Section 1. Elected Officials
 | Town meeting members |
| Moderator |
| Board of selectmen |
| School committee |
| Lexington housing authority |
| Planning board |
Section 2. Appointed Officials
| 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
Section 4. Multiple Offices
Section 5. Appointment of a Town Manager
Section 6. Acting Manager
Section 7. Removal of Manager
Section 8. Compensation of the Manager
Section 9. Powers and Duties of Manager
Section 10. Approval of Warrants
Section 11. Investigation of Claims
Section 12. Estimate of Capital Expenditures
Section 13. Estimate of Annual Expenditures
Section 14. Investigation by Selectmen
Section 15. By-laws, Rules, etc.
Section 16. Contracts
Section 17. Submission of Act and Time of Taking Effect
Section 18. Amendments to This Act
Section 19. Revocation of Acceptance
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.
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.
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.
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:
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.
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 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.
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.
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.
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.
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.
The town manager shall receive such compensation for services performed by him as the selectmen shall determine but it shall not exceed the amount appropriated therefor by the town.
In addition to other powers and duties provided for in this act, the town manager shall have the following powers and duties:
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.
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 determination by the selectmen, payment shall be withheld.
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 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.
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.
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.
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.
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.
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.
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.
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.
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. 573 of 1968 approved July 24, 1968; Ch. 120 of 1985 approved July 2, 1985).