Chapter 27 of the Acts of 1996
An Act Establishing a Board of Selectmen – Town Manager Form of Government
in the Town of Framingham
SECTION 1. This act may be cited and shall be known as
the Framingham Board of Selectmen-Town Manager Act.
SECTION 2. To the extent that the provisions of this act
modify or repeal existing General Laws and special laws or the body of laws
which pertain to the town under Section 9 of Article LXXXIX of the Amendments
to the Constitution of the Commonwealth, this act shall govern.
SECTION 3. There shall be in the town of Framingham a
board of selectmen which shall consist of five members elected for terms of
three years, so arranged that as nearly an equal number as possible shall
expire each year.
The executive powers of
the town shall be vested in the board of selectmen. and said board shall have
all of the powers and duties given to boards of selectmen under the
Constitution and laws of the commonwealth unless otherwise provided by this act
and such additional powers and duties as may be authorized by this act, by
by-law or by other town meeting vote.
Said board of
selectmen shall cause the laws and orders for the government of the town to be
enforced and shall cause a record of its official acts to be maintained.
Said board of
selectmen shall be the chief policymaking board of the town and shall act by
the issuance of policy statements and guidelines to be followed and implemented
by all town agencies serving under said board.
Except as otherwise
provided by general law, the board of selectmen shall be the licensing
authority of the town and shall have the power to issue licenses, to make all
necessary rules and regulations regarding the issuance of such licenses, and to
attach such conditions and restrictions thereto as it deems to be in the public
interest, and to enforce the laws relating to all businesses for which it
issues licenses.
To aid the board of
selectmen in conducting its official business and duties, said board shall
appoint a town manager and town counsel.
Said board of
selectmen shall establish all boards. committees and commissions and appoint
their members, except as otherwise provided by this act, by by-law or other
vote of the town meeting; and shall appoint members of such other regional
authorities, districts, committees in accordance with any applicable laws or
interlocal agreements.
SECTION 4. The board of selectmen, shall appoint a town
manager who shall serve for a term not to exceed three years; provided,
however, that any such person appointed as town manager may be appointed for
more than one term. Said town manager
shall meet the minimum qualifications, as determined by the personnel board, to
perform the duties of the office. A vacancy in the office of town manager shall
be filled as soon as possible by said board of selectmen. Pending the appointment of a town manager or
the filling of a vacancy, said board of selectmen shall appoint a suitable
person to perform the duties of the office with qualifications as determined by
the personnel board. In the event of temporary absence or disability of said
town manager, said board of selectmen may designate a qualified person to serve
as acting town manager and to perform the duties of said town manager during
such temporary absence or disability.
SECTION 5. The town manager shall be the chief
administrative officer of the town, shall act as the agent for the board of
selectmen and shall be responsible to said board of selectmen for the proper operation
of town affairs as provided in this act.
Said town manager,
under the policy direction of said board of selectmen, shall supervise, direct
and be responsible for the efficient administration of all officers appointed
by said town manager and their respective departments and of all functions for
which said town manager shall have responsibility, authority or control by this
act, by by-law, by town meeting vote, or by vote of said board of selectmen.
Said town manager shall have the power to delegate, authorize or direct a
subordinate or employee of the town to exercise any power, duty or
responsibility which the office of said town manager is authorized to exercise
under this act. All actions that are performed under such delegation shall be
deemed to be the actions of said town manager.
Said town manager may
reorganize, consolidate or abolish, any town department, office, agency or
function under the jurisdiction of said town manager with the concurrence of
town meeting.
SECTION 6. In accordance with the personnel by-law,
except as otherwise provided by this act, the town manager shall appoint, based
upon merit and fitness alone, the police chief, fire chief,
treasurer-collector, town accountant, director of public works, director of
parks and recreation, director of health, personnel director and any other
officers, subordinates and employees under the direct supervision of said town
manager as well as officers, subordinates and employees for whom no other
method of selection is provided in this act, except employees of the school
department and library department. Said town manager may appoint such ad hoc
committees as he deems necessary. Appointment of the personnel director, police
chief and fire chief shall be with the concurrence of the board of selectmen.
SECTION 7. The personnel management powers, duties and
responsibilities of the town manager shall include, but shall not be limited
to, the following:
(a) administering and adopting personnel policies, practices and rules and regulations, any compensation plan and any related matters for all municipal employees and to administer all collective bargaining agreements, except for the school and library departments, entered into by the town.
(b) fixing compensation for all town employees and officers appointed by the town manager within the limits established by appropriation and any applicable compensation plan and collective bargaining agreements.
(c) negotiating all contracts with town employees concerning wages and other terms and conditions of employment, except the school department; provided, however, that such contracts shall be subject to the approval of the board of selectmen and adoption of a compensation pay plan by town meeting. The town manager may, subject to the approval of the board of selectmen, employ special counsel to assist in the performance of such duties.
SECTION 8. The town manager shall be responsible for
all the financial management functions of the town unless otherwise provided by
this act or by by-law. Such functions shall include, but not be limited to, the
following:
(a) preparing annually, a financial forecast of revenue, expenditures and the general financial condition of the town;
(b) preparing and submitting, after consultation with all town departments, an annual operating budget and capital improvement program for town departments;
(c) insuring that complete and full records of the financial and administrative activity of the town are maintained and to render reports to the board of selectmen as may be required;
(d) approving
warrants for the payment of town funds prepared by the town accountant;
(e) purchasing all supplies, materials and equipment except books and other educational material for schools and books and other media materials for libraries. The town manager shall approve the award of all contracts for all town departments with the exception of the school department, subject to the approval of the board of selectmen;
(f) keeping the board of selectmen and finance committee fully informed as to the financial condition of the town and to make recommendations to said board of selectmen and to such other elected and appointed officials as such town manager deems necessary.
SECTION 9. The administrative powers, duties and responsibilities
of the town manager shall include, but not be limited to, the following:
(a) attending all regular and special meetings of the board of selectmen, unless otherwise excused at his request;
(b) attending all sessions of the town meeting and to answer all questions addressed to the town manager which are related to the warrant articles and to matters within the scope of responsibility of the town manager;
(c) administering either directly or through persons supervised by the town manager in accordance with this act, the provisions of general or special laws. by-laws and other votes of the town meeting;
(d) investigating or inquiring into the affairs of any town department or office under the supervision of the town manager;
(e) coordinating activities of all town departments, officers. boards or commissions of the town through joint meetings, as appropriate;
(f) keeping the board of selectmen fully informed as to the needs of the town requiring action by said board or by other agents of the town as the town manager deems necessary;
(g) ensuring the efficient use, maintenance and repair of all town facilities under the jurisdiction of the board of selectmen;
(h) maintaining
a full and complete inventory of all town-owned real and personal property;
(i) performing such other duties as may be necessary or as may be required by this act, by-law, town meeting vote, or vote of the board of selectmen.
SECTION 10. 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 Framingham on the effective date of this act,
or any portion or portions thereof, not inconsistent with the provisions of this
act shall continue to be in full force and effect until otherwise provided by
other laws, by-laws, votes, rules and regulations, respectively. Nothing
contained herein shall impair contractual rights established prior to the
adoption of this act.
SECTION 11. Any person holding a town office or
employment in the town on the effective date of this act shall retain such
office or employment, and shall continue to perform the duties of such office
or employment until provisions shall have been made for the performance of such
duties by another person or agency; provided, however, that the executive
administrator of said town on the effective date of this act shall continue in
said office until a town manager has been appointed pursuant to this act.
SECTION 12. The board of public works, the board of
health and the parks and recreation commission shall cease to be elective
offices upon acceptance of this act by the voters of the town of Framingham on
the effective date of this act. The incumbents in said offices shall continue
to serve for the balance of the term for which they have been elected and their
successors shall be appointed by the board of selectmen. The number of members,
the terms of office and the powers and duties of each such board and commission
shall remain as currently in effect, until changed in accordance with the
provisions of this act.
The department of
public works, the department of health and the parks and recreation department
shall continue to operate under the board of public works, the board of health,
and the parks and recreation commission, respectively, until a town manager has
been appointed at which time said departments shall operate under the
supervision of the town manager.
Until a person assumes
the position of town manager, the executive administrator shall continue to
perform the duties of executive administrator as currently defined. Within six
months of the effective date of this act, the board of selectmen shall appoint
a town manager. Upon the appointment of the town manager, the position of
executive administrator shall be abolished.
Within ninety days of
the effective date of this act, the selectmen shall call a special town
election to elect one additional selectman for a term expiring at the nineteen
hundred and ninety-eight annual election and one additional selectman for a
term expiring at the nineteen hundred and ninety-nine annual election.
SECTION 13. This act shall be submitted for acceptance
to the qualified voters of the town of Framingham at the next town election.
The vote shall be taken in precincts by ballot in accordance with the
provisions of the General Laws in answer to the question, which shall be placed
upon the official ballot to used at said meeting: "Shall an act passed by
the general court entitled, 'An Act Establishing a Board of Selectmen-Town
Manager Form of Government in the Town of Framingham', be accepted by this
town?" If a majority of the votes in answer to said question is in the
affirmative, said act shall take effect, but not otherwise.
SECTION 14. Chapter eight hundred
and sixteen of the acts of nineteen hundred and seventy-five is hereby
repealed.
SECTION 15. This act shall take
effect upon its passage.
Approved February 23,
1996.
1998
Acts, Chapter 333......................... Section
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