of his/her cash disbursements relating to each such action
during the year and for all other services not covered by his/her
regular salary.
