Town of Brookline FY21 Program Budget

Administration and Finance l Legal

Program Description
The Office of Town Counsel functions as the Town of Brookline’s municipal counsel, providing legal advice to Town officials and employees in Town related matters.  With staff support, the Town’s counsel represent the Town and its officials and employees in claims and lawsuits in which they are named as parties, including personal injury and property damage claims that are brought under M.G.L. c. 84 and the Massachusetts Tort Claims Act; at administrative hearings and appeals before state and federal agencies, and in the state and federal trial and appellate courts.  The Town’s counsel draft, review and approve contracts, leases, and other municipal legal instruments; respond to open meeting and public records law requests and complaints; provide daily advice to officials, administrators and town and school department employees in matters concerning education, employment, open meeting, public record, conflict of interest, and zoning law; and provide advice and support to Town Meeting members and others in matters pertaining to Town Meeting.
 
FY21 Objectives
  1.  Complete discovery and move for summary judgment in certain matters filed in the United States District Court.
  2. Advise and provide legal support to Town officials with regard to the local regulation of recreational marijuana.
  3. Continue to guide the School Department in matters pertaining to policy development, special education, student discipline, education and disability law and/or public records and open meeting law matters.
  4. Continue to provide guidance to Town Meeting Members and citizens in warrant article filing.
  5. Provide continued support to the Planning and Building Departments with legal needs related to permitting, including legal opinions, code revision, regulatory review and warrant article drafting.
  6. Continue the transition of document preservation to an electronic management system.
  7. Seek and obtain favorable resolution of claims filed against the Town, its officials and employees.
  8. Continue to assist Town Departments in recovering monies owed to the Town for damage to Town property, and the collection of unpaid fees and taxes.
  9. Provide ongoing training to Town officials and employees in laws pertaining to Open Meeting Law and Public Records Law.
  10. Continue the transition of in-house labor and employment counsel.
FY20 Accomplishments
  1. Advised and provided legal support with regard to the local regulation of recreational marijuana.
  2. Assisted with the negotiation and execution of a License for Entry and Easement Agreement which was vital for the High School Expansion Project.
  3. Advised numerous petitioners and Town personnel with draft warrant articles, with a particular emphasis on sustainability-focused initiatives.
  4. Acted as the legal liaison to various committees related to the negotiations of the proposed purchase of the former West Campus property of Newbury College, including Newbury Acquisition Committee and the Newbury Subcommittee.
  5. Successfully defended the Town in litigation matters, including, appeals of zoning board decisions, appeals of Preservation Commission decisions and tort claims.
  6. Assisted with drafting Short-Term Rental by-law for future Town Meeting consideration.
  7. Negotiated, drafted and reviewed numerous contracts and other legal documents related to environmental issues; real estate transactions; and real estate development projects.
  8. Continued to improve the Town’s approach to public records requests to ensure more efficient and effective compliance with the requirements of the law.
  9. Provided legal guidance to school administrators, principals, and other school personnel pertaining to student enrollment eligibility, record access, discipline, deposition subpoenas and contracts.
  10. Added an in-house labor/employment associate counsel position to better serve the needs of the municipality.