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HOUSE DOCKET, NO. 94845        FILED ON: 7/1/2010

HOUSE  .   .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4845

 

The Commonwealth of Massachusetts

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              Substituted by the House, on motion of Mr. Pedone of Worcester, for a bill with the same title (House, No. 4652).   July 1, 2010.

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The Commonwealth of Massachusetts
 

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In the Year Two Thousand and Nine

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An Act relative to the charter of the town of Franklin.


 

              Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

             

SECTION 1.   Paragraph 2-1-4 of section 1 of article two of the home rule charter of the town of Franklin, known as the “Franklin home rule charter”, which is on file in the office of the archivist of the commonwealth, as provided in section 12 of chapter 43B of the General Laws, is hereby amended by striking out the word “first” and inserting in place thereof the following word :- second .

SECTION 2.   Section 3 of said article two of said charter is hereby amended by striking out paragraphs 2-3-1 and 2-3-2 and inserting in place thereof the following paragraph:-

2-3-1 At the first council meeting following each regular t own election, the c ouncil shall choose from its membership a c hairman, v ice- c hairman, and c lerk each to serve for a 1 -year term of office. The c ouncil shall have the right to reorganize itself at any time during the year by a two-thirds vote of its membership to do so. The c hairman shall preside at meeting s of the c ouncil

and perform such other duties as provided by this c harter, by - law, or c ouncil vote. The v ice- c hairman shall act as c hairman during the absence or disability of the c hairman. The c lerk shall see that proper notice of all council meetings is given 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 c harter, by - law or other vote of the c ouncil.

SECTION 3.   Paragraph 2-4-3 of section 4 of said article two of said charter is hereby further amended by striking out the words “for a journal” and inserting in place thereof the following word :- minutes .

SECTION 4. Section 5 of said article two of said charter is hereby amended by striking out paragraph 2-5-1 and inserting in place thereof the following paragraph:-

2-5- 1 The t own c ouncil shall meet regularly at least on ce each month. Special meetings may be held at any time if called by the c hairman or by 4 members of the c ouncil, provided that for any special meeting at least 48 hours personal notice shall be given to each c ouncil member , except in case of an emergency . A l l c ouncil meetings shall be conducted in accordance with the open meeting provisions of the G eneral L aw s .

SECTION 5. Paragraph 2-6-4 of section 6 of said article two of said charter is hereby amended by inserting after the word “by-law the following words :- ,resolution, or other action .

SECTION 6. Paragraph 2-6-5 of said section 6 is hereby amended by striking out the word “journal” and inserting in place thereof the following word :- minutes .

SECTION 7.   Paragraph 3-1-1 of section 1 of article three of said charter is hereby amended in clause (a) by inserting after the word “for , in line 3, the following word :- concurrent .

SECTION 8.   Said article three of said charter is hereby further amended by striking out paragraph 3-1-2 and inserting in place thereof the following paragraph:-

3-1-2 Officers of the t own to be elected at large for a 4 -year term of office shall

be : (a) town clerk and (b) 3 c onstables.

SECTION 9.   Paragraph 3-3-2 of said article three is hereby amended by striking out the words “ , Town treasurer-collector”.

SECTION 10.   Paragraph 4-2-1 of section 2 of article four of said charter is hereby amended by inserting after the word “chief”, in line 1, the following words:- executive and .

SECTION 11. Said section 2 of said article four is hereby further amended by striking out paragraph 4-2-2 and inserting in place thereof the following paragraph:-

4-2- The a dministrator shall hold no elective or other 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 engage in no other business or occupation without the advance written authorization of the c ouncil .

SECTION 12. Paragraph 4-2-3 of said section 2 of said article four is hereby amended by striking out clauses (g) and (h) and inserting in place thereof the following clauses:-

(g) be responsible for all aspects of the personnel system, (h) serve as chief procurement officer;

SECTION 13.   Said section 2 is hereby further amended by striking out paragraph 4-2-5 and inserting in place thereof the following paragraph:-

4-2-5 Subject to ratification by the t own council, the a dministrator shall have the

power to appoint , on the basis of merit and fitness alone: (a) a f ire c hief, a

p olice c hief, a d irector of p ublic w orks, a t own comptroller , a t own attorney , a l ibrary d irector, and 3 registrars of voters; (b) 5 members of a board of library trustees, 9 members of a c ouncil on a ging, 7 members of a c onservation c ommission, 7 members of an h istoric c ommission and

3 members of a z oning b oard of a ppeals, all for 3 -year overlapping terms of office; (c) 4 members of a housing a uthority , all for 5 -year overlapping terms of office with the fifth

member to be appointed under the authority of the c ommonwealth; and (d) members of such other boards, commissions and committees as are authorized by the G eneral L aw s , this c harter or

by - law and for whom appointment is not otherwise provided.

SECTION 14. Said section 2 is hereby further amended by adding the following paragraph:-

4-2-6 Subject to ratification by the town council, the town administrator shall also appoint, on the basis of merit and fitness alone, a treasurer-collector.

SECTION 15.   Section 4 of said article four is hereby amended by striking out paragraph 4-4-1 and inserting in place thereof the following 2 paragraphs:-

4-4- 1 The t own c ouncil may designate a qualified person to serve as a cting town a dministrator and to perform the duties of the office for up to 21 days on account of  the town a dministrator s temporary absence or unavailability.

4-4-2 The t own c ouncil may designate a qualified person to serve as a cting t own a dministrator 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 his illness, suspension, removal or resignation. The appointment shall be for a period not to exceed 1 8 0 days, but such appointment may be extended for 2 additional 9 0 - day periods by vote of the c ouncil.

SECTION 16.   Paragraph 6-2-1 of section 2 of article six of said charter is hereby amended by striking out the first sentence and inserting in place thereof the following sentence :- A f inance c ommittee of 9 members shall be appointed by the t own c ouncil for staggered 3 -year terms of office.

SECTION 17.   Said paragraph 6-2-1 is hereby further amended by striking out the word “Accountant” and inserting in place thereof the following word :- comptroller .

SECTION 18.   Said section 2 of said article six is hereby further amended by striking out paragraph 6-2-2 and inserting in place thereof the following paragraph:-

6-2- 2  For its initial appointment of a finance committee, the town council shall appoint 3 members for a 3-year term, 3 members for a 2-year term, and 3 members for a 1-year term; thereafter the town council shall annually appoint 3 members for a 3-year term.  Vacancies on the finance committee shall be filled promptly by the council for the unexpired term. 

SECTION 19.   Section 5 of said article six is hereby amended by striking out paragraph 6-5-1 and inserting in place thereof the following paragraph:-

6-5- The proposed budget shall provide a complete financial plan for all t own funds and activities, including the proposed s chool department budget of the ensuing year.

Except for the school budget or as may be required by g eneral l aw, it shall be in such form as the t own a dministrator deems desirable .

SECTION 20.   Section 6 of said article six is hereby amended by striking out paragraph 6-5-2 and inserting in place thereof the following paragraph:-

6-5- 2 In submitting the proposed budget, the t own a dministrator shall utilize modern fiscal principals 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 to: the previous, current and ensuing years, and shall indicate separately: proposed expenditures for 50th current operations and capital projects during the ensuing year, detailed by department , purpose and position, together with proposed financing methods .

SECTION 21. Paragraph 6-6-1 of said section 6 of said article six is hereby amended by

inserting after the word “ the ”, i n line 2, the following words:- town administrator”s .

SECTION 22. Paragraph 6-7-1 of said section 6 of said article six is hereby amended by striking out , in line 3 , the word “six” and by striking out, in lines 6 and 7, the word “six (6)” and inserting in place thereof , in each instance, the following figure:-  5 .

SECTION 23.   Paragraph 7-4-1 of section 4 of article seven of said charter is hereby amended by striking out the words “a journal” and inserting in place thereof the following word :- minutes .

SECTION 24. Section 7 of said article seven is hereby amended by striking out paragraphs 7-7-1 to 7-7-5, inclusive.

SECTION 25. Article eight of said charter is hereby amended by striking out section 1.

SECTION 26.   The incumbent holding the office of treasurer-collector upon the effective date of this act shall retain his office and continue to serve until the expiration of his elected term of office or his resignation, whichever occurs first, but this position shall thereafter be filled by appointment as provided in paragraph 4-2-6 of section 2 of article four.

SECTION 27.   The state secretary shall cause the following two questions to be placed on the

official ballot to be used in the Town of Franklin at the biennial state election to be held on

November 2, 2010:

1. Shall an act passed by the General Court in the year 2010 entitled "An Act

Relative to the Charter of the Town of Franklin" be accepted?

2. Shall the Town Treasurer-Collector be appointed, as provided in Sections 7,

8, 13, and 24 of said act, rather than elected?

followed by the summaries required by s ection 58A of c hapter 54 of the General Laws, which

the t own a ttorney shall ensure that the state secretary receives no later than September 3,

2010.

S ECTION 28.   Sections 27 and 2 8 of this act shall take effect upon its passage.

SECTION 29. Sections 1 to 7 , inclusive, sections 10 to 1 3 , inclusive, and sections 1 5 to 2 5 , inclusive, shall take effect upon acceptance by a majority of the voters of the t own voting in the affirmative on the first ballot question specified in s ection 2 7 , but not otherwise.

SECTION 30.   Sections 8 , 9 , 1 4 , and 2 6 shall take effect upon acceptance by a majority of the voters of the t own voting in the affirmative on the second ballot question specified in s ection 2 7 , but not otherwise. .

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