STM 2017 Oct Article 06 Brown, Pat
Special Town Meeting October 16, 2017
STM ARTICLE 6 AMEND LEGAL AFFAIRS BYLAW – TOWN COUNSEL
Move to amend the Article VII, Section 5 of the Town Bylaws, Legal Affairs, as stated in the article.
October 2017 Town Meeting Article 6
Existing Bylaw SECTION 5. SELECTION OF TOWN COUNSEL (a) At least every 36 months, the Selectmen shall request proposals from legal service providers for the position of Town Counsel under the terms of Section 1, using the procedure specified herein, to either reappoint the incumbent Town Counsel or appoint a replacement. This means that a person or firm may serve as Town Counsel for a single term or series of continuous terms for more than 36 months only by participating in at least one competitive review procedure.
October 2017 Town Meeting Article 6
Proposed Bylaw SECTION 5. SELECTION OF TOWN COUNSEL (a) At least every 36 months, the Selectmen shall discuss the performance of Town Counsel in regular session, and determine whether it would be in the best interest of the town to issue a request for proposals for Town Counsel candidates. If the Board of Selectmen votes to request proposals for the position of Town Counsel, the following competitive review procedure shall be utilized.
October 2017 Town Meeting Article 6
And the bylaw continues unchanged…
The competitive review procedure for selecting a qualified legal service provider shall be as follows, in the sequence listed, and the Selectmen shall allow at least four months to complete the listed steps:
Why enact this change? 1.
2.
3.
Current process is cumbersome and time-consuming for the Town and for legal service providers. Proposed change maintains an open process by mandating the discussion of Town Counsel services in open meeting at least every three years. Proposed change reserves the full RFP process for situations when a change in town Counsel is under serious consideration.
STM ARTICLE 6 AMEND LEGAL AFFAIRS BYLAW – TOWN COUNSEL
Move to amend the Article VII, Section 5 of the Town Bylaws, Legal Affairs, as stated in the article.
October 2017 Town Meeting Article 6
Existing Bylaw SECTION 5. SELECTION OF TOWN COUNSEL (a) At least every 36 months, the Selectmen shall request proposals from legal service providers for the position of Town Counsel under the terms of Section 1, using the procedure specified herein, to either reappoint the incumbent Town Counsel or appoint a replacement. This means that a person or firm may serve as Town Counsel for a single term or series of continuous terms for more than 36 months only by participating in at least one competitive review procedure.
October 2017 Town Meeting Article 6
Proposed Bylaw SECTION 5. SELECTION OF TOWN COUNSEL (a) At least every 36 months, the Selectmen shall discuss the performance of Town Counsel in regular session, and determine whether it would be in the best interest of the town to issue a request for proposals for Town Counsel candidates. If the Board of Selectmen votes to request proposals for the position of Town Counsel, the following competitive review procedure shall be utilized.
October 2017 Town Meeting Article 6
And the bylaw continues unchanged…
The competitive review procedure for selecting a qualified legal service provider shall be as follows, in the sequence listed, and the Selectmen shall allow at least four months to complete the listed steps:
Why enact this change? 1.
2.
3.
Current process is cumbersome and time-consuming for the Town and for legal service providers. Proposed change maintains an open process by mandating the discussion of Town Counsel services in open meeting at least every three years. Proposed change reserves the full RFP process for situations when a change in town Counsel is under serious consideration.
