SHORT TITLE; DEFINITIONS
The inhabitants of the town of Framingham, within the territorial
limits established by law, shall continue to be a municipal corporation,
a body corporate and politic, under the name "City of Framingham."
1-2: SHORT TITLE
This instrument shall be known and may be cited as the Framingham
Home Rule Charter.
1-3: DIVISION OF POWERS
The administration of the fiscal, prudential and municipal affairs
of Framingham, with the government thereof, shall be vested in
an executive/administrative branch headed by a mayor, and a legislative
branch to consist of a city council. The legislative branch shall
never exercise any executive/administrative power and the
branch shall never exercise any legislative power.
1-4: POWERS OF THE CITY
Subject only to express limitations on the exercise of any power
or function by a municipal government in the constitution or general
laws of the Commonwealth, it is the intention and the purpose
of the voters of Framingham through the adoption of this charter
to secure for themselves and their government all of the powers
it is possible to secure as fully and as completely as though
each such power were specifically and individually enumerated
The powers of the city of Framingham under this charter are to
be construed liberally in favor of the city, and the specific
mention of any particular power is not intended to limit the general
powers of the city as stated in section 1-4.
1-6: INTERGOVERNMENTAL RELATIONS
Subject only to express limitations in the constitution or general
laws of the Commonwealth, Framingham may exercise any of its powers
or perform any of its functions, and may participate in the financing
thereof, jointly or in cooperation, by contract or otherwise,
with the Commonwealth or any agency or political sub-division
thereof, or with the United States government or any agency thereof.
Unless another meaning is clearly apparent from the manner in
which the word or phrase is used, the following words and phrases
as used in this charter shall have the following meanings:
( i) General Laws - The words "General Laws"
(initial letter of each word in upper case letters) shall mean
the General Laws of the Commonwealth of Massachusetts, a codification
and revision of statutes enacted on December 22, 1920, and including
all amendments thereto subsequently adopted.
( j) Initiative Measure - The words "initiative measure"
shall mean a measure proposed by the voters through the initiative
process provided under this charter.
(k) Local Newspaper - The words "local newspaper"
shall mean a newspaper of general circulation within Framingham,
with either a weekly or daily circulation.
( l) Majority Vote - The words "majority vote"
when used in connection with a meeting of a multiple member body
shall mean a majority of those present and voting, unless another
provision is made by ordinance, by law, or by its own rules.
2-1 COMPOSITION, TERM OF OFFICE
2-2 COUNCIL PRESIDENT
No member of the city council shall hold any other city office
or city employment for which a salary or other emolument is payable
from the city treasury. No former member of the city council shall
hold any compensated appointed city office or appointed city employment
until one year following the date on which such former member's
service on the city council has terminated.
2-4 COMPENSATION, EXPENSES
2-5 GENERAL POWERS
Except as otherwise provided by general law or by this charter,
all powers of the city shall be vested in the city council which
shall provide for their exercise and for the performance of all
duties and obligations imposed upon the city by law.
2-6 EXERCISE OF POWERS; QUORUM; RULES
its recommendations to the full council.
2-7 ACCESS TO INFORMATION
2-8 OFFICERS ELECTED BY CITY COUNCIL
2-9 ORDINANCES AND OTHER MEASURES
2-10 COUNCIL REVIEW OF CERTAIN APPOINTMENTS
The mayor shall submit to the city council the name of each person
the mayor desires to appoint to any city office, as a department
head, or as a member of a multiple-member body, but not including
any position which is subject to the civil service law. The city
council shall refer each such name as is submitted to it to a
standing committee of the city council which shall investigate
each such candidate for appointment and may make a report, with
recommendations, to the full city council not less than seven
nor more than twenty-one days following such referral. The
committee may require any person whose name has been referred
to it to appear before the committee, or before the city council,
to give such information relevant to such appointment as the committee,
or the city council, may require.
Appointments made by the Mayor shall become effective on the thirtieth
day following the date on which notice of the proposed appointment
was filed with the clerk of the council, unless the city council
shall within the said thirty days vote to reject such appointment,
or unless the city council has sooner voted to affirm the appointment.
Rejection by the city council shall require a two-thirds vote
of the full council. The question on rejection of any appointment
made by the mayor shall not be subject to the procedure of charter
objection provided in section 2-9 (b) of this charter.
2-11 FILLING OF VACANCIES
3-1: MAYOR: QUALIFICATIONS; TERM OF OFFICE;
3-2: EXECUTIVE POWERS; ENFORCEMENT OF
The executive powers of the city shall be vested solely in the
mayor, and may be exercised by the mayor either personally or
through the several city agencies under the general supervision
and control of the office of the mayor. The mayor shall cause
the charter, the laws, the ordinances and other orders for the
government of the city to be enforced, and shall cause a record
of all official acts of the executive branch of the city government
to be kept.
The mayor shall exercise a general supervision and direction over
all city agencies, unless otherwise provided by law, by the charter
or by ordinance. Each city agency shall furnish to the mayor,
forthwith upon request, any information, materials or otherwise
as the mayor may request and as the needs of the office of mayor
and the interest of the city may require.
The mayor shall supervise, direct and be responsible for the efficient
administration of all city activities and functions placed under
the control of the mayor by law, by this charter, by ordinance
or otherwise. The mayor shall be responsible for the efficient
and effective coordination of the activities of all agencies of
the city of Framingham and for this purpose shall have authority
consistent with law, to call together for consultation, conference
and discussion at reasonable times all persons serving the city,
whether elected directly by the voters, chosen by persons elected
directly by the voters, or otherwise.
The mayor shall be, by virtue of the office, a member of the school
committee and of every other multiple member body in the administrative
branch of the city government. The mayor shall have a right, as
such ex officio member, to attend any meeting of the school committee
and of any other multiple member body of the city, at any time,
including, so called, executive sessions, to participate in the
discussions, to make motions and to exercise every other right
of a regular member of such body, but not including the right
to vote. This paragraph shall not be construed to include committees
of the city council or any other multiple member body in the legislative
branch of the city government.
3-3: APPOINTMENTS BY THE MAYOR
The mayor shall appoint, subject to the review of such appointments
by the city council as provided in section 2-10, all city officers,
department heads and the members of multiple-member bodies for
whom no other method of appointment or selection is provided by
the charter, excepting only persons serving under the school committee,
and persons serving under the city council. Except as may otherwise
be required by the civil service law, appointments made by the
mayor shall be for periods not to exceed three years. All persons
categorized as department heads shall, subject to the consent
of the mayor, appoint all assistants, subordinates and other employees
of the agency for which such person is responsible.
3-4: REMOVAL OR SUSPENSION OF CERTAIN OFFICIALS
The mayor may, in writing, remove or suspend any city officer,
or the head of any city department appointed by the mayor by filing
a written statement, with the city clerk, setting forth in precise
detail the specific reasons for such removal or suspension. A
copy of the written statement shall be delivered in hand, or mailed
by certified mail, postage prepaid, to the last known address
of the said city officer, or head of a department. The said city
officer, or head of a department may make a written reply by filing
such a reply statement, with the city clerk, within ten days following
the date the statement of the mayor has been filed; but, such
reply shall have no effect upon the removal or suspension unless
the mayor shall so determine. The decision of the mayor in suspending
or removing a city officer or a department head shall be final,
it being the intention of this provision to vest all authority
and to fix all responsibility for such suspension or removal solely
in the mayor. The removal shall take effect on the thirtieth day
following the date of filing in the office of the city clerk the
notice of removal by the mayor.
The mayor may suspend or remove any other person appointed by
the mayor by following, substantially, the procedures established
in section 8-9.
A department head may suspend or remove any assistant, subordinate
or other employee of the agency for which such person is responsible
in accordance with the procedures established in section 8-9.
The decision of the department head to suspend or remove any assistant,
subordinate or other employee shall be subject to review by the
mayor. A person for whom a department head has determined a suspension
or removal is appropriate may seek review of such determination
by the mayor by filing a petition for review, in the office of
the mayor, in writing, within ten days following receipt of notice
of such determination. The review by the mayor shall follow the
procedures of section 8-9. The decision of the mayor shall be
final, it being the intention of this provision to vest all authority
and to fix all responsibility for such suspension or removal solely
in the mayor. Nothing in this section shall be construed to be
a bar to any other review as may be provided by law.
3-5: TEMPORARY APPOINTMENTS TO CITY OFFICES
Whenever a vacancy, either temporary or permanent, occurs in a
city office and the needs of the city require that such office
be filled, the mayor may designate the head of another city agency
or a city officer or city employee, or some other person to perform
the duties of the office on a temporary basis until such time
as the position can be filled as otherwise provided by law, by
the charter or by ordinance. The mayor shall file a certificate
in substantially the following form, with the city clerk, whenever
a person is designated under this section:
I designate (name of person) to perform the duties of the office
of (designate office in which vacancy exists) on a temporary basis
until the office can be filled by (here set out the regular procedure
for filling the vacancy, or when the regular officer shall return).
I certify that said person is qualified to perform the duties
which will be required and that I make this designation solely
in the interests of the city of Framingham.
Persons serving as temporary officers under the authority of this
section shall have only those powers of the office indispensably
essential to the performance of the duties of the office during
the period of such temporary appointment and no others. No temporary
appointment shall be for more than thirty days and not more than
one renewal of a temporary appointment may be made when a permanent
vacancy exists in the office.
3-6: COMMUNICATIONS; SPECIAL MEETINGS
3-7 APPROVAL OF MAYOR, EXCEPTION (VETO)
Every order, ordinance, resolution or vote adopted or passed by
the city council relative to the affairs of the city, except memorial
resolutions, the selection of city officers by the city council
and any matters relating to the internal affairs of the city council,
shall be presented to the mayor for approval. If the mayor approves
of the measure the mayor shall sign it; if the mayor disapproves
of the measure, the mayor shall return the measure, with the specific
reason or reasons for such disapproval attached thereto, in writing,
to the city council. The city council shall enter the objections
of the mayor on its records, and not sooner than ten days, nor
after thirty days from the date of its return to the city council,
shall again consider the same measure. If the city council, notwithstanding
such disapproval, by the mayor, shall again pass the order, ordinance,
resolution or vote by a two-thirds vote of the full council, it
shall then be deemed in force, notwithstanding the failure of
the mayor to approve the same. If the mayor has neither signed
a measure nor returned it to the city council within ten days
following the date it was presented to the mayor, the measure
shall be deemed approved and in force.
3-8 TEMPORARY ABSENCE OF THE MAYOR
The mayor may authorize any subordinate officer or employee of
the city to exercise any power or perform any function or any
duty which is assigned by this charter, or otherwise, to the mayor
and the mayor may rescind or revoke any such authorizations previously
made, provided, however, that all acts performed under any such
delegation of authority during such period of authorization shall
be and remain the acts of the mayor. Nothing in this section shall
be construed to authorize a mayor to delegate the power of appointment
to city office or employment or to sign or return measures approved
by the city council.
3-10 VACANCY IN OFFICE OF MAYOR
4-1 SCHOOL COMMITTEE
4-2 SCHOOL COMMITTEE CHAIR
No member of the school committee shall hold any other city office
or city employment for which a salary or other emolument is payable
from the city treasury. No former member of the school committee
shall hold any compensated appointed city office or city employment
until one year following the date on which such member's
service on the school committee has terminated.
The school committee shall have all powers which are conferred
on school committees by general laws and such additional powers
and duties as may be provided by the charter, by ordinance, or
otherwise and not inconsistent with said grant of powers conferred
by general laws. The powers and duties of the school committee
shall include the following:
The school committee shall have general charge and superintendence
of all school buildings and grounds and shall furnish all school
buildings with proper fixtures, furniture and equipment. The school
committee shall provide ordinary maintenance of all school buildings
and grounds; provided, however, the city council may, by ordinance,
provide for the establishment of a central municipal maintenance
department which may include maintenance of school buildings and
grounds. Whenever the school committee shall determine that additional
classrooms are necessary to meet the educational needs of the
community, at least one member of the school committee, or a designee
of the school committee, shall serve on the agency, board or committee
to which the planning or construction of such new, remodeled or
renovated school building is delegated.
If a vacancy shall occur in the office of school committee member
at any time during the term of office the remaining members of
the school committee shall forthwith give written notice of such
vacancy to the city council and shall request a joint meeting
of the school committee and the city council at which such vacancy
shall be filled. The council president shall preside at a joint
convention of the school committee and the city council at which
such vacancy shall be filled. A majority of the votes of the joint
membership, taken by roll call vote, shall be necessary to elect
5-1: ORGANIZATION OF CITY AGENCIES
The organization of the city into operating agencies for the provision
of services and the administration of the government may be accomplished
through either of the methods provided in this article.
5-2: EXECUTIVE DEPARTMENTS
The mayor and city council shall from time to time provide for
the grouping of city agencies into convenient units for the delivery
of municipal services.
All appointments and promotions of city officers and employees
shall be made on the basis of merit and fitness demonstrated by
examination, past performance, or by other evidence of competence
and suitability. Each person appointed to fill an office or position
shall be a person especially fitted by education, training and
previous work experience to perform the duties of the office or
position for which chosen.
In addition to the city council as provided in section 2-1, the
mayor as provided in section 3-1 and the school committee as provided
in section 4-1, the voters shall elect a board of trustees of
the public library and a board of trustees of Edgell Grove Cemetery,
AND FISCAL PROCEDURES
6-1: FISCAL YEAR
The fiscal year of the city shall begin on the first day of July
and shall end on the last day of June, unless another period is
required by general law.
6-2: SCHOOL COMMITTEE BUDGET
6-3: SUBMISSION OF BUDGET AND BUDGET MESSAGE
Within the time fixed by law, before the start of the fiscal year
of the city, the mayor shall submit to the city council a proposed
operating budget for the ensuing fiscal year with an accompanying
budget message and supporting documents. The mayor shall simultaneously
provide for the publication in a local newspaper of a notice and
a general summary of the proposed budget. The summary shall specifically
indicate any major variations from the current operating budget
and the reason for such changes. The notice shall further indicate
the times and places at which complete copies of the proposed
operating budget for the city are available for examination by
6-4: BUDGET MESSAGE
The budget message of the mayor shall explain the budget for all
city agencies both in fiscal terms and in terms of work programs.
It shall outline proposed financial policies of the city for the
ensuing fiscal year, describe important features of the budget,
indicate any major variations from the current fiscal year in
financial policies, expenditures and revenues together with the
reasons for such changes, summarize the city's debt position and
include other material as the mayor deems desirable, or as may
be required by the provisions of a city ordinance. The mayor's
budget message shall be prepared based on data and other information
provided to the mayor by the chief financial officer of the city.
6-5: THE BUDGET
The proposed operating budget shall provide a complete financial
plan for all city funds and city activities for the ensuing fiscal
year. Except as may otherwise be required by general law, or this
charter, it shall be in the form which the mayor deems desirable
or as a city ordinance may require. In the presentation of the
budget, the mayor shall utilize modern concepts of fiscal presentation
so as to furnish an optimum level of information and the best
financial control. The budget shall show in detail all estimated
income from the proposed property tax levy and from all other
sources and all proposed expenditures, including debt service,
for the following year. The budget shall be arranged to show the
actual and estimated income and expenditures for the previous,
current and ensuing fiscal years and shall indicate in separate
The proposed budget submitted by the mayor shall be prepared based
on data and other information provided to the mayor by the chief
financial officer of the city.
6-6: ACTION ON THE BUDGET
6-7: SUPPLEMENTARY BUDGETS, OTHER
6-8: CAPITAL IMPROVEMENT PROGRAM
The mayor shall submit a capital improvement program to the city
council at least one hundred fifty days before the start of each
fiscal year. It shall include:
This information is to be annually revised by the mayor with regard
to the capital improvements still pending or in the process of
being acquired, improved or constructed.
The mayor shall annually prepare and up-date a projection of municipal
revenue and expenditures for each of the ten fiscal years next
ensuing. The projection shall include, but need not be limited
to, an identification of each factor which the mayor believes
is likely to have an impact on the financial condition of the
city during such period, revenue trends in state distributions
and in local receipts, potential sources of new or expanded revues,
new or expanded cost items, a summary statement of the fiscal
condition of the city at the end of each year during the period
reported on and a recommendation for actions to be taken to minimize
any adverse affects upon the city and to maximize favorable trends.
6-10: INDEPENDENT AUDIT
The city council shall annually provide for an outside audit of
the books and accounts of the city to be made by a certified public
accountant, or a firm of certified public accountants.
ELECTION RELATED MATTERS
7-1: CITY ELECTIONS
The regular city election shall be held on the first Tuesday following
the first Monday in November in each odd numbered year. A preliminary
election shall be held not less than four nor more than six weeks
prior to the general election on a Tuesday chosen by the city
clerk, with the approval of the city council, so as not to conflict
with any civil or religious holiday.
7-3: BALLOT POSITION
The order in which names of candidates appear on the ballot for
each office at the general election shall be determined by a drawing,
by lot, conducted by the city clerk which shall be open to the
The territory of the city shall be divided into eight districts
so established as to consist of compact and contiguous territory,
bounded insofar as possible by the center line of known streets
or ways or by other well-defined limits. Each such district shall
be composed of voting precincts otherwise established in accordance
with general laws. The city council shall from time to time, but
at least once in each ten years, review such districts to insure
their uniformity in number of inhabitants.
7-5: APPLICATION OF STATE GENERAL LAWS
Except as expressly provided in this charter and authorized by
law, all city elections shall be governed by the laws of the commonwealth
relating to the right to vote, the registration of voters, the
nomination of candidates, the conduct of preliminary, general
and special elections, the submission of charters, charter amendments
and other propositions to the voters, the counting of votes, the
recounting of votes, and the determination of results.
7-6: PETITIONS TO COUNCIL OR SCHOOL COMMITTEE
The city council or the school committee shall hold a public hearing
and act with respect to every petition which is addressed to it,
which is signed by one hundred voters, or more, and which seeks
the passage of a measure. The hearing shall be held by the city
council or the school committee, or, in either case, by a committee
or sub-committee thereof, and the action by the city council or
the school committee shall be taken not later than three months
after the petition is filed with the clerk of the council or the
secretary of the school committee as may be appropriate. Hearings
on two or more petitions filed under this section may be held
on the same date and at the same time place. The clerk of the
council or the secretary of the school committee shall mail notice
of the hearing to the ten persons whose names appear first on
the petition at least forty-eight hours before the hearing. Notice,
by publication in a local newspaper not less than seven nor more
than fourteen days prior to the date set for the public hearing
shall be at public expense.
7-7: CITIZEN INITIATIVE MEASURES
7-8: CITIZEN REFERENDUM PROCEDURES
- Certain Initiative Provisions to Apply - The
petition described in this section shall be termed a referendum
petition and insofar as applicable Section 7-8(a) describing the
manner in which a petition is prepared and filed, 7-8(b) providing
for referral to the city solicitor for a legal opinion, 7-8(f)
providing for publication of the text of the measure and 7-8(g)
providing for the form of ballot question shall apply to such
referendum petitions, except that the words "measure or part
thereof protested against" shall be deemed to replace the
word "measure" in said sections wherever it may occur
and the word "referendum" shall be deemed to replace
the word "initiative" wherever it may occur in said
7-9: INELIGIBLE MEASURES
None of the following shall be subject to the initiative or the
referendum procedures: (1) proceedings relating to the internal
organization or operation of the city council or of the school
committee, (2) an emergency measure adopted in conformity with
the charter, (3) the city budget or the school committee budget
as a whole, (4) revenue loan orders, (5) any appropriation for
the payment of the city's debt or debt service, (6) an appropriation
of funds to implement a collective bargaining agreement, (7) proceedings
relating to the election, appointment, removal, discharge, employment,
promotion, transfer, demotion, or other personnel action, (8)
any proceedings repealing or rescinding a measure or part thereof
which is protested by referendum procedures, and (9) any proceedings
providing for the submission or referral to the voters at an election.
7-10: SUBMISSION OF OTHER MATTERS TO VOTERS
The city council may of its own motion, and shall at the request
of the school committee if a measure originates with that body
and pertains to affairs under its jurisdiction, submit to the
voters at any regular city election for adoption or rejection
any measure in the same manner and with the same force and effect
as are hereby provided for submission by petitions of voters.
7-11: CONFLICTING PROVISIONS
If two or more measures passed at the same election contain conflicting
provisions, only the one receiving the greatest number of affirmative
votes shall take effect.
7-12: RECALL ELECTIONS
The provisions of this charter are severable. If any provision
of this charter is held invalid, the other provisions shall not
be affected thereby. If the application of this 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.
To the extent that any specific provision of this charter may
conflict with any other provision expressed in general terms,
the specific provision shall prevail.
A copy of all rules and regulations adopted by city agencies shall
be placed on file in the office of the city clerk and shall be
available for review by any person who requests such information
at any reasonable time. No rule or regulation adopted by any city
agency shall become effective until five days following the date
it is so filed.
The city council shall provide, in each year ending in a five
or in a zero, for a review of all ordinances of the city for the
purpose of determining if any amendments or revisions may be necessary
or desirable. Such review shall be conducted under the supervision
of the city counsel, or, if the city council so directs, by special
counsel appointed for that purpose. A report, with recommendations,
shall be submitted within the said year.
Every person who is elected, including those elected by the city
council, or appointed to an office of the city shall receive a
certificate of such election or appointment from the city clerk.
Except as otherwise provided by law, before performing any act
under an appointment or election all such persons shall take and
subscribe to an oath of office and be sworn to the faithful performance
of their duties.
The councilors-elect, and school committee members-elect shall,
on the first secular day in January of each even-numbered year
at twelve o'clock noon, meet and be sworn to the faithful discharge
of their duties. The mayor, or mayor-elect shall preside at such
joint session. In years following the election of the mayor the
oath shall first be administered to that officer by the city clerk,
or by a judge of a court of record, or by a justice of the peace.
The oath may be administered to the members of the city council
and the school committee by the mayor, after the mayor has been
duly sworn, or by any of the above named officials. A certificate
that said oath or oaths have been taken shall be entered in the
journal of the city council.
In case of the absence of the mayor-elect, or any member-elect
of the city council or school committee on said day the oath of
office may at any time thereafter be administered to such person
who for any reason shall not have taken the oath on the day named.
All such oaths subsequently taken shall be entered in the journal
of the city council.
After the oath has been administered to the councilors present,
they shall organize by the election of a president and a vice-president,
as provided in section 2-2. The president shall be sworn by the
city clerk, or, in the case of the absence of the city clerk,
by any justice of the peace.
After the oath has been administered to the school committee members
present, they shall organize by the election of a chair and a
vice-chair, as provided in section 4-2. The chair shall be sworn
by the city clerk, or, in the case of the absence of the city
clerk, by any justice of the peace.
Any appointed city officer, member of a multiple member body or
employee of the city, not subject to the provisions of the civil
service law, or covered by the terms of a collective bargaining
agreement which provides a different method, and whether appointed
for a fixed or an indefinite term, may be suspended or removed
from office by the appointing authority for good cause. The term
cause shall include, but not be limited to the following:
incapacity other than temporary illness, inefficiency, insubordination
and conduct unbecoming the office.
Any appointed city officer, member of a multiple member body or
employee of the city may be suspended from office by the appointing
authority if such action is deemed by the appointing authority
to be necessary to protect the interests of the city. However,
no suspension shall be for more than fifteen (I5) days. Suspension
may be conterminous with removal and shall not interfere with
the rights of the officer or employee under the removal procedure
The appointing authority when removing any city officer, member
of a multiple member body or employee of the city shall act in
accordance with the following procedure:
Nothing in this section shall be construed as granting a right
to such a hearing to a person who has been appointed for a fixed
terms when that term of office expires and such person is not
reappointed for another term of office.
All general laws, special laws, town by-laws, town meeting
votes, and rules and regulations of or pertaining to Framingham
that are in force when this charter takes effect, and not specifically
or by implication repealed hereby, shall continue in full force
and effect until amended or repealed, or rescinded by due course
of law, or until they expire by their own limitation.
In any case in which the provisions of this charter are found
to be inconsistent with the provisions of any general or special
law which would otherwise be applicable, the provisions of this
charter shall be deemed to prevail. Every inconsistency between
the prior law and this charter shall be decided in favor of this
SECTION 9-2 CONTINUATION OF GOVERNMENT
All city agencies shall continue to perform their duties until
re-elected, re-appointed, or until successors to their respective
positions are duly appointed or elected, or until their duties
have been transferred and assumed by another city agency.
All records, property and equipment whatsoever of any city agency,
or part thereof, the powers and duties of which are assigned in
whole or in part to another city agency, shall be transferred
forthwith to such agency.
Any person holding a town office, or a position in the administrative
service of the town, or any person holding full time employment
under the town of Framingham, shall retain such office, or position,
or employment, and shall continue to perform the duties of such
office, position or employment until provision shall have been
made for the performance of those duties by another person or
agency; provided, however, no person in the permanent full time
service of the town of Framingham shall forfeit their pay grade,
or time in service of the town. All such persons shall be retained
in a capacity as similar to the capacity in which they were serving
at the time this charter is adopted as is practicable and any
reduction in the personnel needs of the city shall be accomplished
through a policy of attrition, unless specific provision is otherwise
made in this article.
All official bonds, recognizances, obligations, contracts, and
other instruments entered into or executed by or to the city before
the adoption of this charter, and all taxes, assessments, fines,
penalties, forfeitures, incurred or imposed, due or owing to the
city, shall be enforced and collected, and all writs, prosecutions,
actions and causes of action, except as herein otherwise provided,
shall continue without abatement and remain unaffected by the
charter; and no legal act done by or in favor of the city shall
be rendered invalid by reason of the adoption of this charter.
This charter shall take effect upon its ratification by the voters
and in accordance with the following schedule:
Chief Financial Officer
SECTION 1. There is hereby established a department of finance
which shall be responsible for the overall management and administration
of the city's financial operations and services. The department
of finance shall be under the direction of a chief financial officer,
hereinafter referred to as the CFO, who shall be responsible to
SECTION 2. The mayor shall, subject to the provisions of charter
section 2-10, appoint the CFO for a term of three years. The mayor
may, subject to charter section 3-4, remove the CFO from office,
SECTION 3. The CFO shall be a person qualified in accordance with
any applicable city ordinance and especially suited by education,
training and experience to perform the duties of the office. The
CFO shall devote full time to the duties of this position and
shall not engage in any other business or occupation except as
otherwise permitted in this ordinance.
SECTION 4. The department of finance shall assume and be responsible
for the functions and statutory duties of the offices of city
auditor, city treasurer/collector, chief procurement officer,
and city assessors and their respective departments, each of which
shall become a division within the department of finance.
SECTION 5. The responsibilities and duties of said CFO shall include
- to coordinate and manage the citywide annual operating and
capital budget process for all city departments, officers, boards,
committees and commissions, in cooperation with those entities;
- to compile and coordinate for all city departments, officers,
boards, committees and commissions their operating and capital
budgets, and present budget recommendations to the mayor;
- to receive, evaluate and provide to the mayor recommendations
with respect to all requests for supplemental appropriations.;
- to prepare and maintain longterm financial forecasts; including
revenue expectations, future implications of operating budget
program decisions and capital budget programs related to infrastructure
maintenance, improvement and expansion;
- to manage the financing and refinancing processes of the city,
including financing strategies to maximize future flexibility
relative to longterm capital expenditure forecasts;
- to monitor actual line item income and expense information
for all city departments and prepare financial and statistical
reports relative to approved operating and capital budgets;
- to advise all city officers, departments, boards, committees
and commissions on financial and financing implications of operational
- to report to the mayor annually, in writing, upon the financial
condition of the city and the administration of the city's financial
SECTION 6. The various city officers, departments, boards, committees
and commissions charged with the expenditure of city funds shall,
not later than November fifteenth of each year, or at such other
time as directed by said CFO, prepare and submit to said CFO detailed
estimates of the amounts deemed by them to be necessary for the
administration of their respective duties for the ensuing fiscal
year and for capital items to be considered for the ensuing fiscal
year and future years, with explanatory statements of the reasons
for the amounts requested. The specific format and categories
of this information shall be as directed by said CFO, with the
approval of the mayor.
SECTION 7. Said CFO shall present to the mayor, not less than
sixty days prior to the start of the fiscal year, recommendations
on the detailed estimates of all revenues, the operating and capital
expenditures for the administration of all city departments, boards,
committees and commissions. Said CFO shall present to the capital
budget committee, not less than ninety days prior to the start
of the fiscal year, recommendations for annual capital projects
covering a period of six years for all city departments, boards,
committees and commissions. Said CFO shall present recommendations
as to the sources from which such appropriations shall be funded.
SECTION 8. Said CFO may also be appointed by the mayor to serve
concurrently in any one of the following positions: chief assessor;
city treasurer/collector; city accountant; or chief procurement
officer; provided, however, that the CFO satisfies all of the
job requirements established for any such position.
SECTION 9. Each request made by any city officer, department,
board, committee or commission for a supplementary appropriation
shall, prior to submission to the mayor, be submitted to said
CFO who shall prepare an evaluation and recommendation regarding
each such request.
AN ACT validating and confirming the provisions of a home rule
charter adopted by the voters of framingham
Be it enacted, etc.
The home rule charter adopted by the voters of Framingham at the
regular town election held in the current year is hereby ratified
and confirmed. The provisions of the said charter providing for
the biennial, coterminous election of the members of the city
council are expressly declared not to be inconsistent with the
provisions of section twenty of chapter forty-three B of the General
Laws. The provisions of the said charter providing for the preparation,
review and adoption of an annual operating budget and amendments
thereto are expressly declared not to be inconsistent with the
provisions of sections thirty-two through thirty-three B of chapter
forty-four of the General Laws.
This act shall take effect upon its passage.