The discussion on whether the Board of Selectmen is abdicating its responsibilities when allowing the Town Manager to consult and/or hire Town Counsel before seeking the Board’s permission has been going on for several weeks.

Members of the Board derive different and often contradictory conclusions, when interpreting the State’s Town Manager’s Act and the town’s bylaws. Who is right?

Section 5.C.15 of the State Town Managers Act states that “the town manager shall oversee the activities of the town counsel under the direction of the board of selectmen.”

This statement contains general statutory language, such as “oversee the activities” and “under the direction,” but does not specify how activities will be overseen and under what kind of direction.  The statute’s language is a “purpose” oriented approach that relies heavily on the purposes and consequences.  The statute employs a general standard by using purpose-oriented words, while intending the town to develop more specific content or the necessary quantitative measurement.

On the other hand, section 3.1.5 of the Town’s bylaws states, “No Town department or official shall request services of the Town Counsel, without first obtaining the consent and approval of the Board of Selectmen.”

By law language is text-oriented, clear, specific and in compliance with the State law.  There is no conflict between the statute and the bylaws.  Town Bylaws clearly and explicitly describe “who,” “what” and “when.”

Therefore, it is up to the selectmen to decide if they want to micro-manage the Town affairs, or to delegate the authority to the Town Manager.

Maybe we all need the wisdom of Solomon.

Y. Oktay

Seabury Point Road