who has the authroity in the town the board or the attorney

by Caleb Kozey 6 min read

What are the powers of a town board of directors?

The town board has a right to provide input regarding a matter before the zoning board of appeals and the town attorney or the attorney or law firm providing legal services to the town by law represents the town board. Unlike representation of a private client before an agency of the town, representation of the town board is in the public interest.

Who are the elected officers of a town?

Feb 23, 2022 · It’s becoming clear that the Town needs an operator to run the 71-member West Neck Water District, that it’ll likely cost less to have the Suffolk County Water Authority do so, and that the Town has no authority over SCWA outside its pending 40-year lease agreement.

How do I grant the board the authority to enter property?

be presiding at town board meetings and, although he will have no vote on matters coming before the board, will in a limited function serve as a member of the town board. Ordinarily, a member of the town board should not also serve as an officer or employee of the town because officers and employees are under the

Can a town have one assessor and no town councilman?

Oct 09, 2014 · The attorney owes an ethical duty to the board as a whole, not to individual board members. If the board member tells the attorney something that affects the interests of the county, then the attorney likely has an obligation to share that information with the board in order to protect the county’s interests.

Who is above the mayor?

City manager and mayor are two of the most prestigious positions in local government. City managers, sometimes known as city administrators, are generally appointed by mayors or councils based on their education and experience in local government.

What are the powers of the local government?

Municipalities generally take responsibility for parks and recreation services, police and fire departments, housing services, emergency medical services, municipal courts, transportation services (including public transportation), and public works (streets, sewers, snow removal, signage, and so forth).

What are local government officials?

Local government official means any elected, appointed, or employed individual or group of individuals acting on behalf of or exercising the authority of any local government.

Who has the main responsibility for running a local government under a council manager system?

Where does the mayor fit in? Mayors in council-manager communities are key political leaders. They preside at council meetings in addition to serving as community spokesperson and key representative in intergovernmental relations.

Who is the executive leader of the local government?

In every state, the Executive Branch is headed by a governor who is directly elected by the people. In most states, other leaders in the executive branch are also directly elected, including the lieutenant governor, the attorney general, the secretary of state, and auditors and commissioners.

Who has the authority to create a municipal corporation?

1.3 Congress can create provinces, cities, municipalities and barangays subject to the criteria specified under the 1991 LGC (Section 10, Article X, 1987 Constitution) and special laws such as Republic Act No. 9009 which pertains to the conversion of municipalities to component cities.Oct 12, 2016

Who is a government official?

More Definitions of Government Official Government Official means any officer, employee or other individual acting in an official capacity for a Governmental Authority or agency or instrumentality thereof (including any state-owned or controlled enterprise).

Who are the members of LGU?

Elected officialsLGUOfficialMunicipalitiesMunicipal Mayor (Local Chief Executive)Municipal Vice mayorSangguniang Bayan member (Municipal Councilor)BarangayPunong Barangay (Barangay Captain/Chairperson; Barangay Chief Executive)15 more rows

What is the order of government officials?

Legislative—Makes laws (Congress, comprised of the House of Representatives and Senate) Executive—Carries out laws (president, vice president, Cabinet, most federal agencies) Judicial—Evaluates laws (Supreme Court and other courts)

Who can fire a city manager?

A city manager is usually hired directly by the city council – and can be terminated by a majority vote of the council. A city administrator is usually hired by the mayor – with the approval of the city council. Once hired, a city administrator can be fired by the mayor – usually with the consent of the council.

What are 5 responsibilities of the local government?

Local authorities are multi-purpose bodies responsible for delivering a broad range of services in relation to roads; traffic; planning; housing; economic and community development; environment, recreation and amenity services; fire services and maintaining the register of electors.Dec 23, 2020

Who carries out policy under the commission form of government?

The Manager prepares a budget for the Commission's consideration; recruits, hires, terminates, and supervises government staff; serves as the Commission's chief advisor; and carries out the Commission's policies.

What is the third model of government?

A third model, often advocated, is the public interest model . This model is based on the belief that government lawyers should act "in furtherance of the governmental and public interest.".

What is the public interest model?

In the public interest model, according to Professor Sanders, either the government's or public's interests are the municipal lawyer's "client.". The obvious concern with this model is that the attorney must decide who the client is and what position to take.

What is entity model?

The entity model or theory of representation is now "almost universally" accepted. The Law of Lawyering, 17 11 (2004-2 Supplement). More importantly, it has been embodied in the state's Rules of Professional Conduct (RPC) that became effective September 1, 2006. RPC 1.13 states simply in its initial sentence that "a lawyer employed or retained by an organization represents the organization acting through its duly authorized constituents." The duty defined in RPC 1.13 applies to governmental organizations, as well. RPC 1.13, Comment 9. But the comment to the RPC candidly recognizes the dilemma for government lawyers:

What is RPC 1.13?

RPC 1.13 states simply in its initial sentence that "a lawyer employed or retained by an organization represents the organization acting through its duly authorized constituents.". The duty defined in RPC 1.13 applies to governmental organizations, as well. RPC 1.13, Comment 9.

What is RSA 676:12?

RSA 676:12 states that if a subdivision or site plan application has been formally accepted by the Planning Board prior to the posting of the first official notice of the public hearing on the proposed changes, then that application is exempt from any proposed amendments from those changes.

Can you have two meetings at the same time?

Yes. Both can take place on the same meeting provided that proper notice was given for both. This need not be two separate mailings to abutters so long as the notice of the meeting clearly states that the public hearing may take place upon the board finding that the application is complete and their vote of acceptance.

What is site walk?

A site walk is really an extension of the public hearing process, during which the board is gathering the information it needs to make its final decision on the application. The board cannot act on the waivers (i.e., approve or disapprove them) until it has first voted to accept the application.

Can a planning board walk a site?

No, the planning board cannot conduct a site walk without first having accepted the application, waivers or no waivers. Acceptance of the application is assertion of jurisdiction over the subject and commences the public body's formal review of the matter put before it. A site walk is really an extension of the public hearing process, during which the board is gathering the information it needs to make its final decision on the application. The board cannot act on the waivers (i.e., approve or disapprove them) until it has first voted to accept the application. However, once the application has been accepted the board might reject a waiver request thus requiring the applicant to submit the missing information. If the applicant refuses, the board could ultimately deny the application.

Can a planning board deny a private property application?

The simple answer is no, just because someone applies for an approval under the planning board's regulations, they do not give up their private property rights. However, the board can be granted this authority "by ordinance" as outlined in RSA 674:1,IV. Once the authority is granted, an "entry authorization" check box should be added to the appropriate application forms so that the applicant knows that the authority has been granted and the board may be entering the property. If the land owner refuses entry, the board may obtain an administrative inspection warrant under RSA 595-B to enter and, of course, the ultimate leverage is the approval the land owner is seeking. If there is an application and the board determines they need to inspect the property to obtain information necessary to make an informed decision and the land owner refuses, the board can simply deny the application citing lack of sufficient information.