§ 7-12 — Duties of selectmen.

Connecticut § 7-12

• Jurisdiction: Connecticut
• Title 7: Municipalities
• Ch. 91: Selectmen

Text

The selectmen of each town shall, forthwith, after the election or appointment of any town officers of whom an oath is required by law, cause them to be sworn to a faithful discharge of their respective duties. They shall superintend the concerns of the town, adjust and settle all claims against it and draw orders on the treasurer for their payment. They shall require of the treasurer a sufficient bond, with surety, conditioned for the faithful discharge of the duties of his office; and the selectmen who fail to require such bond shall be jointly and severally liable to the town for all moneys not accounted for by the treasurer. They shall make a sworn report to the treasurer of the amount, number and date of each town order drawn by them, at the end of each month; and they shall keep a true account of all expenditures in the form of a permanent record which shall be verified under oath at the end of the fiscal year and made available for auditing purposes and public inspection. See Sec. 7-83 re requirement that orders for payment of town's expenses be signed by majority of selectmen.

Legislative History

(1949 Rev., S. 536; 1953, S. 216d.) Earlier cases (2 D. 323; 5 C. 367) denying the right of selectmen to compromise or arbitrate claims, or prosecute or defend suits, overruled. 19 C. 331; 29 C. 113; 33 C. 504; 64 C. 94. In removing encroachments on highway, selectmen are agents of the law, not of the town. 2 C. 294; 54 C. 68. They are agents of the law in laying out highways. 17 C. 199; 64 C. 100. But are agents of the town in building or repairing highways. Id. Act of a minority assented to by a majority is obligatory. 21 C. 636. Town is liable for default of selectmen, in imposed duty. 22 C. 169. A public agent, acting upon a public business, is presumed to act in his official capacity. Id., 385. Selectmen assumed duty of repair of way, imposed by law upon railroad company; held binding upon the town; ratification of unauthorized act. 26 C. 56. The acts of selectmen upon subjects within their agency are admissible to prove relationship of the town. Id., 579. Payment for pauper an implied admission of continuing liability. 29 C. 113. Authority by vote, to them, to pay moneys, does not authorize execution of promissory note of the town. 37 C. 62. Statutory notice of injury through defective highway cannot be waived by a selectman; whether the board may, quaere. 46 C. 56. One, liable over, is not bound by the amount of the voluntary payment made by a town. 48 C. 326. Order by selectmen on town treasurer, given and received in satisfaction of claim, is equivalent to payment. Id.; 51 C. 491. Of three selectmen one was not consulted, the other two agreed that one of them “should attend to the case”, who then submitted it to arbitration; held not binding on the town. 54 C. 35. Injunction against town to restrain selectmen from carrying out unlawful purpose directed by the town. Id., 73. One lawfully employed by selectmen is an agent of the town. 58 C. 98. When selectmen may employ counsel before General Assembly. Id., 234. Selectmen cannot delegate authority to superintend highways. 60 C. 164. They may submit land damages to arbitration. 64 C. 88. As to ratification of illegal payment by approval of report. 70 C. 18, see 121 U.S. 121. Selectmen have no general authority to borrow money or make contracts. 121 U.S. 121. Nature of office; power may extend beyond town. 71 C. 728. Report of selectmen admissible against town. 72 C. 562. Nature and history of office of first selectman. 75 C. 462. Power under good roads act. 81 C. 619. Power to appoint overseer of improvident person. 84 C. 680. Nature of acts as to layout of highways. 85 C. 502. Power over land which town controls. 88 C. 15. When acting as agents of law, town cannot control. Id., 308. Acts of one selectman outside of authority cannot bind other selectmen; liability of one for illegal acts ordered by him. 94 C. 440, 442. Cited. 121 C. 298; 237 C. 135. Power to create or eliminate municipal positions is a necessary concomitant to the power to superintend concerns of the town. 277 C. 565. Cited. 35 CA 769.