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Article I

General Provisions Applicable to All Permanent Officers, Boards and Committees of the Town

Section 1.     Permanent Officers, Boards and Committees

1.1     The Town shall have the following positions elected by the Town or appointed by the indicated authority for stated terms:

OfficerElected/AppointedAppointing AuthorityTerm of Office
Town ClerkElected-Three Years
ModeratorElected-One Year
Town CounselAppointedBoard of SelectmenThree Years
Town ManagerAppointedBoard of SelectmenThree Years
Chief Financial OfficerAppointedTown Manager with approval of the Board of SelectmenThree Years
Chief of PoliceAppointedTown Manager with concurrence of Board of SelectmenIndefinite
Fire ChiefAppointedTown Manager with concurrence of Board of SelectmenIndefinite
Human Resources DirectorAppointedTown Manager with concurrence of Board of SelectmenThree Years
Town AccountantAppointedChief Financial Officer with approval of the Town ManagerThree Years
Treasurer-CollectorAppointedChief Financial Officer with approval of the Town ManagerThree Years
Town Assessors (Three)Appointed (One Each Year)Chief Financial Officer with approval of the Town ManagerThree Years
Purchasing AgentAppointedChief Financial Officer with approval of the Town ManagerThree Years
Director of Civil DefenseAppointedTown ManagerIndefinite
Building CommissionerAppointedTown ManagerThree Years
Planning DirectorAppointedTown ManagerThree Years
Town EngineerAppointedTown ManagerThree Years
Assistant Town EngineerAppointedTown ManagerIndefinite
Sealer of Weights and MeasuresAppointedTown ManagerIndefinite
Director of Parks and RecreationAppointedTown ManagerIndefinite
Director of Veterans Benefits and ServicesAppointedTown ManagerThree Years
Director of Public HealthAppointedTown ManagerIndefinite
Executive Administrator for Human RelationsAppointedTown ManagerIndefinite
Director of Public WorksAppointedTown ManagerThree Years
Director of Management Information ServicesAppointedTown ManagerThree Years
Tree WardenAppointedTown ManagerThree Years
Animal Control OfficerAppointedTown ManagerIndefinite
Director of Town-Owned BuildingsAppointedTown ManagerThree Years
Conservation AdministratorAppointedTown ManagerThree Years
Fair Housing OfficerAppointedTown ManagerThree Years
Director of the Callahan Senior CenterAppointedTown ManagerThree Years
Director of LibrariesAppointedLibrary TrusteesIndefinite
Housing Authority DirectorAppointedHousing AuthorityThree Years
Superintendent of SchoolsAppointedSchool CommitteeIndefinite
Planning Board AdministratorAppointedPlanning BoardThree Years

1.2     The Town shall have the following multiple member governmental bodies with the indicated number of members elected for the stated terms.

BoardNumber of MembersTerm of OfficeNumber Elected/Year
Town ClerkElected-Three Years
Board of SelectmenFiveThree YearsTwo in 2 Years One in 1 Year
Library TrusteesTwelveThree YearsFour
School CommitteeSevenThree YearsThree in 1 Year Two in 2 years     
Regional Vocational School Committee Framingham Represent.EightThree YearsThree in 2 years Two in 1 year
Planning BoardFiveThree YearsTwo in 2 years One in 1 year
Housing AuthorityFourFive YearsOne in 4 years None in 1 year
Edgell Grove Cemetery TrusteesFiveFive YearsOne

1.3     The Town shall have the following multiple member governmental bodies with members appointed by the indicated authority for the stated terms.

BoardNumber of MembersTerm of OfficeAppointing AuthorityNumber Appointed/Yr.
Board of Public WorksThreeThree YearsBoard of SelectmenOne     
Board of HealthThreeThree YearsBoard of SelectmenOne     
Park and Recreation CommissionFiveThree YearsBoard of SelectmenTwo in 2 years One in 1 year     
Zoning Board of AppealsThree MembersThree YearsBoard of SelectmenOne     
Four Associate MembersOne YearBoard of SelectmenFour     
Historic District CommissionSeven Members (Five Alternate)Three YearsBoard of SelectmenApproximately One-Third     
Economic Development and Industrial Corporation--Board of SelectmenSee Chapter 124 of the Acts of 1995     
Cemetery TrusteesOneThree YearsBoard of SelectmenThree     
Human Relations CommissionThirteenThree YearsBoard of SelectmenFive in 1 year; Four in 2 years     
Historical CommissionMinimum Three, Maximum SevenThree YearsTown Manager with approval of the Board of SelectmenApproximately One-Third     
Conservation CommissionSevenThree YearsTown Manager with approval of the Board of SelectmenTwo in 2 years Three in 1 year     
Council on Aging—-Two Years—-See Art. II, Sec 13     
Real Property Committee Ten TM Members andThree YearsModeratorFour in 1 year; Three in 2 years     
One from Seven Specified Boards, Committees and CommissionsOne YearSchool Comm., Board of Public Works, Planning Board, Board of Selectmen, Finance Comm. Park & Rec. Commission and Conservation CommissionSeven each year     
Finance CommitteeNineThree YearsModeratorThree     
Capital Budget CommitteeSix Town Meeting Members Three YearsModeratorTwo     
OneOne YearFinance CommitteeOne     
Personnel BoardFiveThree YearsModeratorTwo in 2 years; One in 1 year     
Permanent Building CommitteeSix MembersThree YearsModeratorTwo     
One MemberProject DurationProject Oversight AuthorityNot Applicable     
Government Study Committee Twelve MembersThree YearsModeratorFour     
Civil Defense Advisory Council—-—-Town ManagerSee Article V, Section 4

1.4     Except as stated in subsection 1.1 above or in the following, all employees of the Town shall be appointed by the Town Manager. All appointments shall be in accordance with the Personnel Bylaws of the Town (Article IV) and shall be for an indefinite period unless otherwise stated in these Bylaws or in the General Laws of the Commonwealth of Massachusetts. Employees of the following governmental bodies shall be appointed by the indicated authority:

Body NameAppointing Authority
Town ClerkTown Clerk
LibraryLibrary Trustees
Planning BoardPlanning Board
Housing AuthorityHousing Authority
Edgell Grove CemeteryEdgell Grove Cemetery Trustees
Permanent Building CommitteePermanent Building Committee
School DepartmentSuperintendent of Schools (School Committee for specially designated positions)
     

Section 2.     Office Hours and Meeting Times

2.1     All officers, boards and committees having permanent clerical assistance shall keep their offices open for public business from 8:30 a.m. to 5:00 p.m. every weekday except as authorized by the Board of Selectmen.

2.2     All officers, boards and committees shall notify the Town Clerk of their organization and office hours or time of stated meetings.

2.3     All meetings of all Town boards and committees elected or appointed, except the Framingham Retirement Board, Council on Aging, Cemetery Trustees and Finance Committee, shall commence no earlier than 7:00 p.m. except in emergency situations, and for such emergency meetings the first order of business shall be the recording of the emergency nature of the meeting.

Section 3.     Financial Provisions and Contracts

3.1     Whenever any work is to be done, the whole, or a portion of which is to be paid for by private parties, the officer in charge of such work shall, before proceeding on such work, require a deposit of the estimated expense with the Treasurer, and on the completion of the work, the Treasurer shall retain the cost of such work and return the balance, if any, to the depositor.

3.2     No contract, involving an obligation of the Town exceeding the sum of two hundred fifty dollars ($250.00) shall be made at any time, except by vote of the committee or board duly authorized to expend the Town funds to which the contract relates. Such vote shall be recorded and such records shall be open to inspection.

3.3     No contract, involving an obligation of the Town exceeding the sum of five hundred dollars shall be binding upon the Town unless it is in writing and signed, prior to the commencement of performance thereof by at least a majority of the board or committee in charge of expending the funds to which the contract relates.

3.4     No board or officer shall make any contract in behalf of the Town extending beyond one year from the date thereof, unless specific authority to do so has been given by vote of Town Meeting.

3.5     Whenever any property of the Town valued at two hundred dollars or more is to be sold, it shall be sold at public auction, after not less than seven days' notice in one or more newspapers published in the Town, unless the Town Meeting shall vote otherwise.

3.6     No contract for construction work, for the purchase of apparatus, supplies or materials or for the collection of garbage, ashes, or rubbish, the estimated cost of which amounts to four thousand dollars or more, shall be awarded, except in cases of special emergency involving the health or safety of the people or their property, unless proposals for the same have been invited by advertisements in at least one newspaper published in the Town once a week for at least two consecutive weeks, the last publication to be at least one week before the time specified for the opening of said proposals. Such advertisement shall state the time and place where plans and specifications of the proposed construction work or the proposed purchase or for the proposed collection of garbage, ashes or rubbish, as the case may be, may be had and the time and place for opening the proposals in answer to said advertisements and shall reserve to the Town the right to reject any or all such proposals. All such proposals shall be sealed and shall be opened in public at the time and place specified therefore . No bill or contract shall be split or divided for the purpose of evading any provision of this Bylaw.

3.7     Fees and fines assessed by all officers and departments of the Town received from all sources shall be turned over to the Town Treasurer.

3.8     Compensation for all Town officers, boards and committees shall be as appropriated by Town Meeting.

Section 4.     Affirmative Action

4.1     Definitions

     4.1.1     The term "town agency" includes any board, bureau, commission, committee, department or other agency of the Town of Framingham including the School Committee.

     4.1.2     The term "contract" includes any contract, sub-contract or other agreement.

     4.1.3     The term "contractor" includes any contractor and his sub-contractors, any other sub-contractor or other contracting party.

     4.1.4     The term "bidder" includes any bidder, sub-bidder or prospective contractor and his sub-contractors, any other sub-contractor or other contracting party.

4.2     No town agency shall enter into any contract for the purchase of goods or services or for the construction, maintenance, renovation or repair of any building, structure, street, way, utility or other public work with any contractor which does not take affirmative action to provide equal employment opportunity for all qualified persons without regard to race, color, religion, sex or national origin.

4.3     Each bidder and contractor shall include with all bids and all compliance and progress reports submitted to any town agency a report which shall include:

     4.3.1     A certificate stating that he is currently in compliance with the provisions of Massachusetts General Laws, Chapter 151B governing non-discrimination in employment, and setting forth the affirmative action he is currently undertaking and will undertake during the contract period to provide equal employment opportunity for all qualified persons without regard to race, color, religion, sex or national origin; and

     4.3.2     A statement in writing, with supporting information, signed by an authorized officer or agent on behalf of any labor union or other agency which refers workers or provides or supervises apprenticeship or other training programs with which the bidder or contractor deals, to the effect that the union or other agency's practices and policies do not discriminate on the basis of race, color, religion, sex or national origin, provided, in the event that the union or other agency shall refuse to execute such a statement, the bidder or contractor need only so certify in writing.

     4.3.3     A copy of any such report shall be filed in the office of the Town Clerk and shall upon said filing become a public record.

4.4     Every town agency shall include in every contract hereinafter entered into for the purchase of goods or services or for the construction, maintenance, renovation or repair of any building, structure, street, way, utility or other public works the following provisions:

     4.4.1     During the performance of this contract the contractor agrees as follows:

     4.4.1.1     The contractor will take affirmative action to ensure that employees are solicited and employed, and that the employees are treated during employment, without regard to race, color, religion, sex or national origin.

     4.4.1.2     The contractor will in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin.

     4.4.1.3     The contractor and sub-contractors will include the provisions of subsections 4.4.1.1 and 4.4.1.2 above in every sub-contract or purchase order.

     4.4.2     If the contracting town agency determines that any contractor is not in compliance with these contract provisions, the contracting agency shall take one or more of the following actions:

          4.4.2.1     Order the contract terminated in whole or in part.

          4.4.2.2     Permit continuation of the contract upon the submission of a specified program for immediate compliance.

          4.4.2.3     Assess liquidated damages of $50.00 for each day that the contractor is found not to be in compliance.

          4.4.2.4     Withhold payments to the contractor under the contract until he is in compliance.

          4.4.2.5     Declare the contractor ineligible to bid on future contracts with that agency until the agency finds that such contractor has established and is implementing an affirmative action program.

4.5     As used in this section affirmative action means positive steps to ensure all qualified persons equal employment without regard to race, color, religion, sex or national origin at all stages of the employment process, recruitment, selection, placement, promotion, training, layoff and termination. It may include, but is not limited to the following:

4.5.1     Inclusion in all solicitations and advertisements for employees of a statement that the contractor is an "Equal Opportunity Employer".

4.5.2     Placement of solicitations and advertisements for employees in media that reaches minority groups.

4.5.3     Notification in writing of all recruitment sources that the contractor solicits the referral of applicants without regard to race, color, religion, sex or national origin.

4.5.4     Direct solicitation of the support of responsible and appropriate community, state and federal agencies to assist in recruitment efforts.

4.5.5     Participation in, or establishment of apprenticeship or training programs where outside programs are inadequate or unavailable to minority groups.

4.5.6     Modification of collective bargaining agreements to eliminate restrictive barriers established by dual lines of seniority, dual rates of pay or dual lines of promotion or progression which are based on race, color, religion, sex or national origin.

4.5.7     Review of selection, placement, promotion, training, layoff and termination procedures and requirements to ensure that they do not intentionally or unintentionally discriminate against qualified persons because of race, color, religion, sex or national origin.

     In determining whether the steps taken or proposed by any bidder or contractor constitute affirmative action under this section, the town agency shall take into account the relevant characteristics of the bidder or contractor, the number of persons he employs, and the location of his principal and branch offices.

4.6

4.6.1     The Human Relations Commission shall receive and investigate or cause to be investigated complaints by employees or prospective employees of a Town contractor, sub-contractor or supplier which allege discrimination contrary to this law and may on its own initiative investigate employment practices of a Town contractor, sub-contractors or supplier. Findings and determinations on such investigations, together with the records and recommendations, shall be reported by the Human Relations Commission to the Board of Selectmen and the contracting agency concerned.

4.6.2     The Human Relations Commission shall cooperate with the Board of Selectmen and with each contracting agency by providing assistance in reviewing affirmative action plans, and to contractors seeking qualified minority group employees, and shall itself seek such employees.

4.6.3     The Human Relations Commission, where it deems appropriate, shall recommend to the Massachusetts Commission Against Discrimination, the Equal Employment Opportunity Commission, the U. S. Secretary of Labor, the Town Counsel, or the U. S. Department of Justice that appropriate proceedings be instituted under Title VII of the Civil Rights Act of 1964 and applicable City and State Laws.

4.7     The provisions of this Section shall not apply to any contract for less than five thousand dollars or to bidders and contractors employing fewer than six persons; provided that where the contract is for less than five thousand dollars, but not less than two thousand dollars, any town agency may apply the provisions of this Section to any contract, bidder, or contractor.

Section 5.     General Provisions

5.1     No elected or appointed Town officer may represent a client before any Town board, commission or committee.

5.2     All officers, board members and committee members of the Town shall qualify by oath before the Town Clerk before exercising the duties of their elected or appointed position.

5.3     Permanent officers, board members and committee members of the Town appointed for specific terms shall hold office from the first day of July succeeding such appointment, or from the date of appointment and qualification when such appointment is to a new position or fills the expired or unexpired term of a previous office holder and shall continue in office for the specified term or until a successor has been appointed and has been qualified under the Bylaws of the Town.

5.4     A vacancy in any office, board or committee shall be filled for the remainder of the original term as required by the General Laws of the Commonwealth or as indicated below.

5.4.1     (Deleted by Attorney General)

5.4.2     For appointed officers, boards or committees by the original appointing authority in the same manner as the original appointment was made.

5.5     Any voter shall be eligible to hold any elective Town office, but no person holding any elective Town office shall simultaneously assume any other elective Town office. The prohibition against holding two elective Town Offices simultaneously shall not apply if one office is that of elected Charter Commission Members.

5.6     All cars owned by the Town of Framingham shall be designated by a circular label not less than six inches in diameter bearing the words "Town of Framingham", and the name of the Town Department.

5.7     Whenever the Town Meeting or the Board of Selectmen shall establish a committee, commission, board or council, unless the term of office of members be otherwise so stated, the term of office of each appointee thereto shall expire upon the appointment of a replacement member subsequent to the adjournment of the next Annual Town Meeting. However, nothing herein shall prevent the Town Meeting or the Board of Selectmen from designating a longer term of office or extending the same to a later date, nor shall the provisions herein be applied in any manner contrary to other provisions of law.

5.8     In any instance wherein the majority of a committee, commission, board or council appointed by act of the Town Moderator or Board of Selectmen votes that the appointing authority replace one or more members of such committee, commission, board or council, the appointing authority shall have the power to revoke a previous appointment and the same shall be effective upon notice of the revocation being mailed, postage pre-paid, to the last known address of each appointee to be notified. Nothing herein shall require either the Town Moderator or the Board of Selectmen to withdraw or revoke said appointments, nor shall the provisions herein be applied in any manner contrary to other provisions of law.

5.9     Each committee, board or commission shall determine its rules and order of business, unless otherwise provided by Bylaw, provided however, that each body shall provide some period of time at each of its meetings for members of the public to ask questions, state opinion and otherwise exchange information with the body. The rules and procedure shall be written and kept with the chairperson or in the office of the committee board or commission: in the Framingham Public Library; and on file in the office of the Town Clerk available for public review.

5.10     Each committee, board or commission shall provide for keeping of minutes of its meetings as required by Massachusetts General Law, Chapter 39. Unless otherwise provided for by law, the minutes shall be a public record and shall be kept on file with the Clerk or in the office of said committee, board or commission. In addition, the minutes will be kept on file at the Framingham Public Library for a period of seven years.




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