The Select Board 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.
[HISTORY: Adopted by the Town Meeting of the Town of Rockport 3-22-1997 (Ch. 6, Sec. 3, of the 1997 Code of By-laws). Amendments noted where applicable.]
When recommended in writing by Town Counsel, the Select Board may, at its discretion, compromise or settle any claim or suit to which the Town is a party, unless otherwise expressly prohibited by law.
The Select Board shall annually, after the formal adjournment of the Annual Town Meeting, appoint a member of the Bar in good standing to serve as Town Counsel, also known as the "Town Attorney," for the term of one year from the following July 1 and until a successor is appointed and enters upon the performance of their duties. It shall likewise fill any vacancy in said offices for the unexpired term, and may employ special counsel to assist the Town Counsel whenever, in its judgment, it is necessary.
It shall be the duty of the Town Counsel to conduct the prosecution or defense in actions and proceedings to which the Town is a party; or to compromise claims; 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 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; to appear at any and all hearings on behalf of the Town whenever their services may be required; and generally to advise and act on anything relative thereto for the Town committees upon and in legal matters touching the duties of their respective offices.