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APPROPRIATION COMMITTEE-2019 ATM <br /> Act"14 (STMA) to state that the Town Moderator shall appoint the members of the CEC", a duty that is <br /> also covered in the Town's bylaws in the Code of Lexington, § 29-12(C). <br /> Back rg ound <br /> State law provides, in G.L. C. 39 §16, that every town having in excess of one million dollars in assessed <br /> valuation "shall... provide for the election or the appointment and duties of appropriation, advisory, or <br /> finance committees, who shall consider any and all municipal questions for the purpose of making reports <br /> or recommendations to the town." <br /> Different towns have implemented this requirement in different ways. At least since the adoption of the <br /> STMA, the Town of Lexington has fulfilled the statutory mandate with two separate, coordinate commit- <br /> tees, an Appropriation Committee with a broad mandate in the Town bylaws to consider"any and all mu- <br /> nicipal questions—but customarily focused on matters with a discernible financial impact on the Town— <br /> and a Capital Expenditures Committee with a more particularized mandate to consider and make recom- <br /> mendations on capital questions. <br /> Several years ago, in recognition of the growing demands on the CEC, its enabling bylaw was modified to <br /> increase its size from five to as many as seven members,the exact number to be determined by the Moder- <br /> ator. Last year, the bylaw was further amended to reflect more accurately the CEC's existing practice and <br /> to clarify that the CEC would have the same basic resources at its disposal as the Appropriation Committee <br /> to accomplish its mission, including the prerogatives: (1) to invite Town employees or other persons to <br /> attend its meetings; (2)to have access to Town records; and(3)to weigh in on broader financial questions, <br /> such as those which come up at periodic"budget summits"with the Board of Selectmen,School Committee <br /> and Appropriation Committee,when invited to do so. <br /> Requested Statutory Amendments <br /> The RTMA currently provides,in Section 3,that the following persons shall be designated as town meeting <br /> members at large: "any member of the general court of the commonwealth from the town, the moderator, <br /> the town clerk, the members of the boards of selectmen and public works, the town treasurer, the town <br /> counsel,the chairman of the school committee, and the chairman of the appropriation committee." <br /> The first proposed amendment would add the chairman of the CEC to the list of members at large. <br /> The STMA currently provides, in Section 2(c), that "The moderator shall appoint the appropriation com- <br /> mittee and such boards and committees and officers as he[sic]may now or hereafter be directed to appoint <br /> by any applicable law, by-law, or vote of the town." Pursuant to that statutory authority, the town bylaw <br /> governing the CEC provides, in Section 29-12(C), that the Moderator shall appoint the members of the <br /> CEC and fill any vacancy in that committee. <br /> The second proposed amendment would codify the Moderator's obligation under the STMA to appoint the <br /> members of the CEC, in the same way that appointments to the AC are governed under the STMA. <br /> Recommendation <br /> This Committee believes that the first requested amendment, designating the CEC chair as an additional <br /> town meeting member at large, is useful and appropriate given the enhanced responsibilities of the CEC, <br /> as it will allow a chair who has not been elected to Town Meeting to participate in a more meaningful way. <br /> 14 Chapter 753 of the Acts of 1968,titled"An Act Establishing the Selectmen-Town Manager Form of Government <br /> in the Town of Lexington."—http://ecode360.com/documents/LE1818/LE1818-A201.pdf <br /> `5 Section 29-12 of the Code of Lexington, as most recently amended,provides that the Moderator shall appoint the <br /> members of the CEC and fill any vacancy on that committee.The responsibilities of the Appropriation Committee are <br /> spelled out in Sections 29-7 through 29-11 of the Code of Lexington, and the responsibilities of the CEC are spelled <br /> out in Sections 29-12 through 29-14. —http://ecode360.com/10534906 <br /> 46 <br />