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HomeMy WebLinkAboutProposed Legislation to Establish the Selectmen-Town Manager Form of Government 1968-06-STG-rpt.pdf V PROPOSED TRGISLATTION TO ESTABLISH THE SELECTMEN-TOWN MANAGER FORM OF GOVERNMENT IN THE TOWN OF LEXINGTON JUNE 1968 Submitted by the Structure of Town Government Committee established by vote of 1966 Annual Town Meeting Margery M. Battin, Chairman Alan G Adams Arthur E. Bryson Harriet V Relman Stephen T Russian KEY TO CHANGES FROM MARCH 1968 TEXT OF TOWN MANAGER ACT REWORDED SECTIONS, no substantive changes, are marked by marginal brackets ADDITIONS to the March text are underlined DELETIONS from the March text are indicated by a carat A in the text on right hand page. Deleted words will be found on the left hand page SUBSTITUTIONS are underlined Explanations and/or previous wording will be found on the left hand page / Deletion "officials" Rewording--no substantive change PROPOSED LEGISLATION TO ESTABLISH THE SELECTMEN-TOWN MANAGER FORM OF GOVERNMENT IN THE TOWN OF LEXINGTON SECTION I Elected Officials Following the acceptance of this act, the registered voters of the Town of Lexington shall, in accordance with any applicable laws, by-laws and votes of the town, continue to elect the following A a town meeting members b moderator c board of selectmen d school committee e Lexington Housing Authority The acceptance of this act shall not interrupt the term of office of any such elected official or elected member of such board, committee or authority Every other elective office, board, com- mittee or commission of the town shall be terminated or shall become appointive as hereinafter provided, any other provision of law to the contrary notwithstanding The term of office of any person elected to any office, board, committee or commission of the town, existing at the time of such acceptance and terminated hereunder, shall continue until the first annual town election following the acceptance of this act, and thereafter, the said offices, boards, committees and commissions shall be abolished, and all powers, duties and obligations conferred or imposed thereon by law, except as provided by this act, shall be con- ferred and imposed upon the selectmen or the town manager to the extent hereinafter provided The term of office of any person elected to any office, board, committee or commission, existing as an elected office at the time of the acceptance of this act and having become appointive hereunder, shall continue until the term for which that person was elected shall have expired, and until the appointment and qualification of his successor When a vacancy or vacancies occur in the membership of the school committee or the board of selectmen, the board of selectmen or the remaining members of the board of selectmen shall call a special Substitution for "three months" Rewording--no substantive change Moved from subsection (d) /\ Deletion "and may remove any person so appointed for cause" now covered in subsection (f) /1 Deletion "and may remove for cause" now covered in subsection (f) Moved from subsection ( e) town election to fill the vacancy or vacancies for the unexpired term or terms, except that if such vacancy or vacancies occur less than 100 days prior to the annual election 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 The powers, duties and responsibilities of elected officials shall be as now or hereafter provided by applicable provisions of general laws, special acts, by-laws and votes of the town, except as otherwise expressly provided herein Notwithstanding the election by the voters of the town of the officers named in this section, such officers 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. b The selectmen shallappoint a board of appeals, a town comptroller, a town counsel, the trustees of public trusts, the town celebrations committee, the Historic Districts Commission in accordance with the Acts of 1956, Chapter 447, and any amendments thereto, the fence viewers, election officers, registrars of voters other than the town clerk and such other offices, boards and com- mittees as they shall hereafter be directed to appoint by by-law or vote of the town A c The moderator shall appoint the appropriation committee and such boards, committees and officers as he may now or hereafter be directed to appoint by any applicable law, by-law or vote of the town d The town manager shall appoint, A subject to the approval of the board of selectmen 1 a board of health 2 a planning board 3 a conservation commission -2- A Deletion "remove for cause" now covered in subsection (f) Substitution for "director" correct title of present position Rewording to clarify original intent All removals for cause are covered in this subsection--no sub- stantive change e The town manager shall appointA a town clerk, a town treasurer, a tax collector, a permanent building committee, a recreation committee, a board of assessors, constables, a chief of police, a chief fire engineer, a director of civil defense, a plan- ning director, a superintendent of public works, a building tin t,t spector, a cemetery superintendent and, except as provided i}�r( b) cC) e and (cs) above, all other officers, boards, committees, commissions and employees of the town with the exception of the elected officials specified in Section 1 and secretarial assistants to the Selectmen, employees of the school department and the housing authority and professional and semi-professional employees of the library _ f Any person so appointed under subsection (b) , ( d) and (e) hereof not subject to the provisions of Chapter 31 of the General Laws may be removed by the appointing authority for cause on five days notice in writing setting forth the cause of such removal pro- vided, however, that no removal shall be made of officers listed in subsection ( d) above except with the approval of the selectmen g The Retirement Board as constituted by Chapter 32 of the General Laws as amended and the membership of the board of library trustees shall not be affected by the acceptance of this act h Any vacancy occurring in any of the offices, boards, com- mittees or commissions referred to in this Section 2 shall be filled for the balance of the unexpired term or for a new term as the case may be by the original appointing authority SECTION 3 Memberships, Terms, Powers, Duties and Responsibilities The number of members of boards, committees and commissions ap- pointed as provided in the preceding section, the length of the term of each member thereof and of officials and employees so appointed, and the powers, duties and responsibilities of the same shall be as now or hereafter provided by any applicable law, by-law or vote of the town except as herein otherwise provided The board of fire commissioners shall be abolished, and its powers, duties and re- sponsibilities shall be assumed by and devolve upon the chief fire engineer except those which are herein conferred upon the town manager The board of cemetery commissioners shall likewise be abolished, and its powers, duties and responsibilities shall be -3- A Deletion "but in the performance thereof , they shall be subject to tie general supervision and direction of the town manager Rewording to clarify original intent A Deletion "Subject to any applicable provision of the General Laws" assumed by and devolve upon the cemetery superintendent except those which are herein conferred upon the town manager Upon appointment and qualification of the various officials as provided in Section 2, the term of office and all powers and duties of each person thereto- fore holding such office shall cease and be terminated except that the terms of office of such persons who continue shall not be inter- rupted and the powers and duties of the boards abolished herein shall be conferred and imposed upon the town manager to the extent herein- after provided Officers, boards, committees and commissions appointed by the town manager shall possess all the powers and rights and shall be subject to all the duties and liabilities specifically conferred or imposed by any applicable provision of law upon them or upon officers, boards , committees or commissioners having corresponding powers and duties A SECTION 4 Multiple Offices No member of the appropriation committee, other than the town comptroller, and no member of the capital expenditures committee shall be a town officer or a town employee, other than town meeting member, nor shall he serve on any other board, committee or commission of the tom or any sub-committee appointed by any other town official, board, committee or commission, except that he may serve on the joint school committee-teachers ' salary advisory committee or special committees which may be created from time to time by vote of the town meeting when such vote expressly authorizes him to so serve In case of vacancy, absence or disability affecting any office AA which he is authorized to fill by appointment, the town manager may A with the approval of the selectmen, but without additional compen- sation therefor, assume the powers, duties and responsibilities of such offices, such assumption to be evidenced by and effective upon the filing with the town clerk of a written declaration of such as- sumption signed by the town manager, except that lie shall not appoint himself as a member of any board, commission or committee -4- A Deletion "municipal" Substitution for "six" Substitution for "political beliefs" SECTION 5 Appointment of a Town Manager The selectmen shall appoint, as soon as practicable, for a term not to exceed three years, a town manager, who shall be a profession- ally qualified person of proven ability especially fitted by education, training, and by previous full-time paid experience in a responsible administrative position inn government to perform the duties of the office Upon expiration of such term, or upon the resignation or re- moval of the town manager or in the event of any vacancy in the office of town manager, the selectmen, as soon as practicable but, in any event, not later than nine months after the expiration of said term or effective date of resignation or removal or the occurrence of a vacancy, whichever is earlier, shall appoint a successor with the above specified qualifications The town manager shall be appointed without regard to his party or political designation He shall be a citizen of the United States of America No holder of elective office in the town with the exception of town meeting members shall, within three years of holding such office, be eligible for appointment as town manager The town manager shall not hold any elective office nor engage in any other business or occupation during his term. The town manager may be appointed for successive terms of office Before entering upon the duties of his office, he shall be sworn, in the presence of a majority of the selectmen, to the faithful and impartial performance thereof by the town clerk or a notary public He shall execute a bond in favor of the town for the faithful performance of his duties in such sum and with such sureties as may be fixed or ap- proved by the selectmen, the cost for which shall be borne by the town SECTION 6 Acting Manager The town manager may designate, subject to the approval of the selectmen, by letter filed with the town clerk, a suitable person to perform his duties during his temporary absence or disability If the town manager fails to make such appointment or the person so appointed fails to serve, the selectmen may appoint a suitable person to perform such duties In the event of any vacancy in the office of town manager or the suspension of the town manager the selectmen shall, within seven days, appoint an acting manager to perform such duties -5- A Delection "expressly" A Deletion "and direct" SECTION 7 Removal of the Manager 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 days before such proposed removal shall become effective, the selectmen shall file a preliminary resolution with the town clerk setting forth in detail the specific reasons for his proposed removal The town clerk shall forthwith deliver a copy of such resolution to the town manager or mail the same to him by registered mail at his last known address The manager may file with the selectmen, within seven days after receipt of such copy, a written request for a public hearing as to the reasons for his removal No public hearing need be held if four or more selectmen vote for his removal Otherwise, if the manager so requests, the board of selectmen shall hold a public hearing not earlier than ten days nor later than twenty days after the filing of such request After such public hearing, if any, otherwise at the expiration of thirty days following the filing of the prelimi- nary resolution, and after full consideration, the selectmen, by af- firmative vote of at least a majority of the full membership of the board, may adopt a final resolution of removal In the preliminary resolution the selectmen may suspend the manager from duty, but in any case his salary shall continue to be paid until the expiration of at least one month and not more than three months after the date of the final resolution of removal, as the selectmen shall deem proper SECTION 8 Compensation of the Manager The town manager shall receive such compensation for all services performed by him as the selectmen shall determine but it shall not ex- ceed the amount appropriated therefor by the town SECTION 9 Powers and Duties of the Manager In addition to other powers and dutiesA provided for in this act, the town manager shall have the following powers and duties a The town manager shall supervise A and be responsible for the efficient administration of all boards, committees, commissions and officers appointed by him and their respective departments The town manager shall not, however, exercise any control over the discretion- ary power vested by statute in any such board, committee, commission -6- A Deletion "and direct" Substitution for "in accordance with the provisions of this act and except as otherwise expressly prohibited by the General Laws" A Deletion "direction and" Substitution for "in so doing" Substitution for "possible in accordance with the vote of the town" or officer. He shall, in addition, supervise A and be responsible for the efficient administration of any agency of the town not subject to his appointment and control, but only at such time and to such extent and for such period as the officials having control of such agency or activity may, with the consent of the selectmen, determine b The town manager consistent with the provisions of this act and the General Laws, may, with the approval of the selectmen, re- organize, consolidate or abolish boards, departments, committees, commissions or offices under hisAsupervision, in whole or in part; . establish such new boards, departments, committees, commissions or offices as he deems necessary; and for such purpose . transfer the duties and powers, and, so far as is consistent with the use for which the funds were voted by the town, transfer the appropriation of one board, department, committee, commission or office to another c Subject to any applicable provisions of Chapter 31 or Section 108A of Chapter 41 of the General Laws, the town manager shall, with the approval of the selectmen, formulate personnel practices and standards and shall fix the compensation of all town officers and employees appointed by him, within the limits of the amounts ap- propriated therefor by the town d The town manager shall have jurisdiction over the rental and use of all town property, except schools and libraries He shall be responsible for the maintenance and repair of all town property, but not including school buildings and grounds; except that upon request of the school committee he shall be responsible for the maintenance and repair of property under its jurisdiction but only to such extent and for such period as the school committee shall from time to time specify He shall be responsible for the preparation of plans and the supervision of work on all construction, reconstruction, alterations, improvements and other undertakings authorized by the town unless otherwise assigned by the town meeting to the permanent building com- mittee Plans for the construction or improvement of school buildings or property shall be subject to the approval of the school committee e The town manager shall be responsible for purchasing all supplies, materials and equipment, and shall award all contracts for all departments and activities of the town under his supervision; and he shall make all purchases for departments and activities not under his supervision but not including food for schools, school books and -7- other instructional materials, supplies and equipment, library books and related printed and audio visual material unless otherwise specifically requested by the school committee or the library trustees and only to such extent and for such period as the school committee or the library trustees shall from time to time specify Purchases for departments and activities not under his supervision shall be made only upon and in accordance with a requisition duly signed by the head of any such department f The town manager shall be responsible for the implementation of town meeting votes and shall report annually in writing to the Town Meeting on the status of prior Town Meeting votes on which implementation is not complete g The town manager shall administer, either directly or through a person or persons appointed by him in accordance with this act, all provisions 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 Nothing in this act shall be construed to change in any respect the provisions in the General Laws relating to the exercise of the power to take by eminent domain, or to vest such power in the town manager h The town manager shall, with the approval of the selectmen, have the authority to prosecute, defend or compromise all litigation to which the town is party and to employ special counsel with the approval of the board of selectmen to assist the town counsel whenever in his judgment it may be necessary i The town manager shall keep the selectmen fully advised as to the needs of the town and shall recommend to the selectmen for a- doption such measures requiring action by them or by the town as he may deem necessary or expedient j The town manager shall keep the selectmen and the appropri- ation committee informed as to the financial condition of the town k The town manager shall have access to all town books and papers for information necessary for the proper performance of his duties, and may, without notice, cause the affairs of any department or activity under his control, or the conduct of any officer or employee thereof, to be examined. -8- A Deletion "The town manager shall be the chief fiscal officer of the totian Rewording -- the town manager is to investigate and then inform the selectmen 1 The town manager shall keep full and complete records of his office and shall render as often as may be required by the selectmen a full report of all operations during the period reported on m. The town manager shall be accessible and available for con- sultation to chairmen of boards, committees and commissions of the town, whether appointed or elected, and shall make accessible and available to them all such data and records of his office as may be requested in connection with their official duties n The town manager shall perform such other duties consistent with his office as may be required of him by the by-laws or vote of the town or by the vote of the selectmen SECTION 10 Approval of Warrants A Warrants for the payment of town funds prepared by the town comptroller, in accordance with the provisions of Section 56 of Chapter 41 of the General Laws, shall be submitted to the town manager The approval of any such warrant by the town manager, or in his x absence the acting town manager, shall be sufficient authority to authorize payment by the town treasurer, but the selectmen shall ap- prove all warrants in the event of the absence of the town manager or acting town manager, or a vacancy in the office of town manager SECTION 11 Investigation of Claims Whenever any payroll, bill or other claim against the town is presented to the town manager, he shall, if the same seems to him to be of doubtful validity, excessive in amount, or otherwise contrary to the interests of the town, immediately investigate the facts and report them to the selectmen who shall determine what, if any, payment should be made Pending such investigation and determin- ation by the selectmen, payment shall be withheld _ SECTION 12 Estimate of Capital Expenditures All boards, departments, committees, commissions and officers of the town shall annually, at the request of the town manager, submit to him and to the capital expenditures committee in writing by July 15 a detailed estimate of the capital expenditures as defined by by-law required for the efficient and proper conduct of their respective -9- S departments and offices for the next fiscal year and the ensuing four year period On or before September 15 of 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 recommended capital expenditures for the aforesaid periods, showing specifically the amount necessary to be provided for each office, department and activity and a statement of the amounts required to meet the interest and maturing bonds and notes or other indebtedness of the town The selectmen sha L consider the capital budget submitted by the town manager and make such recommendations relative thereto as they deem appropriate and proper in the interests of the town On or before the fifteenth day of October of each year the selectmen shall transmit a copy of the capital budget together with their recommenda- tions relative thereto to the appropriation committee and to the capital expenditures committee SECTION 13 Estimate of Annual Expenditures All boards, departments, committees, commissions and officers of the town except the school committee shall annually, at the request of the town manager, submit to him in writing a detailed estimate of the appropriations required for the efficient and proper conduct of their respective departments and offices during the next fiscal year The school committee shall submit to the manager, at his request, 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 member of the board of selectmen in writing an annual budget, which shall contain a careful, detailed estimate of the probable ex- penditures of the town for the ensuing fiscal year, including a statement of the amounts required to meet the interest and maturing bonds and notes or other indebtedness of the town, and showing specifically the amount necessary to be provided for each office, department and activity, together with a statement of the expendi- tures for the same purposes in the two preceding years and an esti- mate of expenditures for the current year He shall also submit a statement showing all revenues received by the town in the two pre- ceding years, together with an estimate of the receipts of the current year and an estimate of the amount of income from all sources of revenue exclusive of taxes upon property in the ensuing year -10- Rewording -- no substantive change He shall also report to the selectmen the probable amount required to be levied and raised by taxation to defray all of the proposed ex- penditures and liabilities of the town, together with an estimate of the tax rate necessary therefor The selectmen shall consider the proposed budget sbbmitted by the town manager and make such recommendations relative thereto as they deem expedient and proper in the interest of the town On or before the twentiety day of December of each year the selectmen shall transmit a copy of the budget together with their recommendations relative thereto to the appropriation committee and, for its infor- mation, a copy to the capital expenditures committee SECTION 14 Investigation by Selectmen The selectmen may, by majority vote, undertake an investigation of the affairs of any board, department, committee, commission Or official appointed by them or by the town manager, and in so doing they shall have access to all records and other documents which they may deem necessary For the purpose of making investigations or surveys, the selectmen, or the town manager, shall have access to all records and other documents which they may deem necessary, and may expend such sums for the employment of experts, counsel, and other assistants, and for other expenses in connection therewith, as the town may appropriate for such purpose SECTION 15 By-laws, Rules, etc All laws, by-laws, votes, rules and regulations, whether enacted by authority of the town or any other authority, which are in force in the Town of Lexington on the effective date of this act, or any portion of portions thereof, not inconsistent with the provisions of this act, shall continue in full force and effect until otherwise provided by other laws, by-laws, votes, rules and regulations, re- spectively All other laws, by-laws, votes, rules and regulations so far as they refer to the Town of Lexington, are hereby suspended but such suspension shall not revive any pre-existing enactment -11- A Deletion "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 hereinbefore provided. " SECTION 16 Contracts No contract existing and no action at law or suit in equity, or other proceeding pending at the time this act is accepted, or at the time of revocation of such acceptance, shall be affected by such ac- ceptance or revocation, except that upon revocation any contract made by the town with the town manager then in office shall be terminated immediately upon such vote The manager shall receive three months ' compensation from the date of such vote SECTION 17 Submission of Act and Time of Taking Effect This act shall be submitted for acceptance to the qualified voters of the town of Lexington at the first annual town election after passage of this act The vote shall be taken by ballot in ac- cordance with the provisions of the General Laws, so far as the same shall be applicable, in answer to the following question, which shall be placed upon the ballot to be used at said election "Shall an act passed by the General Court in the year nineteen hundred and sixty-eight, entitled 'An act establishing a selectmen-town manager form of government in the town of Lexington ' be accepted by the town?" In the event that this act shall not be passed by the General Court in the year nineteen hundred and sixty-eight but shall be passed in the year nineteen hundred and sixty-nine, said question shall be in the following form "Shall an act passed b;; the General Court in the year nineteen hundred and sixty-nine, entitled 'An act establishing a selectmen-town manager form of government in the town of Lexington' be accepted by the town?" If a majority of the voters voting on this question vote in the affirmative, said act shall take effect immediately for the purpose of the next annual town election, and for all things relating thereto, and shall take full effect beginning with said next annual election If this act is rejected when first submitted, it shall again be submitted at the next following annual town election, and if accepted shall take effect as hereinbefore provided A If this act is again rejected when so submitted for the second time, it shall thereupon become void -12- Substitution for "of acceptance of this act " n " Substitution for provided that SECTION 18 Amendments to this Act This act may be amended by charter amendment procedure under Section 10, Chapter 734, Acts of 1966 or any amendments thereto, or on petition to the General Court filed or approved by a town meeting of the town of Lexington SECTION 19 Revocation of Acceptance At any time after the expiration of three years from the date that this act becomes fully effective , and not less than ninety clays before the date of an annuai %We'ling, a petition signed by not less than ten percent of the registered voters of the town may be filed with the selectmen, requesting that the question of revoking the ac- ceptance of this act be submitted to the voters Notice thereof shall be published by the selectmen for at least two consecutive weeks in a newspaper having general circulation in tae Lown, the last publi- cation to be at least thirty days prior to said annual meeting The selectmen shall thereupon direct the town clerk to cause the said question to be printed on the official ballot to be used at the next annual election in the following form "Shall the acceptance by the town of Lexington of an act passed by the General Court in the year nineteen hundred and sixty-eight, entitled 'An act establishing a selectmen-town manager form of government in the town of Lexington ' be revoked'?" In the event that this act shall not be passed by the General Court in the year nineteen hundred and sixty-eight but shall be passed in the year nineteen hundred and sixty-nine , said question shall be in the following form "Shall an act passed by the General Court in the year nineteen hundred and sixty-nine, entitled, 'An act establishing a selectmen-town manager form of government in the town of Lexington ' be revoked?" If such revocation is favored by a ma- jority of the voters voting thereon, this act shall cease to be operative on and after the annual town meeting next following such vote, but all town officers holding office under this act shall con- tinue to hold office until their successors have been duly qualified. At the first annual town election following such vote of revocation the registered voters of the town shall elect by ballot all elective officers, boards, committees and commissions whose election to office was required immediately prior to the acceptance of this act, -13- tk Deletion "continue to" A Deletion "in so far as they are still in force" Rewording -- no substantive change Substitution for "more often than once in every three years thereafter provided, however, that the town does not vote to accept other plans which provide for a different arrangement from that existing im- mediately prior to the acceptance of this act It shall be the duty of the selectmen and the town clerk in office and any other town official upon whom by reason of his office a duty devolves when this act is revoked, to comply with all of the requirements of this section relating to elections, to the end that all things may be done neces- sary for the nomination and election of the officers required to be elected following the revocation of this act The election of members of boards, committees, and commissions shall be for staggered terms as determined by the selectmen so as to accomplish in the shortest possi- ble time a return to the normal rotation in office of the members of such boards, committees and commissions which prevailed immediately prior to the adoption of this act The board of selectmen shall be charged with all the powers and duties of the town manager which duties and responsibilities may be discharged by themselves or by a temporary town manager appointed by them until said election has been held All general laws respecting town administration and town officers and any by-laws, votes , rules and regulations and special laws relative to said town, the operation of which has been suspended or superseded by acceptance of this act, shall be revived by such revocation and shall thereafter A be in full force and effect A By-laws, votes, rules and regulations in force when revocation takes place which are inconsistent with such revocation shall be null and void If such revocation is not favored by a majority of the voters voting thereon, no further petition therefor shall be filed under this section at intervals of less than three years SECTION 20 Severability The provisions of this act are severable, and if any of its pro- visions shall be held invalid, such invalidity shall not affect or impair any of the remaining provisions -14- e •