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HomeMy WebLinkAboutSelectmen-Town Manager Act of theTown of Lexington 1968-STG-rpt-act.pdf 1 SELECTMEN-TOWN MANAGER ACT of the TOWN OF LEXINGTON Massachusetts JS MORNIN o0s r y ISI .. m I jr?" \, APRIL 19114 \�,xIN G'x 0i Chapter 753 of the Acts of 1968 As Amended by Chapter 284 of the Acts of 1976 and Chapter 120 of the Acts of 1985 n SELECTMEN-TOWN MANAGER ACT TABLE OF CONTENTS INTRODUCTION 3 BACKGROUND 4 Section 1 Elected Officials 6 (a) Town meeting members (b) Moderator (c) Board of selectmen (d) School committee (e) Lexington housing authority (0 Planning board Section 2. Appointed Officials. 7 Town manager Board of appeals Town comptroller Town counsel Trustees of public trusts Town celebrations committee Historic districts commission Fence viewers Election officers Registrars of voters Appropriation committee Board of health Conservation commission Recreation committee Permanent building committee Board of assessors Constables Section 3 Memberships, Terms, Powers, Duties and Responsibilities 8 Section 4 Multiple Offices 9 Section 5 Appointment of a Town Manager 9 Section 6. Acting Manager 10 Section 7 Removal of Manager 10 Section 8 Compensation of the Manager 10 Section 9 Powers and Duties of Manager 11 Section 10. Approval of Warrants 13 Section 11 Investigation of Claims 13 Section 12. Estimate of Capital Expenditures 13 Section 13. Estimate of Annual Expenditures 14 Section 14 Investigation by Selectmen. 14 Section 15 By-laws, Rules, etc. 15 Section 16. Contracts 15 Section 17 Submission of Act and Time of Taking Effect 15 Section 18. Amendments to This Act 16 Section 19 Revocation of Acceptance 16 4 INTRODUCTION Prior to 1969, the Town of Lexington operated under a Selectmen/Executive Secretary Plan. Residents elected, among others, a five member Board of Selectmen which appointed the preponderance of other boards and officials. By vote at the 1969 Annual Town Election, the Town accepted Chapter 753 of the Acts of 1968, which established the Selectmen-Town Manager form of government. In preparation for that vote, the Town's Structure of Government Committee prepared a pamphlet to educate voters. This pamphlet provided an explanation of why a change in the form of government was proposed; the full text of the plan; and an abridgement highlighting significant provisions and how they differed from the then-current procedures. In May 1982 the Selectmen appointed a seven member committee to review the Selectmen/Town Manager Act and recommend appropriate changes and/or revisions to be considered by the Selectmen and Town Meeting. The provisions of Chapter 120 of the Acts of 1985, which incorporated those amendments, are reflected in the text of the plan as it appears here. 1 3 BACKGROUND From 1963 to 1966 a committee of the Town Meeting Members Association conducted a comprehensive analysis of the Town's organization and operation. As a result of this study, the 1966 Annual Town Meeting voted to create a five-member, Moderator- appointed committee charged with studying the structure of the Town's government, preparing an official report on its findings and recommendations, and drafting any legislation that might be necessary to implement those recommendations. Subsequent action was taken by the 1968 Town Meeting, the Massachusetts Legislature and a 1969 Annual Town Election. The general conclusion of the study made by the Structure of Town Government Committee was that the growing magnitude of Town operations revealed certain weaknesses in the structure of Lexington government. These weaknesses are inherent in the structure of the Town government and in no way represent an indictment of competent, dedicated citizen participants and employees. 1 Administrative decentralization is one of the most serious problems facing us and can only increase as the Town grows larger, services expand, and government operations become more complex. For example, we need coordinated planning for use of equipment; centralization of services such as duplicating, addressing and mailing; centralized purchasing, maintenance, and personnel management. We need to eliminate the election of autonomous administrative positions, strengthen legal and inspection services, develop a more integrated financial operation, establish a central repository for data, studies, reports, minutes, and provide a central location for citizen questions and complaints. 2. Present citizen participation is neither as widespread, effective, nor as relevant as it should be. Citizen participants are too often used for time-consuming and unnecessary administrative concerns rather than in policy-making, advisory, or research capacity 3 There is a lack of liaison and coordination among existing boards and committees. Too much depends on the memory and experience of particular individuals and voluntary, often temporary, cooperation among certain groups. Many responsibilities are not clearly defined either legally or by custom; a prime example is the lack of over-all policy for land acquisition and development. No mechanism now exists for ensuring the coordination of physical planning with economic and social planning. 4 The Town Meeting needs more continuous information, analysis of issues, and advice to discharge its responsibilities properly At present, plans are 4 implemented slowly or not at all because the responsibility for implementation is not clearly assigned and there is no responsibility for reporting on progress. On the basis of these observations and conclusions, the Committee recommended a Selectmen-Town Manager Plan for Lexington. This particular plan was tailored by the Structure of Town Government Committee to meet what are believed to be the specific needs of Lexington. Under this plan, the Town Meeting retains all of its powers and the basic structure of town government is preserved. The administration of the Town, however, would be centralized under a full-time professional administrator whose powers and duties are clearly spelled out. He would be appointed by and at all times be responsible to the elected Selectmen. Freeing the Selectmen from administrative detail would allow them to concentrate on the broad issues of public policy and the solution of major town problems. The Appropriation and Capital Expenditures Committees retain their present independent advisory role and the Planning Board continues as an elected body The Selectmen would continue to appoint the Comptroller, all quasijudicial officers, and those who have no administrative or operating responsibility The manager, with the approval of the Selectmen, would fill those positions which combine policy-making and administrative responsibilities. The manager alone would appoint administrative heads of operating departments. The length of term, powers, duties and responsibilities of appointed officials and employees would continue as now or hereafter provided by any state law, town by-law, or Town Meeting vote. 5 CHAPTER 753 OF THE ACTS OF 1968 AN ACT ESTABLISHING THE SELECTMEN-TOWN MANAGER FORM OF GOVERNMENT IN THE TOWN OF LEXINGTON AND CHAPTER 284 OF THE ACTS OF 1976 AND CHAPTER 120 OF THE ACTS OF 1985 ACTS AMENDING Section 1. 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) town meeting members, (b) moderator, (c) board of selectmen, (d) school committee, (e) Lexington housing authority, and (f) planning board. The acceptance of this act shall not affect the term of office of any such elected official or elected member of such board, committee or authority Every other elective office, board, committee 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 conferred 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 town election to fill the vacancy or vacancies for the unexpired term or terms, except that if such vacancy or vacancies occur less than one hundred 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. 6 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 shall appoint 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 chapter four hundred and forty-seven of the acts of nineteen hundred and fifty-six, the fence viewers, election officers, registrars of voters other than the town clerk and such other offices, boards, and committees as they shall hereafter be directed to appoint by by-law or vote of the town. (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, subject to the approval of the board of selectmen: 1 a board of health, and 2. a conservation commission, and 3. a recreation committee. (e) The town manager shall appoint 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 fire chief, a director of civil defense, a planning director, with the approval of the planning board, a director of public works, a building commissioner, a cemetery superintendent and, except as provided in subparagraphs (a), (b), (c) and (d), all other officers, boards, committees, commissions and employees of the town with the exception of the elected officials specified in section one and secretarial assistants to the selectmen, employees of the school department and the housing authority and professional and semiprofessional employees of the library 4 7 (1) Any person so appointed under subparagraph (b), (d) and (e) who is not subject to the provisions of chapter thirty-one 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, provided, however, that no removal shall be made of officers listed in subparagraph (d), except with the approval of the selectmen. (g) The retirement board as constituted by chapter thirty-two of the General Laws, and the membership of the board of library trustees shall not be affected by the acceptance of this act. The powers and responsibilities of the Trustees of Public Trusts, as prescribed by chapter one hundred and seven of the acts of nineteen hundred and ten, shall not be changed by acceptance of this act. (h) Any vacancy occurring in any of the offices, boards, committees or commissions referred to in this section 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 appointed 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 responsibilities shall be assumed by and devolve upon the fire chief, 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 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 two, the term of office and all powers and duties of each person theretofore holding such office shall cease and be terminated, except that the terms of office of such persons who continue shall not be interrupted and the powers and duties of the board abolished herein shall be conferred and imposed upon the town manager to the extent hereinafter 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. 8 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 town or any subcommittee 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 which he is authorized to fill by appointment, the town manager may with the approval of the selectmen, but without additional compensation 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 assumption signed by the town manager, except that he shall not appoint himself as a member of any board, commission or committee. 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 professionally qualified person of proven ability who has had substantial involvement with municipal government and is appropriately fitted by education, training, and by previous full-time paid experience in a responsible administrative position to perform the duties of the office. Upon expiration of such term, or upon the resignation or removal,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 person holding 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 except for part-time consultative or teaching duties, directly related to the profession of municipal management and with the specific consent of the selectmen. 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 approved by the selectmen, the cost for which shall be borne by the town. 9 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. Section 7 Removal of the 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. 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 preliminary resolution, and after full consideration, the selectmen, by affirmative 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 services performed by him as the selectmen shall determine but it shall hot exceed the amount appropriated therefor by the town. 6 10 Section 9 Powers and Duties of the Manager In addition to other powers and duties provided for in this act, the town manager shall have the following powers and duties: (a) The town manager shall supervise 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 discretionary power vested by statute in any such board, committee, commission or officer He shall, in addition, supervise 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, reorganize, consolidate or abolish boards, departments, committees, commissions or offices under his supervision, 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 thirty-one or section one hundred and eight A of chapter forty-one 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 appropriated 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 committee. Plans for the construction or improvement of school buildings or property shall be subject to the approval of the school committee. 11 (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 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 adoption 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 appropriation 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. (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. 12 (m) The town manager shall be accessible and available for consultation 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 of by the vote of the selectmen. Section 10. Approval of Warrants. Warrants for the payment of town funds prepared by the town comptroller, in accordance with the provisions of section fifty-six of chapter forty-one of the General Laws, shall be submitted to the town manager The approval of any such warrant by the town manager, or in his absence the acting town manager, shall be sufficient authority to authorize payment by the town treasurer, but the selectmen shall approve 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 4 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 determination 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 a detailed estimate of the capital expenditures as defined by by-law required for the efficient and proper conduct of their respective departments and offices for the next fiscal year and the ensuing four year period. 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 shall 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. The selectmen shall transmit a copy of the capital 13 budget together with their recommendations relative thereto to the appropriation committee and to the capital expenditures committee. The calendar dates on or before which the budget, revenue statement and tax rate estimate are to be submitted and transmitted shall be specified by by-law 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 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 expenditures 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 expenditures for the same purposes in the two preceding years and an estimate of expenditures for the current year He shall also submit a statement showing all 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 income from all sources of revenue exclusive of taxes upon property in the ensuing year He shall also report to the selectmen the probable amount required to be levied and raised by taxation to defray all of the proposed expenditures and liabilities of the town, together with an estimate of the tax rate necessary therefor The selectmen shall consider the proposed budget submitted by the town manager and make such recommendations relative thereto as they deem expedient and proper in the interest of the town. The selectmen shall transmit a copy of the budget together with their recommendations relative thereto to the appropriation committee and, for its information, a copy to the capital expenditures committee. The calendar dates on or before which the budget, revenue statement and tax rate estimate are to be submitted and transmitted shall be specified by by-law 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, 14 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 or 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, respectively 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 preexisting enactment. 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 acceptance 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. 4f 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 annual town meeting to be held in the year nineteen hundred and sixty-nine in the form of the following question, which shall be placed upon the official ballot to be used for the election of town officers at said meeting: --"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'?" If a majority of the votes in answer to said question is in the affirmative, said act shall take effect immediately for the purpose of the next annual town meeting, and for all things relating thereto, and shall take full effect beginning with said next annual meeting. If this act is rejected when first submitted, it shall again be submitted at the annual town meeting in the year nineteen hundred and seventy, and if accepted shall take effect as hereinbefore provided. If this act is again rejected when so submitted for the second time, it shall thereupon become null and void. 15 Section 18. Amendments to This Act. This act may be amended by charter amendment procedure under section ten of chapter forty-three B of the General Laws or on petition to the general court 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 on which this act is accepted, and not less than ninety days before the date of an annual town meeting, a petition signed by not less than ten per cent of the registered voters of the town, may be filed with the selectmen, requesting that the question of revoking the acceptance of this act be submitted to the voters at the next annual town meeting. Notice thereof shall be published by the selectmen for at least two consecutive weeks in a newspaper having general circulation in the town, the last publication 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 said meeting 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?" If such revocation is favored by a majority of the voters voting thereon, the acceptance of this act shall be revoked and this act shall become null and void beginning with the annual town meeting next following such vote, provided all town officers holding office under this act shall continue 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; provided, however, that the town does not vote to accept other plans which provide for a different arrangement from that existing immediately 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 necessary 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 possible 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. 1 16 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 be in full force and effect. 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. (Ch. 753 of 1968 Approved July 24, 1968; Ch. 284 of 1976 Approved August 13, 1976; Ch. 120 of 1985 Approved July 2, 1985). k t 17 1 INDEX Acting Manager 10 Amendments Selectmen-Town Manager Act 16 Annual operating budget 14 Appointed officials 7 Appropriation Committee 5, 7 Board of Appeals 7 Board of Assessors 7 Board of Health 7 Board of Library Trustees 8 Board of Selectmen 3 election 6 secretarial assistance 7 Budget, annual operating 14 Building Commissioner 7 Capital expenditures 13 Capital Expenditures Committee 5 Celebrations Committee 7 Cemetery Superintendent 7 Ch. 107 of the Acts of 1910 8 Ch. 120 of the Acts of 1985 17 Ch. 447 of the Acts of 1956 7 Ch. 47 of the Acts of 1956 7 Ch. 573 of the Acts of 1968 17 Chief of Police 7 Citizen participation 4 Comptroller 5, 7 Conservation Commission 7 Consolidation of functions 4 Constables 7 Contracts 15 Decentralization 4 Director of Public Works 7 Election officers 7 Fence viewers 7 Fire Chief 7 Government structure problems 4 Historic Districts Commission 7 Housing Authority election 6 Housing Authority employees 7 19 Sel./Town Mgr Act Land acquisistion 4 Land development 4 Legal counsel 7 Library employees 7 Library Trustees 8 M.G.L. Ch. 120 of the Acts of 1985 3 M.G.L. Ch. 32 8 M.G.L. Ch. 753 of the Acts of 1968 3 Moderator appointments 7 election 6 Operating budget 14 Permanent Building Committee 7 Planning Board 5 election 6 Public Works Director 7 Recreation Conunittee 7 Registrars of Voters 7 Removal for cause 8 Retirement Board 8 School Committee election 6 School employees 7 Structure of Government Committee 3, 5 Tax Collector 7 Termination of employment 8 Town Celebrations Committee 7 Town Clerk 7, 10 Town Manager 5 Acting 10 - powers and duties 11, 12 removal from office 10 Town Manager appointments 7 with Selectmen approval 7 Town Meeting 3 Town Meeting Members Association 4 Treasurer 7 Trustees of Public Trusts 7, 8 Vacancies 8 on elected boards 6 20 Sel./Town Mgr Act ABRIDGEMENT COMMENTS Selectmen-Town Manager Act Voters continue to elect selectmen, town meeting members, moderator, school committee, planning board, housing authority Terms of elected officials not to be interrupted by passage of this act. Terms of elected officials whose positions are now abolished shall continue until first annual town election following acceptance of this act. Presently elected officials whose positions become appointive under this act shall continue in office until the expiration of the term for which they have been elected. Vacancies in membership of the School Committee or the Board of Selectmen to be filled by a special Town election. Elected officials to be available for consultation by the Manager Selectmen appointments. Selectmen appointments. Moderator appointments. Town Manager appointments with approval of Selectmen. Town Manager appointments. (Change a chief fire engineer to a fire chief; a superintendent of public works to a director of public works; a building inspector to a building commissioner ) Removal for cause. Method of selection of Retirement Board and Library Trustees is not changed. Filling of vacancies in offices referred to in SECTION 2 to be made by original appointing authority Number of members, length of term, powers, duties and responsibilities of appointed officials and employees to be as now or hereafter provided by any applicable law, by-law or vote of the Town. Abolishment of Board of Fire Commissioners and Cemetery Commissioners--devolution of these powers, duties and responsibilities. I Presently appointed officials whose positions remain appointive under this act shall continue in office until the expiration of their current term. No member of the Capital Expenditures Committee or Appropriation Committee, other than Comptroller, may be a Town officer or employee, other than Town Meeting member, nor may he serve on any other board, committee or commission or subcommittee of the same except special committees when authorized by vote of Town Meeting. The Town Manager may, with approval of the Selectmen, assume the powers, duties and responsibilities of any office which he is authorized to fill except he shall not appoint himself as a member of any board, commission or committee. Selectmen appoint a Manager for a term not to exceed three years. He may be appointed for successive terms of office. The Manager shall be a professionally qualified person of proven ability who has had substantial involvement with municipal government and is appropriately fitted by education, training, and by previous full-time paid experience in a responsible administrative position to perform the duties of the office. Successor to be appointed not later than nine months after expiration of term, resignation or removal. No holder of an elective Town office, within three years of holding such an office, shall be eligible for appointment as Town Manager The Manager shall not hold any elective office nor engage in any other business or occupation during his term except for part-time consultative or teaching duties, directly related to the profession of municipal management and with the specific consent of the selectmen. Manager may be removed by an affirmative vote of at least a majority of the full membership of the Board of Selectmen. Thirty days before proposed removal shall become effective, Selectmen file a preliminary resolution with the Town Clerk giving in detail specific reasons for proposed removal. Clerk sends copy of resolution to Manager Seven days after receipt of resolution, Manager may file with Selectmen a written request for a public hearing as to reasons for his removal. If the Manager so requests the Board of Selectmen shall hold a public hearing to be held not earlier than ten days nor later than 20 days after the filing of such request. After such public hearing, if any, otherwise at the expiration of 30 days following filing of the preliminary resolution, a majority of the full membership of the Board of Selectmen may adopt a final resolution of removal. Manager's salary to continue for at least one month and not more than three months after date of final resolution of removal. 4 ii He is responsible for the efficient administration of all boards, commissions, committees and officers appointed by him and their respective department. The Manager consistent with provisions of this act and the General Laws, may, with the approval of the Selectmen, reorganize, consolidate or abolish boards, departments, commissions, committees or offices under his supervision and establish new ones as he deems necessary The Manager shall, with the approval of the Selectmen, formulate personnel practices and standards and fix the compensation of all Town officers and employees appointed by him subject to pertinent General Laws and within limits appropriated by the Town. He has jurisdiction over the rental and use of all Town property except schools and libraries. He is responsible for the maintenance and repair of all Town property, except school buildings and grounds. He is responsible for the preparation of plans and the supervision of work on all construction, alterations, improvements, etc. undertaken by the Town unless otherwise assigned to the Permanent Building Committee. He shall be responsible for purchasing all supplies, materials and equipment with the exception of school and library books, food for schools, instructional materials, supplies and equipment unless specifically requested by the School Committee or Library Trustees. He shall be responsible for the implementation of Town Meeting votes and shall report to the Town Meeting on the status of prior Town Meeting votes on which implementation is not complete. He shall oversee the enforcement of all laws, by-laws, rules and regulations. He shall, with the approval of the Selectmen, have authority to prosecute, defend or compromise all litigation to which the Town is a party He shall keep the Selectmen informed concerning all aspects of the Town's government. He may investigate the affairs of any department or activity under his control or the conduct of any officer or employee. He shall keep the Selectmen informed concerning all aspects of the Town's government. The Manager shall be accessible to chairmen of boards, committees and commissions and shall make accessible to them all data and records of his office as needed in connection with their official duties. Assignment of additional duties. iii The Manager shall approve all warrants for the payment of Town funds by the Treasurer All boards, departments, committees, commissions and officers shall annually submit in writing to the Manager and Capital Expenditures Committee a detailed estimate of the capital expenditures required during the next fiscal year and the ensuing four-year period. Manager submits capital budget to the Selectmen and Capital Expenditures Committee. The Selectmen shall transmit a copy of the capital budget with their recommendations to the Appropriation Committee and the Capital Expenditures Committee. Specific calendar deadlines for the capital expenditure budget development were deleted. All boards, departments, commissions, committees and officers shall annually submit in writing to the Manager a detailed estimate of appropriations required for their respective offices and departments during the next fiscal year Manager submits budget in writing to the Selectmen. The Selectmen shall transmit a copy of the budget with their recommendations to the Appropriation Committee and, for its information, to the Capital Expenditures Committee. Specific calendar deadlines for the annual expenditures budget development were deleted. All laws, by-laws, votes, rules and regulations not inconsistent with the provisions of this act are to remain in effect--all others are hereby suspended. Act to be submitted to the voters at the 1969 annual Town election. If a majority of the votes is in the affirmative, the act becomes effective one year after its acceptance. If act is rejected in 1969, it shall again be submitted to the voters in 1970 If act is rejected the second time, it shall become null and void. Amendment can be made by special act or charter amendment procedure. The latter method requires a two-thirds vote of Town Meeting and subsequent approval by the voters. The Town Meeting must consider and vote upon any charter amendment which is proposed to it by petition of 10 registered voters or by written request of the Selectmen or the Town Manager A public hearing and a report and recommendation to the Town Meeting are a "condition precedent" to Town Meeting action. iv Any time after the expiration of three years from date this act is accepted and not less than 90 days before the date of an annual Town Meeting, a petition signed by not less that 10% of the registered voters may be filed with the Selectmen, requesting that the question of revoking the acceptance of this act shall be submitted to the voters at the next annual election. If such revocation is passed by a majority vote, this act ceases to be operative on and after the annual Town Meeting next following such vote. The contract with the Manager is terminated immediately upon such vote. (See SECTION 16 Contracts.) During period of transition Selectmen are charged with the powers and duties of the Town Manager which may be discharged by themselves or by a temporary Town Manager they appoint. Revival of laws, by-laws, votes, rules and regulations. If revocation is not passed, no further petition shall be filed at intervals of less than three years. 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, commissions and committees whose election to office was required immediately prior to the acceptance of this act-- exception is made if Town votes another plan of government at time of vote of revocation. v l