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standing committees, boards or departments nection with their duties, subject to the provi- may obtain, orally or in writing, the advice or sions of§5-20 of this Article. opinion of the Town Counsel as to any func- tion of their respective offices or on an s e- 2 _ P Y P ARTICLE V Director of Public Works cific question of law in relation thereto. History: Adopted 5-7-1984 ATM, Article 17, approved 9-17-1984. §5-21. Legal Proceedings by Selectmen. The Selectmen shall be the agents of the Town to §5-26. Appointment; Term of Office. The Town prosecute and defend suits to which the Town, Manager shall appoint a Director of Public in its corporate capacity, may be a party; and Works for a term not to exceed three(3)years. as agents of the Town, they shall have full authority to prosecute or defend all suits at §5-27. Powers and Duties. The Director of Public law or in equity and all civil and criminal pro- Works shall, under the direction of the Board ceedings and litigation to which the Town, or of Selectmen, have full charge of all public any Town officer in his/her official capacity,is ways, sidewalks, storm drains and mainte- a party or in which its rights, duties and inter- nance of all Town buildings and grounds, ests may be the subject of adjudication. except those lands under control of the Conservation Commission. §5-22. Compromise and Settlements. The Selectmen shall have full authority, as agents §5-28. Authority. The Director of Public Works is of the Town, with the advice and consent of authorized to issue permits for work to be per- the Town Counsel, to compromise and settle formed upon Town highways or sections all claims or suits against the Town if, in their thereof. opinion, such claims cannot be defended advantageously or successfully. ARTICLE VI - Filling of Appointed Positions. §5-23. Reports of Accidents. Whenever any accident § 5-29. Authority. The Selectmen and Town occurs on a way, involving personal injury or Manager, respectively, shall fill the following property damage by reason of an alleged defect appointed positions as indicated hereafter, or want of repairs of such ways, the with preference being given to residents of the Superintendent of Streets or any police officer Town. Any person appointed to any position or other Town official or employee cognizant of shall be sworn to the faithful performance of the same shall forthwith make written report of said position by the Town Clerk prior to j such accident to the Town Counsel containing assuming the position. Once a person is so all available information useful in defending a sworn it shall not be necessary in any subse- claim or suit against the Town founded on such quent year where the same person is reap- 1 alleged defect or want of repair. pointed to the same position to again be f sworn. §5-24. Assignment of Police Officer. The Chief of History: Added 10-5-1992 ATM, Article Police,at the request of the Town Counsel and 21, approved by Attorney General on 1-11- by order of the Selectmen, shall assign a com- 93. petent police officer to the Legal Department to act under the direction of the Town Counsel §5-30. Positions. in the investigation of claims against the Town and to assist him/her in the trial and prepara- A. The Town Manager shall appoint a Tree tion for trial of any litigation to which the Warden for a term of one (1) year. Town is a party. B. The Selectmen may appoint a Leisure §5-25. Consultation with Town Departments. All Services Committee. departments are authorized and empowered to , consult the Town Counsel at any time in con- 2 Editor's Note: This Article repealed a former Article entitled "Superintendent of Streets." 111 JL