Town Counsel

Many uninformed comments seem to be circulating regarding the issue of Town Counsel.

Although the Town Charter SHOULD BE posted on the Town's web site, it currently is not.

(Could someone please show the IT Director how to do it?)

The following section of the Town Charter (found on a site maintained by a private individual, mrmiddleboro) might be where the beginning of discussion should begin:

LEGAL AFFAIRS
SECTION SEVENTEEN:

The Board of Selectmen shall annually appoint an Attorney at Law to act as Town Counsel, who shall be paid such salary as the town votes.

The Board of Selectmen shall have authority to prosecute, defend and compromise all litigation to which the town is a party, and to employ special counsel to assist the Town Counsel whenever in their judgement it may be necessary.

The Town Counsel shall draft all bonds, deeds, leases, obligations, conveyances and other legal instruments, and do every professional act which may be required of him, by vote of the town or any Board of the town officers. Also, when so required by said Boards or any Committee of the town, he shall furnish a written opinion on any question that may be submitted to him, and he shall at all times furnish legal advice to any officer of the town who may require his opinion upon any subject concerning the duties of such office.

He shall prosecute all suits or other legal proceedings ordered to be brought by the town or Board of Selectmen, and shall appear before any court in the Commonwealth in defense of all actions or suits brought against the town or its officers in their official capacity, and shall try and argue any and all causes in which the town shall be a party, or before any tribunal whether in law or in equity, in the Commonwealth, or before any Board of Referees or Commission, and shall appear at any and all hearings on behalf of the town whenever his services may be required.

Whenever it shall be necessary to execute any deed, conveying land, or any other instrument required to carry into effect any vote of the town, the same shall be executed by the Treasurer in behalf of the town, unless the town shall vote otherwise.