Law Department

General Information 

The Law Department provides legal representation and advice to the Mayor, the City Council and all other municipal officials and departments of the City of Medford. It advises all boards and commissions about their legal responsibilities and prerogatives. It represents the City of Medford in all courts of various state and federal jurisdiction within Massachusetts and before state administrative agencies such as the Civil Service Commission, the Massachusetts Commission Against Discrimination and in various administrative forums.

The duties and responsibilities of the City Solicitor and the Law Department can be found in the Revised Ordinances of the City of Medford in Division 4, Sec. 2-651 (Appointment and qualification); Sec. 2-652 (Term); Sec. 2-653 (Chief legal adviser; assistants; acting solicitor); Sec. 2-654 (Duties as to legal instruments);

In general, the City of Medford’s Law Department is responsible for handling the following representative matters:

– Preparation of written definitive, advisory and interpretive opinions.

– Investigation, analysis and representation of the City of Medford regarding the litigation of all personal injury, contract, civil rights, property damage and other claims brought against the City of Medford.

– Preparation, review and formal approval of all contracts, leases, deeds and other legal instruments concerning contractual and legal arrangements by the City of Medford with public and private agencies or entities.

– Identification and prosecution of claims brought by the City of Medford.

– Advise and represent the Building, Fire and Health Departments regarding building/zoning enforcement actions and health and fire code violations in the courts.

– Representation of the City in bankruptcy actions.

– Preparation of all City Ordinances.

– Preparation of all proposed Special Legislation as requested by the Mayor and the City Council.

– Attendance at the meetings of the Medford City Council and meetings of various other municipal boards, commissions and committees when requested.

– Provide direction and guidance to the City’s Workers’ Compensation agent.

Note: As legal counsel to the City of Medford, the Law Department is prohibited from providing legal representation or legal advice to members of the public. The information below is not intended as legal advice. You should always consult an attorney of your choice for actual guidance.

How do I make a claim against the City of Medford?

We cannot formally advise anyone regarding the procedure of making claim against the City of Medford. However, in general, a claim letter must be presented to either the City Clerk or the Mayor and must contain all pertinent information such as the date, the time and the exact location of the accident or incident. Most claims against the City of Medford are governed by either Chapter 84 (Defect in a Public Way) or Chapter 258 (Massachusetts Tort Claims Act) of the Massachusetts General Laws. You can access the General Laws at the Commonwealth of Massachusetts’ website at www.mass.gov or by visiting the Medford Public Library.

How can I obtain a copy of a City Ordinance?

You can obtain a copy of the City Ordinances by following the link provided at this site or (for a written copy) by contacting Edward Finn, the City Clerk, whose office is located on the first floor at City Hall.

How can I get an interpretation of a City Ordinance?

The Law Department is prohibited from giving legal advice, including interpretations of City Ordinances, to persons other than City officials, boards, commissions and committees. The Law Department does not get involved in private property disputes.

Whom should I contact regarding issues involving discrimination?

For matters involving discrimination issues, click the below topics:

Massachusetts Commission Against Discrimination
One Ashburton Place
Room 601
Boston, MA 02108
Telephone 617-994-6000
Fax 617-994-6024
TTY 617-994-6196

City of Medford Human Rights Commission
c/o Neil Osborne Esq., Director of Diversity and Inclusion
Medford City Hall, Room 214
85 George P. Hassett Drive
Medford, MA 02155
Telephone 781-393-2501
Fax 781-393-2105
TDD 781-393-2516
nosborne@medford-ma.gov

Whom should I contact regarding equal access to City of Medford facilities, services and programs?

For matters involving equal access issues, click the below topics:

Medford Commission for Persons with Disabilities
Medford Commission for Persons with Disabilities
c/o Neil Osborne Esq., Director of Diversity and Inclusion
Medford City Hall, Room 214
85 George P. Hassett Drive
Medford, MA 02155
Telephone 781-393-2501
Fax 781-393-2105
TDD 781-393-2516
nosborne@medford-ma.gov

Massachusetts Office on Disability
Executive Office for Administration and Finance
1 Ashburton Place
Room 1305
Boston, MA 02108
Telephone 617-727-7440
Fax 617-727-0965

Commission for the Deaf and Hard of Hearing
Executive Office of Health and Human Services
600 Washington Street
Boston, MA 02111
Telephone 617-740-1600
TTY 617-470-1700
Fax 617-740-1880
Toll Free 800-882-1155 (Voice)
Toll Free 800-530-7570 (TTY)

How can I receive information on Zoning Questions?

The Building Commissioner is responsible for making all determinations dealing with zoning and inquiries should be directed to his office.

Can I cut or trim the limbs of my neighbor’s tree?

Generally, a basic principle of real property law in Massachusetts is that an owner has the right to everything above the land’s surface and everything below. Technically, you may have the right to remove the portion of your neighbor’s tree which overhangs your property. However, we strongly urge you to act reasonably and speak with your neighbor first. Again, the above is not legal advice and before you act in any manner, we recommend that you contact an attorney of your choice.

Can I cut or trim a City of Medford’s public shade tree?

No. If you believe a City of Medford tree needs to be cut, trimmed or removed, you must contact Aggie Tuden, the Tree Warden of the City of Medford. There are penalties and fines if any person other than the tree warden cuts, trims or removes a public shade tree.

Can I receive personal legal assistance from the Law Department?

As legal counsel to the City of Medford, the Law Department is prohibited from providing legal representation or legal advice to members of the public. Therefore, if you have a private dispute, the Law Department cannot advise you how to proceed. If you are seeking legal services, you may wish to contact the following agencies:

Attorney General’s Office
One Ashburton Place
20th Floor
Boston, MA 02108-1518
Telephone 617-727-2200
Fax 617-727-3251
TTY 617-727-4765

Cambridge Somerville Legal Services
60 Gore Street
Suite 203
Cambridge, MA 02141
Telephone 617-603-2700
Fax 617-494-8222
TTY 617-494-1757

Community Legal Services and Counseling Center
47 Thorndike Street, Suite SBLL 1
Cambridge, MA 02141
Telephone 617-661-1010
Fax 617-661-1011

Harvard Legal Aid Bureau
Harvard Legal Aid Bureau
23 Everett St.
Cambridge, MA 02138
Telephone 617-495-4408
Fax 617-496-2687
Email hlab@mail.law.harvard.edu

Lawyers Referral Service of Middlesex County Bar Association
200 Trade Center, 3rd Floor, Rm 329
Woburn, MA 01801
Telephone 781-939-2797
Fax 781-933-1291

Middlesex County Bar Association Legal Clinic
200 Trade Center, 3rd Floor, Rm 329
Woburn, MA 01801
Telephone 781-939-2797
Fax 781-933-1291

The original Charter of the City of Medford – Chapter 324 of the Acts of 1892, Accepted October 6, 1892

Interesting Articles from the Medford Historical Register

• “Ancient Legal Contentions in Upper Medford” – January 10, 1910
• “The Lawrence Farm and Farmhouse”- September 1933 [author- Mark E. Gallagher, City Solicitor 1941 through 1972]
• The Lawyers of Medford 1902 Medford Historical Register
• “Medford’s Zoning Ordinance”- December, 1932

Reflections on the Constitution”- Harvard Law Review, November 1987 [author- Thurgood Marshall]

Original Book of Claims Against the City of Medford February 23, 1893 to June 11, 1913: Part 1, Part 2, Part 3, Part 4, Part 5, Part 6

Various Reports of the City Solicitors- 1899 to 1933

Program from the 1937 Dedication Ceremony for Medford City Hall