HomeMy WebLinkAboutProposed Legislation to Establish the Selectmen-Town Manager Form of Government 1968-06-STG-rpt-002.pdf 1
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PROPOSED LEGISLATION
To Establish The
Selectmen-Town Manager
Form of Government
in the
TOWN OF LEXINGTON
1968
HISTORICAL BACKGROUND
Lexington's government has received close and continuing scrutiny over
the years through the work of both official and unofficial groups. As a conse-
quence, Lexington was one of the first towns to consolidate its boards of
public works and welfare under the Selectmen (1922) It was one of the
earliest to have a standing finance committee (1922) and to adopt the rep-
resentative town meeting (1929) Its early work on, capital expenditures
budgeting and the establishment of the Capital Expenditures Committee
(1949) represented innovations in Massachusetts.
The last official studies during the latter 40's and early 50's led to Town
Meeting authorization of a committee to prepare and submit to the 1955
STRUCTURE OF TOWN GOVERNMENT COMMITTEE Annual Town Meeting legislation for establishing a Selectmen-Town Man-
ager Plan. Although this was defeated, the committee's final comment as to
The five member, Moderator appointed, Structure of Town Govern- the proposal's merit is noteworthy•
ment Committee was created by vote of the 1966 Annual Town Meeting For the accomplishment of its democratic purpose, the Charter
and charged not only with studying the structure of the Town's government concentrates all the powers of the municipality in its elected rep-
but also with preparing an official report on its findings and recommendations resentatives with full responsibility for determinations of policy In
and drafting the legislation necessary for their implementation, a copy of order to obtain administrative efficiency,the Charter concentrates the
such report to be mailed to all registered voters. actual administration in a single administrative officer who is ap-
pointed by and is at all times responsible to the Selectmen. Under
STEPS NECESSARY FOR ADOPTION OF SELECTMEN-TOWN this plan, there can be no avoidance of responsibility either by the
MANAGER FORM OF ADMINISTRATION FOR LEXINGTON people's representatives for determinations of policy, or by the ad-
1. The proposed legislation must be presented to the Town Meeting for ministrative appointee for the actual administration.
approval by Town Meeting Members. From 1963 to 1966 an unofficial committee of the Town Meeting Mem-
2. With the consent of the Town Meeting Members the proposed legislation tiers Association conducted a comprehensive analysis of the government's or
ganmust be presented to the Massachusetts legislature for enactment. suggested and operation. The results of its study, definition of problems and
suggested changes led to the creation of the present official Structure of Town
3. After enactment by the Massachusetts legislature, the townspeople must Government Committee.
vote on the question of acceptance of the legislative act by referendum on METHOD OF STUDY
the ballot.
The committee has, with town officials, employees and citizens, attempted
4. The act would go into effect a year after its acceptance by the referendum to reach a common understanding of present and potential problems in Lex-
vote of the townspeople. ington's government. We have reviewed and analyzed
I. reactions to the Town Meeting Members Association committee
report
2. municipal organization and procedures used throughout the country
1 3. guides for Charter Commissions (National Municipal League, State
of Connecticut)
4. the practices, principles and laws which govern Massachusetts munici-
palities and all the special acts relating to Lexington's government
5. studies of the relative merits and actual operation of Executive Sec-
retary and Town Manager administrations
6. reports of both official and lay government study committees in
neighboring towns
7 eleven Town Manager Acts
3
At the request of the state Special Commission on the Implementation reports, minutes and provide a central location for citizen questions
of Home Rule, we reviewed the technical and practical aspects of the proposed and complaints.
Charter Procedures Act. We have investigated in greater detail the strongest 2. Considering the talented and willing citizens that reside within the
Executive Secretary system in the state and conducted an in-depth study of five town, we believe that present citizen participation is neither as wide
spread, effective nor as relevant as it should be. Citizen participants
manager communities through interviews with managers and elected and are too often used for time-consuming and unnecessary administrative
appointed officials. Starting in early November we have been evaluating our concerns rather than in a policy-making, advisory or research capacity.
proposal's implications with town officials, employees and citizens through
informal discussions and a series of public meetings. 3. One of the most pervasive organizational difficulties we see is the
°i lack of liaison and coordination among existing boards and com-
CRITERIA mittees. Too much depends on the memory and experience of par
The committee believes that citizen participation continues to be a de- titular individuals and voluntary, and often temporary, cooperation
sirable and valued part of our town government. A representative town among certain groups. As a Brookline study committee ruefully
meeting appears to be the best way to serve this basic purpose both now and pointed out "cooperation and coordination are not synonymous."
when the town reaches its ultimate population of 45,000; consequently, we Many responsibilities are not dearly defined either legally or by
have voted not to recommend conversion to city government. Other criteria j custom 'policy is often not formulated and certainly not co-
which have guided our assessment of problems and the adequacy of proposed ordinated (a concern we share with all of Lexington's government
solutions have been administrative operating efficiency, policy coordination,( study committees since 1921) A prime example is the lack of overall
responsiveness of the government to the electorate and an adequate system 4 policy for land acquisition and development. No mechanism now
of checks and balances. exists for ensuring the coordination of physical planning with eco-
We hope to ensure that the government remains responsive, accountable, nomic and social planning.®
easily accessible and clearly visible to the voter. While many citizens like the "checks and balances" of independ-
ently elected policy-making boards, we question whether such prolif-
BASIC CONCLUSIONS G eration really serves the town well and whether responsibility for
The committee has been impressed by the sheer magnitude of the gov- specific jobs is difficult to assign in the voter's mind. The trend at all 1
ernment operations—both the weight of business and the size of expenditures levels of government today is toward centralizing responsibility and 1
—which is carried out with no top echelon professional management. The R authority in fewer officials whose work can be seen clearly and who I
problems delineated below exist because of inherent weaknesses in the present can be removed or retained at election time, while more citizens in 11
structure and are no indictment of competent, dedicated citizen participants supportive appointive positions will be available to contribute to the
and employees. overall good of the town. i
I. We believe that tighter administrative control and centralization are 4• Plans are implemented slowly or not at all because the responsibility
needed for increased efficiency and economy as well as to free citizen for implementation is not dearly assigned and there is no require-
participants for more important and broader concerns. There has ment for reporting on the status of implementation.
been almost universal agreement among those consulted that adminis- 5. We believe that the Town Meeting needs more continuous informa-
trative decentralization is one of the most serious problems facing us =tion, analysis of issues and advice to discharge its responsibilities
and can only increase as the town grows larger, services expand and properly.
government operations become more complex. We recognize the im- RECOMMENDATION
portant steps recently taken, e.g., the addition of a Comptroller, as- .i
signment of additional duties to the Selectmen s Executive Assistant, The committee recommends a Selectmen-Town Manager Plan for Lex-
and salary and staff increases voted March 1967 However, there 1 ington. This is considered a form of administration and not a form of govern-
appears to be general agreement that more must be done. For a- ment; the basic structure of town government is preserved. Under this plan
ample, we need coordinated planning for use of equipment; centrali- the Town Meeting retains all of its powers and the advisory role of the
zation of services such as duplicating, addressing and mailing; cen- Appropriation Committee remains unchanged.
tralized purchasing,maintenance and personnel management.We need /Administrative authority is centralized in the hands of a professional
to eliminate the election of autonomous administrative positions, manager releasing the Selectmen to concentrate on broad issues of public policy,
strengthen legal and inspection services, develop a more integrated( ) the solution of major town problems, the establishment of priorities and the
financial operation, establish a central repository for data, studies, setting of goals./Freeing the Selectmen from administrative detail and cen-
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I
tralizing policy-making agencies under them would allow them to effect 1
SPECIFIC PROVISIONS OF PROPOSED PLAN FOR
coordination among all aspects of planning• physical, social, economic, met-
LEXINGTON
ropolitan and regional. They would be able to consider broader planning This plan has been tailored by the Structure of Town Government Com-
issues and to develop more completely integrated policies and programs. It mittee to fit Lexington's specific needs. After the plan goes into effect, it
has been stated that the primary strength of the manager plan is the unifica- can be amended by a 2/3 vote of Town Meeting and approval by the voters.
tion of powers in the Town Meeting and the Selectmen rather than in Any time three years after its acceptance it can be revoked if the voters so
their piecemeal distribution among several boards, committees, commissions desire, revocation to go into effect a year after it is voted.
and departments. With the exception of those in positions which would be abolished, offi-
Minimizing the number of elected officials increases their visibility and cials presently serving in government would continue in office until the ex-
ends the confusion in the minds of the voters as to the lines of authority and piration of the term to which they are currently elected or appointed.
responsibility The manager plan provides the needed coordination and control The Selectmen would appoint all quasi-judicial officers and those who
over previously numerous independent officers and departments. Experience have no administrative or operating responsibility The manager, with the
elsewhere has shown that the substitution of appointment for election has approval of the Selectmen, would fill those positions which combine policy-
often resulted in service by highly qualified citizens who would not otherwise making and administrative responsibilities. Since physical planning is both
have been involved due to a reluctance to run for office or the lack of en- an integral part of management and an important component of overall
couragement to do so. _ _ planning and policy-making, appointments to the Planning Board and the
There has been a decided increase in citizen participation in manager ( I Conservation Commission fall into this category The manager, with Select-
communities. Citizens are more willing to serve on appointed boards and
bility to each section of government including areas outside the jurisdiction
men approval, would also fill those positions which have an overall responsi-
committees when they know they will be given adequate staff assistance, their
work will be recognized and their plans will be implemented. of the manager, i.e., Town Comptroller and Town Counsel. The manager
alone would appoint administrative heads of operating departments. The
Town Meeting would be strengthened in its decision-making function by length of term, powers, duties and responsibilities of appointed officials and
the information provided by the manager and, with a better administrative il employees would continue as now or hereafter provided by any state law,
organization, the policies determined upon would be more quickly and effec town by-law or Town Meeting vote.
tively implemented. The Selectmen would have a greater opportunity for The manager would become the chief fiscal officer of the town with the
consideration of broad policy matters using information and studies prepared responsibility for the preparation of budgets to be submitted to the Selectmen
for them by the manager, other boards, committees and commissions. Pro- and with their recommendations to the Appropriation Committee and Capital
fessional managers are interested in encouraging active citizen interest through Expenditures Committee. He would be responsible for the efficient adminis-
careful and thorough reporting to the townspeople. tration of all boards, departments, commissions, committees and offices ap-
pointed by him. He would be able, with the approval of the Selectmen and
Manager towns have found that the rights of employees have been en- in accordance with the General Laws, to reorganize, consolidate or abolish I
sured and strengthened. Town employees have tended to become strong boards, departments, commissions, committees or offices under his direction
supporters of the plan. and establish such new ones as he deems necessary He would formulate per
The manager plan centralizes the administration under a full-time pro- sonnei practices and standards and fix the compensation of all town officers
fessional administrator whose powers and duties are clearly spelled out. He and employees appointed by him. The Manager would have jurisdiction over
would be appointed by and is responsible at all times to the elected Selectmen. the rental and use of all town property except schools and libraries. He would
The average citizen would now have a central focal point to turn to for be responsible for the maintenance and repair of all town property except
assistance and information. An important objective of the plan is to ensure schools. Purchasing would be centralized under him with the exclusions noted
that the town receives the best possible service at a reasonable cost. A profes- in Section 9, subsection (e) He would be responsible for the implementation
sionally trained manager installs a number of modern management procedures of Town Meeting votes. He would oversee the enforcement of all laws, 1
and controls in order to ensure that the town is administered at a high level by-laws, rules and regulations. With the approval of the Selectmen, he would I
of efficiency He is in a position to effect coordination among departments, have authority to prosecute, defend or compromise all litigation to which the
more efficient use of town machinery and equipment, more economical main- town is a party. He would keep the Selectmen informed concerning the opera-
tenance, purchasing and clerical operations, elimination of work duplication ( tions of all aspects of the town's government. His power to examine the
and overhead, and more effective use of personnel. affairs of any department or activity under his control or the conduct of any
officer or employee would be equal to the Selectmen's.
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In order to provide an impartial check and balance to a highly centralizedIA
executive, the Appropriation Committee would be appointed by the Mod- as v,
draberator alone in order to ensure that it remains solely responsible to Town +l N
Meeting and the voters. Appropriation Committee and Capital Expenditures 1
Hilli1
Committee members would be precluded from serving in any other capacity S ffi
in government other than Town Meeting Member in order to avoid the pos- al1
H
sible conflict involved if they are simultaneously in the position of officially
developing proposals for expenditures and officially offering advice to the Town AlI d , H
Meeting and the voters on the merits of the proposed expenditures. ?
Your committee sincerely believes the manager plan is the best a WOO
means of meeting the present and future needs of Lexington and S
recommends that in fairness to the townspeople the Town MeetingI W' S I ^
Members approve the submission of the proposed legislation to the i ® N
Massachusetts legislature so that each citizen of Lexington may later
have the opportunity to vote on the issue as he or she wishes. 11 /\ A i
Respectfully submitted, ' a
Margery M. Battin, Chairman( i
Alan G. Adams x
Egl
Arthur E. Bryson �� NR 0111
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Harriet V Reiman a, ^. 410in
Stephen T Russian 1 11 — N a BAR R
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PROPOSED LEGISLATION TO ESTABLISH
t A THE SELECTMEN—TOWN MANAGER FORM OF
--- _ GOVERNMENT IN THE TOWN OF LEXINGTON
�/ 'a . L. SECTION z. Elected Officials
— �., Following the acceptance of this act, the registered voters of the Town
�� e of Lexington shall, in accordance with any applicable laws, by-laws and votes
of the town continue to elect the following officials.
(a) town meeting members
—it
1S1 11
(b) moderator
8 ;
/\ (c) board of selectmen
x (d) school committee
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/\ — (e) Lexington Housing Authority
_ _ \/ The acceptance of this act shall not interrupt the term of office of any such
11 m /\ elected official or elected member of such board, committee or authority Every
other elective office, board, committee or commission shall be terminated as
0 ( hereinafter provided, any other provision of law to the contrary notwith-
m \/ standing. The term of office of any person elected to any office, board, cm
mittee or commission, existing at the time of such acceptance and terminated
J /� hereunder, shall continue until the first annual town election following the
—4, acceptance of this act and until the appointment and qualification of his suc
cessor, if any and thereafter, the said offices, boards, committees and commis-
'''---
ommis-
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_ 'NV'''. sions shall be abolished, and all powers duties and obligations conferred or
imposed thereon by law, except as provided by this act, shall be conferred and
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Pi • imposed upon the selectmen and the town manager to the extent hereinafter
a,al M 4 - provided. The term of office f ny person elected to any office, board, com-
a mittee or commission, existingas an elective office at the time of acceptance
- / \ of this act and having become appointive hereunder, shall continue until the
si
11A
- term for which that person was elected shall have expired, and until the
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& appointment and qualification of his successor.
11 •
1/4_........ \� 6. When a vacancy or vacancies occur in the membership of the school
2 - 1111 it committee or the board of selectmen, the board of selectmen or the remaining
members of the board of selectmen shall call a special town election to fill
al the vacancyor vacancies for the unexpired term or terms, except that if such
114 ... vacancy or vacancies occur less than three months prior to the annual election
11 i 1M
and not less than three members of such committee or board remain in office,
the vacancy or vacancies shall remain unfilled until such annual election.
El
x3Dvxvtz The powers, duties and responsibilities of elected officials shall be as now
or hereafter provided by applicable laws and by-laws and votes of the town,
except as otherwise expressly provided herein.
Notwithstanding the election of the officers named in this section by
voters of the town, they shall be available to the manager for consultation,
conference and discussion on matters relating to their respective offices.
SECTION 2. Appointed Officials
(a) The selectmen shall appoint and may remove a town manager as
hereinafter provided.
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(b) The selectmen shall appoint a board of appeals, the trustees of
pp � p � cemetery director except those which are herein conferred upon the town
public trusts, the town celebrations committee, the Historic Districts Commis- manager. Upon appointment and qualification of the various officials as pro-
sion in accordance with the Acts of 1956, Chapter 447, and any amendments vided in Section 2, the term of office and all powers and duties of each person
thereto, the fence viewers, election officers, registrars of voters other than the theretofore holding such office shall cease and be terminated except that the
town clerk and such other offices,boards and committees as they shall hereafter terms of office of such persons who continue shall not be interrupted and the
be directed to appoint by by-law or vote of the town, and may remove any powers and duties of the boards abolished herein shall be conferred and im-
person so appointed for cause. posed upon the town manager to the extent hereinafter provided.
(c) The moderator shall appoint the appropriation committee and such Officers, boards, committees and commissions appointed by the town man-
boards, committees and officers as he may now or hereafter be directed to ager shall possess all the powers and rights and shall be subject to all the
appoint by any applicable law, bylaw or vote of the town, duties and liabilities specifically conferred or imposed by any applicable pro-
(d) The town manager shall appoint, subject to the approval of the vision of law upon them or upon officers, boards, committees or commissioners
board of selectmen, and may remove for cause subject to the approval of the having corresponding powers and duties, but in the performance thereof, they
board of selectmen shall be subject to the general supervision and direction of the town manager.
(1) a town counsel SECTION 4. Multiple Offices
(2) a town comptroller No member of the appropriation committee or capital expenditures com-
(3) a planning board / mittee may be elected or appointed to any other town office or position other
(4) a conservation commission l ( than town meeting member• nor may members of said committees serve on any
(e) The town manager shall appoint and may, subject to the provisions town ad hoc committee except the joint school committee-teachers' salary ad-
of Chapter 31 of the General Laws where applicable, remove for cause a visory committee.
town clerk, town treasurer, tax collector, board of health, permanent building Subject to any applicable provision of the General Laws and with the
committee, recreation committee, board of assessors, constables, chief of police, approval of the selectmen, the town manager may but without additional
a chief fire engineer, director of civil defense, a planning director, superin- compensation therefor, assume the powers, duties and responsibilities of any
tendent of public works, a building inspector, a cemetery director, office and all which he is authorized to fill by appointment, such assumption to be
other officers, boards, committees, commissions and employees of the town evidenced by and effective upon the filing with the town clerk of a written
with the exception of the elected officials specified in Section 1 and employees declaration of such assumption signed by the town manager, except he shall
of such elected officials and with the exception of professional and semi-profes- not appoint himself as a member of any board, commission or committee.
sional employees of the library. The membership of the board of library SECTION 5. Appointment of a Town Manager
trustees shall not be affected by this act. The selectmen shall appoint, as soon as practicable, for a term not to ex-
(f) Any person so appointed under subsections (b), (d) and (e) hereof ceed three years, a town manager, who shall he a professionally qualified
not subject to the provisions of said Chapter 31 shall not be removed except person of proven ability especially fitted by education, training, and by pre-
on five days' notice in writing, setting forth the cause of such removal. vious full-time paid experience in a responsible administrative position in
(g) The Retirement Board as constituted by Chapter 32 of the General municipal government to perform the duties of the office. Upon expiration of
Laws as amended shall not be affected by the acceptance of this act. such term, or upon the resignation or removal of the town manager, the
selectmen shall appoint his successor as soon as practicable but, in any event,
SECTION 3. Memberships, Terms,Powers, Duties and Responsibilities not later than six months after the expiration of said term or date of resignation
The officials and members of boards, committees and commissions, and or removal. The town manager shall be appointed without regard to his
employees so appointed as provided in the preceding section, the length of "lr political beliefs. He shall be a citizen of the United States of America. No
the term of each appointee and official so appointed, and the powers, duties ? holder of elective office in the town with the exception of town meeting
and responsibilities of the same shall be as now or hereafter provided by any members shall, within three years of holding such office, be eligible for ap-
applicable law, by-law or vote of the town except as herein otherwise pro- pointment as town manager. The town manager shall not hold any elective
vided. The board of fire commissioners shall be abolished, and its powers, office during his term. The town manager may be appointed for successive
duties and responsibilities shall be assumed by and devolve upon the chief , terms of office. Before entering upon the duties of his office, he shall be sworn,
fire engineer except those which are herein conferred upon the town manager. in the presence of a majority of the selectmen, to the faithful and impartial per-
The board of cemetery commissioners shall likewise be abolished, and its ( formance thereof by the town clerk or a notary public. He shall execute a
powers, duties and responsibilities shall be assumed by and devolve upon the bond in favor of the town for the faithful performance of his duties in such
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sum and with such sureties as may be fixed or approved by the selectmen, tion of any agency of the town not subject to his appointment and control, but
the cost for which shall be borne by the town. only at such time and to such extent and for such period as the officials having
SECTION 6. Acting Manager control of such agency or activity may, with the consent of the selectmen,
The town manager may designate, subject to the approval of the select- determine.
men, by letter filed with the town clerk, a suitable person to perform his (b.) The town manager, in accordance with the provisions of this act and
duties during his temporary absence or disability If the town manager fails ii except as otherwise expressly prohibited by the General Laws, may, with the
to make such appointment or the person so appointed fails to serve, the approval of the selectmen, reorganize, consolidate or abolish boards, depart-
selectmen may appoint a suitable person to perform such duties. In the event mems, committees, commissions or offices under his direction and supervision,
of any vacancy in the office of town manager or the suspension of the town in whole or in part; may establish such new boards, departments, committees,
manager the selectmen shall, within seven days, appoint an acting manager to ; commissions or offices as he deems necessary; and, in so doing,may transfer the
perform such duties. duties and powers, and, so far as possible in accordance with the vote of the
town, the appropriation of one board, department, committee, commission or
SECTION 7 Removal of the Manager office to another.
The selectmen may remove the town manager by the affirmative vote
of at least a majority of the full membership of the board. At least thirty (c.) The town manager shall formulate personnel practices and standards
days before such proposed removal shall become effective, the selectmen shall and shall fix the compensation of all town officers and employees appointed
file a preliminary resolution with the town clerk setting forth in detail th % /— by him, subject to any applicable provisions of Chapter 31 or Section xo8A
specific reasons for his proposed removal, The town clerk shall forthwith .if Chapter 41 of the General Laws.
deliver a copy of such resolution to the town manager or mail the same to (d.) The town manager shall have jurisdiction over the rental and use of
him by registered mail at his last known address. The manager may file with all town property, except schools and Iibraries. He shall be responsible for
the selectmen, within seven days after receipt of such copy, a written request the maintenance and repair of all town property, but not including school
for a public hearing as to the reasons for his removal. No public hearing need buildings and grounds; except that upon request of the school committee he
be held if four or more selectmen vote for his removal. Otherwise, if the shall be responsible for the maintenance and repair of property under its
manager so requests, the board of selectmen shall hold a public hearing not jurisdiction but only to such extent and for such period as the school com-
earlier than ten days nor later than twenty days after the filing of such re- mittee shall from time to time specify. He shall be responsible for the prep-
quest. After such public hearing, if any, otherwise at the expiration of thirty aration of plans and the supervision of work on all construction, reconstruction,
days following the filing of the preliminary resolution, and after full considera- alterations, improvements and other undertakings authorized by the town
tion, the selectmen, by affirmative vote of at least a majority of the full unless otherwise assigned to the permanent building committee. Plans for the
membership of the board, may adopt a final resolution of removal. In the construction or improvement of school buildings or property shall be subject
preliminary resolution the selectmen may suspend the manager from duty, to the approval of the school committee.
but in any case his salary shall continue to be paid until the expiration of at (e.) The town manager shall be responsible for purchasing all supplies,
least one month and not more than three months after the date of the final materials and equipment, and shall award all contracts for all departments
resolution of removal, as the selectmen shall deem proper and activities of the town under his supervision, and he shall make all pur
SECTION 8. Compensation of the Manager chases for departments and activities not under his supervision but not includ-
The town manager shall receive such compensation for all services per-
ing food for schools, school hooks and other instructional materials, library
formed by him as the selectmen shall determine but it shall not exceed the
boob and related printed and audio visual material unless otherwise specifically
.SIN. requested by the school committee or the library trustees and only to such
amount appropriated therefor by the town. extent and for such
period as the school committee or die library trustees
SECTION g. Powers and Duties of the Manager I shall from time to time specify Purchases'for departments and activities not I
In addition to other powers and duties expressly provided for in this act, under his supervision shall be made only upon and in accordance with a
the town manager shall have the following powers and duties requisition duly signed by the head of any such department.
(f.) The town managerp
(a.) The town manager shall supervise and direct and shall be respon- shall be responsible for the implementation of
sible for the efficient administration of all boards, committees, commissions and
town meeting votes and shall report annually in writing to the "Town 111eet-
officers appointed by him and their respective departments. He shall, in ad= 1 I ng on the status of prior Town Meeting votes on which implementation is
dition,supervise and direct and shall be responsible for the efficient administra- ; not complete.
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(g.) The town manager shall administer, either directly or through a per- and determine what, if any, payment should be made. Pending such in-
son or persons appointed by him in accordance with this act, all provisions vestigation and determination by the selectmen, payment shall be withheld.
of general and special laws applicable to said town and by-laws and votes of
the town and all rules and regulations made by the selectmen. :SECTION I 2. Estimate of Capital Expenditures
(h.) The town manager shall, with the approval of the selectmen, have All boards, departments, committees, commissions and officers of the
the authority to prosecute, defend or compromise all litigation to which the town shall annually at the request of the town manager, submit to him and
to the capital expenditures committee in writing by July r5 a detailed estimate
town is party and to employ special counsel with the approval of the board of
of the capital expenditures as defined by by-law required for the
selectmen to assist the town counsel whenever in his judgment it may be efficient
necessary. and proper conduct of their respective departments and offices for the next
(i.) The town manager shall keep the selectmen fully advised as to the fiscal year and the ensuing four year period. On or before September 15 of
needs of the town and shall recommend to the selectmen for adoption such each year the town manager shall submit in writing to the board of selectmen
and to the capital expenditures committee a careful, detailed estimate of the
measures requiring action by them or by the town as he may deem necessary
recommended capital expenditures for the aforesaid periods, showing specifi-
or expedient. cally the amount necessary to be provided for each office, department and
(j.) The town manager shall keep the selectmen and the appropriation activity and a statement of the amounts required to meet the interest and
committee informed as to the financial condition of the town. maturing bonds and notes or other indebtedness of the town. The selectmen
(k.) The town manager shall have access to all town books and papery shall consider the capital budget submitted by the town manager and make
for information necessary for the proper performance of his duties, and may, ' such recommendations relative thereto as they deem appropriate and proper
without notice, cause the affairs of any department or activity under his con- in the interests of the town. On or before the fifteenth day of October of
trol, or the conduct of any officer or employee thereof, to be examined. each year the selectmen shall transmit a copy of the capital budget together
(L) The town manager shall keep full and complete records of his office with their recommendations relative thereto to the appropriation committee
and shall render as often as may be required by the selectmen a full report and to the capital expenditures committee.
of all operations during the period reported on.
(m.) The town manager shall be accessible and available for consultation SECTION 13. Estimate of Annual Expenditures
to chairmen of boards and committees of the town, whether appointed or All boards, departments, committees, commissions and officers of the
elected, and shall make accessible and available to them all such data and town except the school committee shall annually, at the request of the town
records of his office as may be requested in connection with their official duties. manager, submit to him in writing a detailed estimate of the appropriations
(n.) The town manager shall perform such other duties consistent with required for the efficient and proper conduct of their respective departments
his office as may be required of him by the by-laws or vote of the town or and offices during the next fiscal year. The school committee shall submit
by the vote of the selectmen. to the manager a total budget estimate for the next fiscal year. On or before
the first day of December of each year, the town manager shall submit to each
SECTION to. Approval of Warrants member of the board of selectmen in writing an annual budget, which shall
The town manager shall be the chief fiscal officer of the town. Warrants contain a careful, detailed estimate of the probable expenditures of the town
for the payment of town funds prepared by the town comptroller, in accord- for the ensuing fiscal year, including a statement of the amounts required to
ance with the provisions of Section 56 of Chapter 41 of the General Laws, meet the interest and maturing bonds and notes or other indebtedness of the
shall be submitted to the town manager. The approval of any such warrant bytown, and showing specifically the amount necessary to be provided for each
the town manager,or in his absence the acting town manager,shall be sufficient office, department and activity, together with a statement of the expenditures
authority to authorize payment by the town treasurer, but the selectmen ')' for the same purposes in the two preceding years and an estimate of expendi-
shall approve all warrants in the event of the absence of the town manager ,ii tures for the current year. He shall also submit a statement showing all
or acting town manager, or a vacancy in the office of town manager. L revenues received by the town in the two preceding years, together with an
estimate of the receipts of the current year and an estimate of the amount of
SECTION ri. Investigation of Claims income from all sources of revenue exclusive of taxes upon property in the
Whenever any payroll, bill or other claim against the town is presented ensuing year. He shall also report to the selectmen the probable amount re-
to the town manager he shall, if the same seems to him to be of doubtful quired to be levied and raised by taxation to defray all of the proposed
validity, excessive in amount, or otherwise contrary to the interests of tht ' 6 expenditures and liabilities of the town, together with an estimate of the tax
town, refer it to the selectmen, who shall immediately investigate the facts rate necessary therefor.
16 in,
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The selectmen shall consider the proposed budget submitted by the town and for all things relating thereto, and shall take full effect beginning with
manager and make such recommendations relative thereto as they deem ex-
said election.
pedient and proper in the interest of the town. On or before the twentieth If this act is rejected when first submitted, it shall again be submitted at
day of December of each year the selectmen shall transmit a copy of the bud- the next following annual town election, and if accepted shall take effect as
get together with their recommendations relative thereto to the appropriation hereinbefore provided.
committee and to the capital expenditures committee. If this act is rejected for the second time, it shall be again submitted at
the next following annual town election, and if accepted shall take effect as
SECTION 14. Investigation by Selectmen hereinbefore provided. If this act is again rejected when,so submitted for the
The selectmen may, by majority vote, undertake an investigation of the third time, it shall thereupon become void.
affairs of any board, department, committee, commission or official appointed SECTION 18. Amendments to this Act
by them or by the town manager, and in so doing they shall have access to This act may be amended by charter amendment procedure under
all records and other documents which they may deem necessary. For the Section io Chapter 734, Acts of 1966 or any amendments thereto.
purpose of making investigations or surveys, the selectmen, or the town man-
ager, shall have access to all records and other documents which they may SECTION 19. Revocation of Acceptance
deem necessary, and may expend such sums for the employment of experts, At any time after the expiration of three years from the date of ac
counsel, and other assistants, and for other expenses in connection therewith, as ceptance of this act, and not less than ninety days before the date of an annual
the town may appropriate for such purpose. I meeting, a petition signed by not less than ten percent of the registered voters
if the town may be filed with the selectmen, requesting that the question of
SECTION 15. By-laws, Rules, etc. revoking the acceptance of this act be submitted to the voters. Notice thereof
All laws, by-laws, votes, rules and regulations in force in the town of shall be published by the selectmen for at least two consecutive weeks in a
Lexington on the effective date of this act, or any portion thereof, not in- newspaper having general circulation in the town, the last publication to be
consistent with its provisions, whether enacted by authority of the town or at least thirty days prior to said annual meeting. The selectmen shall there-
any other authority, shall continue in full force and effect until otherwise upon direct the town clerk to cause the said question to be printed on the
provided by law, by-law, or vote; all other laws, by-laws, votes, rules and official ballot to be used at the next annual election in the following form.
regulations, so far as they refer to the town of Lexington, are hereby re- i "Shall the acceptance by the town of Lexington of an act passed by the Gen-
pealed and annulled, but such repeal shall not revive any pre-existing enact- eral Court in the year nineteen hundred and sixty-eight, entitled 'An act
ment. establishing a selectmen-town manager form of government in the town of
SECTION r6. Contracts Lexington' be revoked?" If such revocation is favored by a majority of the
voters voting thereon, this act shall cease to be operative on and after the
No contract existing and no action at law or suit in equity, or other annual town meeting next following such vote, provided that all town offi-
proceeding pending at the-time this act is accepted, or at the time of revocation cers holding office under this act shall continue to hold office until their suc
of such acceptance, shall be affected by such acceptance or revocation, except cessors have been duly qualified. At the first annual town election following
that upon revocation any contract made by the town with the town manager such vote of revocation the registered voters of the town shall elect by ballot
then in office shall be terminated immediately upon such vote. The manager all elective officers, boards, committees and commissions whose election to
shall receive three months' compensation from the date of such vote, office was required immediately prior to the acceptance of this act, provided,
SECTION 17 Submission of Act and Time of Taking Effect however, that the town does not vote to accept other plans which provide for
This act shall be submitted for acceptance to the qualified voters of the a different arrangement from that existing immediately prior to the acceptance
town of Lexington at the first annual town election after passage of this act. '�' of this act. It shall be the duty of the selectmen and the town clerk in office
The vote shall be taken by ballot in accordance with the provisions of the and any other town official upon whom by reason of his office a duty devolves
General Laws, so far as the same shall be applicable, in answer to the follow- when this act is revoked, to comply with all of the requirements of this
ing question, which shall be placed upon the ballot to be used at said election section relating to elections, to the end that all things may be done necessary
"Shall an act passed by the General Court in the year nineteen hundred and for the nomination and election of the officers required to be elected following
sixty-eight, entitled 'An act establishing a selectmen-town manager form of the revocation of this act. The board of selectmen shall be charged with all
government in the town of Lexington be accepted by the town?" If a the powers and duties of the town manager which duties and responsibilities
majority of the voters voting on this question vote in the affirmative, said actc I lay be discharged by themselves or by a temporary town manager appointed
shall take effect immediately for the purpose of the next annual town election, by them.
18 19
I
All general laws respecting town administration and town officers and
any special laws relative to said town, the operation of which has been sus-
pended or superseded by acceptance of this act, shall be revived by such
revocation and shall continue to be in full force and effect insofar as they
are still in force. By-laws, votes, rules and regulations in force when such
revocation takes effect, so far as they are consistent with the general laws
respecting town administration and town officers and with special laws relat-
ing to said town shall not be affected thereby but any, other by-laws, votes,
rules and regulations inconsistent with such general or special laws shall be
annulled. If such revocation is not favored by a majority of the voters voting .i
thereon, no further petition therefor shall be filed under this section more
often than once in every three years thereafter.
SECTION 20. Severability
The provisions of this act are severable, and if any of its provisions
shall be held invalid, such invalidity shall not affect or impair any of the
remaining provisions.
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