In the Year One Thousand Nine Hundred and Ninety-six
AN ACT ESTABLISHING A BOARD OF SELECTMEN-TOWN MANAGER FORM OF GOVERNMENT IN THE TOWN OF FRAMINGHAM
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. 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, or 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.
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:-
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:-
SECTION 9. The administrative powers, duties and responsibilities of the
town manager shall include, but not be limited to, the following:
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.
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.
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