[HISTORY: Adopted by the Town Meeting of the Town of Marion
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-3-2003 STM
by Art. S17 (Art. III, Sec. 5, of the Bylaws)]
The purpose of this bylaw is to allow the Town to retain counsel
who may also represent other towns in the formation and operation
of a district of which the Town is or may be a member, without violating
MGL c. 268A, § 17(a) and (c). Such dual representation allows
the Town to pool resources for a common purpose and preserve scarce
Town funds.
[Amended 5-10-2021 ATM by Art. 44]
Pursuant to this bylaw, the official duties of the Town Counsel
include representing the current or prospective member towns in the
formation and operation of a district of which the Town is or may
be a member, provided that the interests of the Town would be advanced
by such dual representation and would not cause a violation of rules
governing attorney conduct. Town Counsel shall discharge such duties
only when requested to do so by the Select Board, which shall determine
whether the dual representation advances the interest of the Town
and conforms to law.
