ARTICLE I
Appointment; Powers and Duties
§ 39-1. Appointment; salary.
§ 39-2. Selectmen to act as town agent.
§ 39-3. Duties of Town Counsel.
§ 39-4. Questions to be submitted in writing.
§ 39-5. Approval of legal notices.
§ 39-6. Notification of legal notices.
ARTICLE II
Special Town Counsel for Housatonic Ratepayers Alliance
§ 39-7. Purpose.
§ 39-8. Duties
§ 39-9. Request for services; supervision.
[HISTORY: Art. l, adopted as Ch. IV of the 1974 bylaws; Art. ll, adopted 5-3-1993 Annual Town Meeting, Art. 19. Amendments noted where applicable.]
GENERAL REFERENCES
Manager – See Ch. 29
Selectmen – See Ch. 37.
ARTICLE I
Appointment; Powers and Duties
[Adopted as Ch. IV of the 1974 bylaws]
§ 39-1. Appointment; salary.
The Board of Selectmen shall annually appoint an attorney at law to act as Town Counsel, who shall be paid such salary and charges for services as the Board may approve.
§ 39-2. Selectmen to act as town agent.
The Board of Selectmen shall act as town agent and shall have authority, except as otherwise provided by law, 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 its judgment necessity therefore arises.
§ 39-3. Duties of Town Counsel.
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 town officers. Also when required by said boards or any committee of the town, he shall furnish within thirty (30) days written opinion on any legal 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 on any subject concerning the duties incumbent upon such officer by virtue of his office. He shall prosecute all suits brought against the town or its officers in their official capacity. He shall try and argue any or all cases in which the town shall be a party, before any tribunal, whether in law
or 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 wherever his services may be required.
§ 39-4. Questions to be submitted in writing.
All questions to the Town Counsel shall be submitted in writing.
§ 39-5. Approval of legal notices.
All legal notices to be inserted for publication by any town board or committee shall be first approved by the Town Counsel.
§ 39-6. Notification of legal notices.
Any town officer served with any legal notice or document in connection with his respective office shall, within twenty-four (24) hours, deliver it to Town Counsel.
ARTICLE II
Special Town Counsel for Housatonic Ratepayers Alliance
[Adopted 5-3-1993 ATM, Art. 19]
§ 39-7. Purpose.
The purpose of this Article is to allow the town, from time to time, to retain counsel who may also represent the Housatonic Ratepayers Alliance and/or its members in matters in which the Town of Great Barrington is also a party without violating G.L. Chapter 268A, 17(a) and 17(b). Such dual representation allows the town to pool resources for a common purpose and preserve scarce town funds.
§ 39-8. Duties.
Pursuant to this Article, the official duties of the Special Town Counsel include representing the Housatonic Ratepayers Alliance and/or its members in administrative and judicial proceedings in which the town is also a party, provided that the interest of the town would be advanced by such dual representation and provided that such dual representation would not cause a violation of rules governing attorney conduct.
§ 39-9. Request for services; supervision.
Special Town Counsel shall discharge such duties only when requested to do so in writing by the Board of Selectmen and/or Town Counsel and/or Associate Town Counsel. Prior to making such request, the Board of Selectmen shall consult with Town Counsel and/or Associate Town Counsel, who shall advise the Board as to whether the best interests of the town would be advanced by such dual representation. Town Counsel and/or Associate Town Counsel shall also supervise Special Town Counsel in such instances from time to time shall render advice to the town as to whether this dual representation advances the interests of the town and conforms to law.
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