HomeMy Public PortalAboutFranklinTABLE OF CONTENTS
(The Table of Contents is not part of the official Charter. Editorially
provided as a convenience)
PREAMBLE
ARTICLE ONE - POWERS OF THE TOWN
Section 1 Incorporation
Section 2 Form of government and title
Section 3 Scope and interpretation of town powers
Section 4 Intergovernmental cooperations
ARTICLE TWO -
Section
Section
Section
Section
Section
Section
Section
Section
THE TOWN COUNCIL
1 Composition and membership
2 Eligibility
3 Chairman, Vice Chairman and Clerk
4 General powers and duties
5 Procedures
6 Town bylaws
7 Action requiring a bylaw
8 Vacancy
ARTICLE THREE - ELECTED TOWN BOARDS AND OFFICERS
Section 1
Section 2
Section 3
General provisions
Special Provisions
Vacancies
ARTICLE FOUR - THE TOWN ADMINISTRATOR
Section 1 Appointment and qualifications
Section 2
Section 3
Section 4
Powers and duties
Removal of the Town Administrator
Acting Town Administrator
ARTICLE FIVE - TOWN ELECTIONS
Section 1
Section 2
Section 3
Section 4
ARTICLE SIX -
Section
Section
Section
Section
Section
Section
Section
Section
Biennial Town Election
Initiative
Referendum
Recall of elective officers
FINANCIAL PROVISIONS AND PROCEDURES
1 Applicability of general
2 Finance Committee
3 Submission of budget and
4 Budget message
5 Budget Proposal
6 Action on the proposed budget
7 Capital improvements program
8 Emergency appropriations
law
budget message
ARTICLE SEVEN - GENERAL PROVISIONS
Section 1 Charter amendment
Section 2 Specific provisions to prevail
Section 3 Severability of Charter
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Section 4 Town boards, commissions and committees 15
Section 5 Counting of days 15
Section 6 Phasing of terms 15
Editor's Note: Former Section 7, Suspensions and removals, which immediately
followed and was comprised of Sections 7-7-1 through 7-7-5, was repealed
by Ch. 331, Acts of 2010, approved at referendum 11-2-2010.
ARTICLE EIGHT - TRANSITIONAL PROVISIONS
Section 1 Effective Date
Section 2 Continuation of Existing Laws
Section 3 Existing Officials and Employees
Section 4 Continuation of Government
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TOWN OF FRANKLIN, MASSACHUSETTS
HOME RULE CHARTER
PREAMBLE
We, the people of the Town of Franklin, Massachusetts, in order to
form a more perfect community, reaffirm the customary and
traditional liberties of the people with respect to the conduct of our
local government and take fullest advantage of the Home Rule
Amendment to the Constitution of the Commonwealth, do ordain and
adopt this Home Rule Charter for our Town.
ARTICLE ONE
POWERS OF THE TOWN
Section 1 Incorporation
1-1-1 The inhabitants of the Town of Franklin, within the Town's
corporate limits as established by law, shall continue to be a body
corporate and politic with perpetual succession under the name
"Town of Franklin."
Section 2 Forms of Government and Title
1-2-1 This Charter provides for a Town Council —Town
Administrator form of town government, and it shall be known by the
title "Franklin Home Rule Charter."
Section 3 Scope and Interpretation of Town Powers
1-3-1 The Town shall possess, exercise and enjoy all local
government powers, rights and privileges under the Constitution and
laws of Massachusetts as completely and fully as though they were
expressly enumerated herein.
1-3-2 The powers of the Town under this Charter shall be construed
liberally in its favor, and no specific Charter grant of particular
powers is intended to limit in any measure its general grant of power.
Section 4 Intergovernmental Cooperations
1-4-1 In the exercise of its powers and functions, the Town may
enter into intergovernmental agreements with other units or agencies
of government by any appropriate means.
ARTICLE TWO
THE TOWN COUNCIL
Section 1 Composition and Membership
2-1-1 The legislative body of the Town shall be a Town Council
whose members shall be elected to meet, deliberate, act and vote in
exercise of the corporate powers of the Town.
2-1-2 Nine (9) Council members shall be nominated and elected
from the Town at large, all for two-year concurrent terms of office.
2-1-3 Town Council members shall receive no compensation for
service but may be allowed expenses incurred in the performance of
their official duties.
2-1-4 The term of office of the Town Council shall begin on the
second Wednesday following the election and continuing until their
successors are qualified.
Section 2 Eligibility
2-2-1 Any registered voter of the Town shall be eligible for election
to Town Council membership. However, no person holding an
elective office of the Town as established in general law, Article
Three of this Charter, or bylaw, shall take the oath or affirmation of
office as a Town Councillor.
2-2-2 No Town Councillor shall, while a member of the Town
Council, hold any other compensated Town office or position. No
former Councillor shall hold any compensated appointive office or
employment until one-year after the expiration of service on the Town
Council. This provision shall not prevent a Town officer or employee
who has taken a leave of absence from such duties in order to serve as
a member of the Town Council from returning to such office or
employment following service as a member of the Town Council.
Section 3 Chairman, Vice Chair and Clerk
2-3-1 At the first Council meeting following each regular Town
election, the Council shall choose from its membership a Chairman,
Vice -Chairman and Clerk, each of whom shall serve for a 1 -year
term. The Council may reorganize itself at any time during the year
by a 2/3 vote of its membership. The Chairman shall preside at
meetings of the Council and shall perform such other duties as
provided by this Charter, by bylaw, or Council vote. The Vice -
Chairman shall act as Chairman during the absence or disability of the
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Chairman. The Clerk shall ensure that proper notice of all Council
meetings is provided to its members and to the public, that all votes of
the Council are recorded and that minutes of all Council proceedings
are kept and shall perform such other duties as may be assigned by
this Charter by bylaw or by vote of the Council.
2-3-2 Vacancies which occur in the offices of Chairman, Vice
Chairman or Clerk shall be filled at the next regular Council meeting
following the vacancy. All appointments to fill vacancies in Council
offices shall be for the remainder of the original one-year term of
office.
Section 4 General Powers and Duties
2-4-1 Except as otherwise may be provided by this Charter, all
general, corporate, legislative and appropriations powers of the Town
shall be vested in the Town Council.
2-4-2 The Council may enact bylaws, rules, regulations, and other
orders, not inconsistent with this Charter, governing its own
proceedings, town functions, and all matters bearing on the exercise
of its powers and duties.
2-4-3 The Council shall provide minutes of its proceedings to be
kept and maintained as a public record in the office of the Town
Clerk.
2-4-4 The Council shall have the power to appoint the following:
(a) a Town Administrator, as provided in Article Four; (b) a Chairman
and Vice Chairman of the Council, as provided in Section 2-3-1; (c) a
Clerk of the Council, as provided in Section 2-3-2; (d) a Finance
Committee, as provided in Article Six; and (e) special study
committees the composition of which shall be determined by the
Council.
Section 5 Procedures
2-5-1 The Town Council shall meet regularly at least once in each
month. Special meetings may be held at any time if called by the
Chairman or by four (4) members of the Council, provided, however,
that for special meeting, at least 48 hours personal notice shall be
given to each Council member, except in case of an emergency. All
Council meetings shall be conducted in accordance with the open
meeting provisions of the General Laws.
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2-5-2 A majority of the full Council membership shall constitute a
quorum for the purpose of conducting business.
2-5-3 Except as otherwise may be provided by general law
provisions respecting closed sessions, all meetings of the Council
shall be open to the public, and residents and employees of the Town
shall have a reasonable opportunity to be heard at any such meeting.
Section 6 Town Bylaws
2-6-1 Proposed bylaws shall deal with one (1) subject only and shall
be introduced in writing and in the form necessary for final adoption.
2-6-2 Any bylaw which amends or repeals a portion of the Town
bylaws shall set out in full the portion to be so amended or repealed,
by the use of strikeout type, brackets or underscoring.
2-6-3 Prior to final passage, each introduced bylaw shall be read at
two (2) separate Council meetings, except in cases of special
emergency involving the health or safety of the people or their
property. No bylaw shall be declared an emergency unless such an
emergency is defined and declared in a preamble thereto, separately
voted on and receiving the affirmative vote of at least two-thirds (2/3)
of the full Council membership.
2-6-4 The affirmative vote of a majority of the full Council
membership, except as otherwise provided by general law of this
Charter, shall be necessary for the final passage of any bylaw
resolution, or other action.
2-6-5 All votes on regular and emergency bylaws shall be taken by
roll call and shall be recorded in the minutes.
Section 7 Action Requiring a Bylaw
2-7-1 In addition to other acts required by statute or this Charter to
be accomplished through bylaw, those acts of the Town Council shall
be through bylaw which: (a) adopt or amend administrative bylaws or
establish, alter, or abolish any Town department, office or agency;
and (b) provide for a fine or other penalty, or establish a rule or
regulation for the violation of which a fine or other penalty is
imposed; and (c) establish all fees which are not set by general law.
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Section 8 Vacancy
2-8-1 Unless recalled in accordance with Article Five, Section 4 of
this Charter, a vacancy in the office of Councillor at Large shall be
declared by the Town Clerk following notification of the death,
permanent disability to serve, resignation, and/or failure to maintain a
permanent residency within the Town of Franklin.
2-8-2 Vacancies shall be filled by special election to be called within
ninety (90) days of said vacancy unless a regular or special Town
election shall occur within one hundred twenty (120) days.
ARTICLE THREE
ELECTED TOWN BOARDS AND OFFICERS
Section 1 General Provisions
3-1-1 Members of Town boards to be elected by the qualified voters,
of the Town shall be, in addition to the Town Council: (a) seven
members of a School Committee elected for concurrent terms of two
years, (b) three members of a Board of Assessors, (c) three members
of a Board of Health, and (d) five members and one associate of a
Planning Board all to be elected from the Town at large for four-year
overlapping terms of office so arranged that the terms of as nearly
half of the members of such boards and committees shall expire at
each biennial Town election.
3-1-2 Officers of the Town to be elected at large for four-year terms
of office shall be: (a) Town Clerk and (b) Three Constables.
3-1-3 Officers and members of elected boards established under this
Article shall receive such compensation as may be authorized by the
Town Council within limits of an appropriation made for that
purpose.
3-1-4 Officers and members of boards established under this Article
shall exercise such powers and duties as are, and may be, provided by
general law, this Charter, bylaw and order of the Town Council.
Section 2 Special Provisions
3-2-1 The School Committee established under this Article shall
have general charge of the public schools of the Town. The School
Committee shall have the power to select and to terminate a
superintendent of schools, establish educational goals and policies for
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the schools consistent with the requirements of the laws of the
Commonwealth and standards established by the Commonwealth.
The School Committee shall have all the powers and duties given to
school committees by the laws of the Commonwealth.
Section 3 Vacancies
3-3-1 Unless recalled in accordance with Article Five, Section 4 of
this Charter, vacancies in boards established under this Article shall
be filled by the Town Council jointly with the remaining members of
the respective board until the next regular Town election.
3-3-2 Unless recalled in accordance with Article Five, Section 4 of
this Charter, a vacancy in the office of Town Clerk, Town Treasurer -
Collector or Constable shall be filled in accordance with the
provisions of general law.
ARTICLE FOUR
THE TOWN ADMINISTRATOR
Section 1 Appointment and Qualifications
4-1-1 The Town Council, by a majority vote of its full membership,
shall appoint a Town Administrator who shall administer and
implement the directives and policies adopted by the Town Council.
The Council shall fix the Administrator's compensation within the
limits of an appropriation adopted for that purpose. The salary,
benefits, and terms and conditions of employment and the procedures
for dismissal shall be negotiated between the Town Council and the
Administrator.
4-1-2 In seeking candidates for the Administrator's post, the Town
Council shall advertise in appropriate professional journals and other
suitable publications as seemed necessary. The Town Administrator
need not be a resident of the Town at the time of appointment but
shall establish residence within the Town within one year following
appointment, unless the Town Council shall waive such residency
requirement. If a resident of the Town, the successful candidate shall
have held no elective town office for a period of one year prior to
appointment.
4-1-3 The Administrator shall be appointed on the basis of
educational, executive and administrative qualifications and
experience, including at least a bachelor's degree in an appropriate
field of study from an accredited four-year college or university.
Professional experience shall consist of at least three (3) years of full -
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time compensated service in town or town administration or related
administrative activity.
Section 2 Powers and Duties
4-2-1 The Town Administrator shall be the chief executive and
administrative officer of the Town and shall be responsible to the
Council for the effective administration of all Town affairs placed in
his charge by or under this Charter.
4-2-2 The Administrator shall not hold any other elective or
appointive Town office, but may be appointed by the Council to serve
on committees, both standing and ad hoc. The Administrator shall
devote full-time to the duties of the office and shall not engage in any
other business or occupation without the advance written
authorization of the Council.
4-2-3 The Administrator shall: (a) attend all meetings of the Council
except when excused and have the right to speak but not to vote; (b)
keep the Council fully informed regarding Town and departmental
operations, fiscal affairs, general problems and administrative actions
and submit appropriate periodic reports; (c) keep the Council fully
informed as to the long-range needs of the Town, the practices and
governmental trends of other communities and the laws and
regulations of the Commonwealth and make such recommendations
to the Council as deemed necessary and appropriate; (d) prepare,
assemble and present to the Council the annual Town operating and
capital budgets and cooperate with the Finance Committee in all
financial matters; (e) serve as general ombudsman for the Town; (f)
maintain an inventory of all town real and personal property; (g) be
responsible for all aspects of the personnel system, (h) serve as chief
procurement officer; (i) be responsible for the maintenance of all
buildings and property owned or leased by the Town, except that
under the jurisdiction of the School Committee; and (j) perform such
other duties as may be required by this Charter, bylaw or order of the
Council.
4-2-4 The Administrator may, with the approval of the Council
within the departments and agencies under his jurisdiction, establish,
reorganize or consolidate any department, board commission or
office.
4-2-5 Subject to ratification by the Town Council, the Administrator
may appoint, on the basis of merit and fitness alone: (a) a Fire Chief,
a Police Chief, a Director of Public Works, a Town Comptroller, a
Town Counsel, a Library Director, and 3 registrars of voters; (b) 5
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members of a board of library trustees, 9 members of a Council on
Aging, 7 members of a Conservation Commission, 7 members of an
Historic Commission and 3 members of a Zoning Board of Appeals,
the members of which shall serve for 3 -year overlapping terms within
their respective board, council or commission; (c) 5 members of a
Housing Authority, 4 of whom shall serve for 5 -year overlapping
terms and 1 of whom shall be appointed under the authority of the
Commonwealth; and (d) members of such other boards, commissions
and committees as are authorized by the General Laws, this Charter or
bylaws and for whom appointment is not otherwise provided.
4-2-6 The Town Administrator may appoint a Treasurer -Collector,
on the basis of merit and fitness alone, subject to the following
process:
(a) Interview of potential candidates and selection of final
candidate or appointment will occur in consultation with,
but not limited to, at least one member of the Town
Council (as determined by the Chair of the Town Council),
at least one member of the Finance Committee (as
determined by the Chair of the Finance Committee), and
the Comptroller,
(b) Final appointment is subject to ratification by the Town
Council.
Section 3 Removal of the Town Administrator
4-3-1 Final removal of any Town Administrator shall be effected by
a majority vote of the full Town Council at an open Council meeting.
Section 4 Acting Town Administrator
4-4-1 The Town Administrator may designate a qualified person to
serve as Acting Town Administrator and to perform the duties of the
office for up to 21 days on account of the temporary absence or
unavailability of the Town Administrator.
4-4-2 The Town Council may designate a qualified person to serve
as Acting Town Administrator and to perform the duties of the office
during the period of any vacancy caused by the Administrator's
absence, or unavailability for more than 21 days, or because of the
illness, suspension, removal or resignation of the Town
Administrator. The appointment shall be for not more than 180 days,
but such appointment may be extended for 2 additional 90 -day
periods by vote of the Council.
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ARTICLE FIVE
TOWN ELECTIONS
Section 1 Biennial Town Election
5-1-1 The regular biennial election for all Town offices and Town
Council members shall be by official ballot held on the first Tuesday
following the first Monday in November of each odd numbered year.
All elections of Town officers and Town Council members shall be
nonpartisan, and all election ballots shall be printed without any party
mark or other political emblem.
5-1-2 The order of candidate names on the official ballot shall be
such that incumbents are listed first, followed by other candidates in
alphabetical order.
5-1-3 Any person elected to any office, board or Council shall take
up the duties thereof immediately upon taking the oath or affirmation
of office.
5-1-4 Except as otherwise provided by this Charter, the provisions
of general law with respect to nominations and elections to Town
offices shall apply.
5-1-5 The nomination of candidates for election and reelection as
Town Council members shall be made by nomination papers filed
with the Town Clerk no later than the last day on which nomination
papers of candidates for other Town offices must be filed. For the
office of Town Councillor, such papers shall be signed by at least one
hundred (100) qualified voters of the Town. Nomination papers shall
not be valid for any candidate whose written acceptance is not
attached thereto when filed.
Section 2 Initiative
5-2-1 The voters of the Town shall have the power to propose and
act upon any legislative matter falling within the authority of the
Town Council so to act, except emergency measures as provided in
Sections 2-6-3 and 6-8-1 of this Charter.
5-2-2 Initiative legislation may be proposed by submission to the
Town Clerk of a petition signed by the qualified voters of the Town
equal in number to not fewer than five percent (5%) of those
registered at the last regular Town election. Each copy of the petition
shall clearly state the question or questions to be voted on.
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5-2-3 If, within seven days following receipt of the petition the
Town Clerk shall determine it to contain a sufficient number of valid
signatures, provision shall be made for a special initiative election to
be conducted within thirty-five (35) days thereafter for the sole
purpose of voting on the petitioned question or questions.
5-2-4 Each question to be voted on the special initiative election
shall be in the same form and language as stated on the initiative
petition.
5-2-5 No special initiative election shall be valid unless at least
twenty-five percent (25%) of the qualified voters of the Town shall
cast a ballot on each question submitted.
Section 3 Referendum
5-3-1 No bylaw, order or other measure adopted by the Town
Council, except a vote: (a) to appropriate a sum of money less than
fifty thousand dollars ($50,000.) or (b) to enact an emergency
measure as detailed in Sections 2-6-3 and 6-8-1 of this Charter, shall
become operative until the expiration of fourteen (14) days following
the Council's final vote thereon.
5-3-2 If within such fourteen -day period a petition signed by the
qualified voters of the Town equal in number to not fewer than five
percent (5%) of those registered at the last regular Town election is
filed with the Town Clerk, asking that any question involved in such a
vote be submitted to the voters, then a referendum shall be held for
the sole purpose of presenting the question or questions to the voters
of the Town.
5-3-3 If, within seven days following receipt of the petition the
Town Clerk shall determine it to contain a sufficient number of valid
signatures, provision shall be made for a referendum to be held within
thirty-five (35) days thereafter.
5-3-4 Each question to be voted on in the referendum shall be
submitted to the voters in the same form and language as when finally
voted on by the Town Council.
5-3-5 All procedures for voting upon referendum questions shall be
in the same manner as provided by general law for the conduct of
Town elections.
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5-3-6 No referendum against any action of the Town Council shall
be valid unless at least twenty-five percent (25%) of the qualified
voters of the Town shall cast a ballot on each question submitted.
Section 4 Recall of Elective Officers
5-4-1 Any elective officer of the Town may be recalled and removed
from office by the voters as herein provided. Any voter may file with
the Town Clerk a petition containing the name and title of the elective
officer whose removal is sought. For all elective officers such petition
shall be signed by the qualified voters of the Town equal in number to
at least five percent (5%) of those registered at the last regular Town
election. Such recall petition must be filed within fourteen (14) days
following its initial date of issuance.
5-4-2 If within seven (7) days following receipt of the petition, the
Town Clerk shall determine it to contain a sufficient number of valid
signatures, provisions shall be made for a recall election to be held
within sixty (60) days but not sooner than forty-five (45) days
thereafter, provided that no such election shall take place if the
regular Town election or another special election shall be held within
ninety (90) days. All procedures for voting upon the recall question
and filling any vacancy caused by the recall of an officer shall be in
the same manner as provided by general law for the conduct of Town
elections.
5-4-3 Any officer sought to be removed may be a candidate to
succeed to the same office, and unless the officer requests otherwise
in writing, the Town Clerk shall place the name of the officer on the
ballot without nomination. The nomination of other candidates, the
publication of the warrant for the removal election, and the conduct of
the same, shall all be in accordance with the provisions of law relating
to elections. Ballots used in a recall election shall ask if the officer
sought to be recalled shall be recalled; and shall provide for the names
of candidates seeking the office of the officer recalled.
5-4-4 If the votes cast upon the question of recall is in the
affirmative, the candidate receiving the highest number of votes shall
be declared elected provided that at least twenty-five percent (25%) of
all those qualified to vote shall have voted.
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ARTICLE SIX
FINANCIAL PROVISIONS AND PROCEDURES
Section 1 Applicability of General Law
6-1-1 In all matters concerning finances and financial procedures of
the Town, the provisions of general law shall apply, together with
such other requirements as are provided by this Charter and bylaw.
Section 2 Finance Committee
6-2-1 A Finance Committee of 9 members shall be appointed by the
Town Council for staggered 3 -year terms. The Finance Committee
shall elect from its membership for one-year terms of office, a
Chairman, a Vice -Chairman, and a Clerk. The Town Comptroller and
the Town Treasurer -Collector shall have ex -officio membership,
without voting rights, on the Committee. No elected or appointed
Town officer, or compensated Town employee who serves in more
than part-time employments, shall serve on the Committee.
Committee members shall serve without compensation.
6-2-2 For its initial appointment of a Finance Committee, the Town
Council shall appoint 3 members for 3 -year terms, 3 members for 2 -
year terms and 3 members for 1 -year terms and thereafter the Town
Council shall annually appoint 3 members for 1 -year terms.
Vacancies on the Finance Committee shall be filled promptly by the
Council for the unexpired term.
6-2-3 The Finance Committee shall carry out its duties in
accordance with the provisions of general law, this Charter and
bylaw, and it shall have regular and free access and inspection rights
to all books and accounts of any Town department or office. The
Committee shall carefully examine all budget and appropriations
proposals and shall issue its recommendations thereon prior to
consideration, debate and vote by the Town Council.
Section 3 Submission of Budget and Budget Message
6-3-1 Within the period provided by general law, the Town
Administrator shall submit to the Town Council and file copies with
the Finance Committee a proposed budget for the ensuing fiscal year
with an accompanying budget message and support documents.
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Section 4 Budget Message
6-4-1 The budget message shall explain the budget for all Town
agencies in both fiscal and programmatic terms. It shall: (a) outline
proposed financial policies of the Town for the ensuing fiscal year;
(b) describe important features of the budget; (c) indicate any major
variations form the current year in financial policies, expenditures and
revenues, together with the reasons of such variations; (d) summarize
the Town's debt position; and (e) include such other materials as the
Town Administrator may deem desirable or the Finance Committee
may require.
Section 5 Budget Proposal
6-5-1 The proposed budget shall provide a complete financial plan
for all Town funds and activities, including the proposed School
Department budget for the ensuing year. Except for the school budget
or as may be required by law, the proposed budget shall be in such
form as the Town Administrator deems desirable.
6-5-2 In submitting the proposed budget, the Town Administrator
shall utilize modern fiscal principles so as to afford maximum
information and financial control. The budget shall detail all
estimated revenue from the property tax levy and other sources and all
proposed expenditures, including debt service for the previous,
current and ensuing years, and shall indicate separately proposed
expenditures for both current operations and capital projects during
the ensuing year, detailed by department, purpose and position,
together with proposed financing methods.
Section 6 Action on the Proposed Budget
6-6-1 The Town Council shall conduct at least two (2) public
hearings on the Town Administrator's proposed budget, and it shall
publish, in one (1) or more newspapers of general circulation in the
Town, a general summary of the budget and a notice stating: (a) the
times and places where copies of the budget shall be available for
inspection, and (b) the dates, times and places, not less than fourteen
(14) days after such publication, when the public hearings on the
budget proposal shall be conducted. The Finance Committee shall
issue printed recommendations and make copies available at the time
of the public hearings.
6-6-2 The Town Council shall adopt the budget, with or without
amendments, prior to the close of the current fiscal year. Adoption of
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the budget shall constitute appropriation of the amounts specified
therein.
Section 7 Capital Improvements Program
6-7-1 The Town Administrator shall submit to the Town Council
and file copies with the Finance Committee of a 5 -year capital
improvements program, which shall include: (a) a clear summary of
its contents; (b) a list of all capital improvements proposed to be
undertaken during the next 5 fiscal years, together with supporting
data; (c) cost estimates, method of financing and recommended time
schedules; and (d) the estimated annual cost of operating and
maintaining any facility to be constructed or acquired.
6-7-2 Information requirements described above may be revised and
extended annually with respect to capital improvements in the process
of construction or acquisition. A capital improvement shall be defined
by the Finance Committee, in consultation with the Town
Administrator and other Town officials, such definition to be changed
from time to time as necessary to reflect current economic conditions.
Section 8 Emergency Appropriations
6-8-1 The Town Council shall have the power to enact emergency
appropriations orders to meet a public emergency affecting life,
health, property or the public peace. Any such emergency order shall
be so declared in an emergency preamble thereto, separately voted on
and receiving the affirmative vote of at least two-thirds (2/3) of the
full Council membership.
ARTICLE SEVEN
GENERAL PROVISIONS
Section 1 Charter Amendment
7-1-1 This Charter may be replaced, revised or amended in
accordance with the provisions of the Constitution of the
Commonwealth and general law.
Section 2 Specific Provisions to Prevail
7-2-1 To the extent that any specific provision of this Charter shall
conflict with any general provision thereof, the specific provision
shall prevail.
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Section 3 Severability of Charter
7-3-1 The provisions of this Charter are severable. If any provision
of this Charter is held invalid, the remaining Charter provisions shall
not be affected thereby. If the application of the Charter or any of its
provisions to any person or circumstance is held invalid, the
application of this Charter and its provisions to other persons and
circumstances shall not be affected thereby.
Section 4 Town Boards, Commissions and Committees
7-4-1 All boards, commissions and committees of the Town shall
organize annually and elect a Chairman and other necessary officers,
establish a majority quorum requirement for meetings, adopt rules of
procedure and voting and maintain minutes of its proceedings, copies
of which shall be a public record signed by the Clerk of each board
and filed regularly with the Town Clerk. All such boards shall
conduct their meetings in accordance with the open meeting
provisions of general law.
Section 5 Counting of Days
7-5-1 In counting days under this Charter, every calendar day shall
be counted, including Sundays and all holidays.
Section 6 Phasing of Terms
7-6-1 Elections and appointments to boards, commissions and
committees consisting of more than (1) member and terms of office
greater than one (1) year shall be made so that terms overlap. Terms
of an equal, or as nearly equal as may be, number of board,
commission or committee members shall expire each year
ARTICLE EIGHT
TRANSITIONAL PROVISIONS
Section 1. Effective Date
8-1-1 (Reserved)
8-1-2 An amendment to this charter to change the Treasurer -
Collector from an elected to an appointed officer shall be effective
when approved by the when approved by the voters at the general
town election, provided that the incumbent Treasurer -Collector shall
serve the remainder of his current term.
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Section 2 Continuation of Existing Laws
8-2-1 All bylaws, resolutions, rules, regulations and votes of the
Town Council which are in force at the time this Charter is adopted,
not inconsistent with the provisions of this Charter, shall continue in
full force until amended or repealed.
Where provisions of this Charter conflict with provisions of Town
bylaws, rules, regulations, orders, and special acts and acceptances of
general law, the Charter provisions shall govern. All provisions of
Town bylaws, rules, regulations, orders and special acts not
superseded by this Charter shall remain in force.
Section 3 Existing Officials and Employees
8-3-1 Any person holding a Town office or employment under the
Town shall retain such office or employment and shall continue to
perform the duties of the office until provisions shall have been made
in accordance with this Charter for the performance of the said duties
by another person or agency. No person in the permanent full-time
service or employment of the Town shall forfeit pay grade or time in
service.
Section 4 Continuation of Government
8-4-1 All Town officers, boards, commissions or agencies shall
continue to perform their duties until re -appointed or re-elected, or
until successors to their respective positions are fully appointed or
elected or until their duties have been transferred or assumed by
another town office, board, commission or agency.
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