[HISTORY: Adopted by the New Hampshire Legislature
as Ch. 260 of the Laws of 1893; adopted by town meeting 3-19-1894. Amendments
noted where applicable.]
The inhabitants of the Town of Franklin in the
County of Merrimack shall continue to be a body corporate and politic
under the name of the City of Franklin.
[Amended by Ch. 355 of the Laws of 1973]
Said City of Franklin is hereby divided into
three wards, which shall be constituted as follows, namely:
A.
Ward 1 shall include all that portion of said Franklin
located west of the Merrimack and Pemigewasset Rivers.
B.
Ward 2 shall include all that portion of the City
of Franklin within the boundary commencing at the intersection of
New Hampton Road and New Boston Road; then easterly to the Sanbornton
town line; then following the Sanbornton town line northwesterly to
New Hampton Road; then westerly to the Pemigewasset River; then southerly
along the Pemigewasset and Merrimack Rivers to the Northfield town
line; then easterly to Prospect Street; then northerly along Prospect
Street to Central Street; then easterly along Central Street to Sanborn
Street; then northerly along Sanborn Street to a point marked by a
drill hole on property owned by the City of Franklin and currently
occupied by the Franklin Middle School, so called; then turning and
running N 78° 35' 01" W 81.27 feet to a point at a rock wall;
then turning and running N 78° 16' 32" W 60.43 feet to an iron
pipe in said wall; then continuing N 78° 16' 32" W 53.80 feet
further along said wall; then turning and running N 77° 56' 13"
W 50.19 feet to a granite bound; then turning and running N 78°
14' 54" W 699.98 feet to a point; then turning and running N 78°
52' 56" W 15.26 feet to a highway bound; then turning and running
S 60° 58' 38" W 82.90 feet to a highway bound; then N 04°
51' 02" W 52.66 feet to a granite bound; then turning and running
N 06° 13' 52" W 5.90 feet to a point; then turning and running
N 06° 13' 52' W 77.41 feet to a point; then turning and running
N 06° 13' 52' W 157.57 feet to a granite bound; then turning and
running N 10° 07' 28" W 12.86 feet to a granite bound; then turning
and running N 05° 19' 13" W 85.94 feet to a granite bound; then
turning and running N 05° 26' 42" W 81.16 feet to a granite bound;
then turning and running N 04° 59' 23" W 35.09 feet to a point;
then turning and running S 84° 39' 09' E 121.92 feet to an iron
pipe; then turning and running S 86° 17' 40" E 129.59 feet to
a granite bound; then turning and running S 82° 14' 29" E 133.53
feet to a granite bound; then turning and running N 82° 45' 25"
E 290.51 feet to a granite bound; then turning and running N 82°
50' 50" E 27.07 feet to a point; then turning and running N 82°
50' 50" E 0.87 feet to a granite bound; then turning and running N
84° 34' 50" E 330.51 feet to a point; then turning and running
N 84° 34' 50" E 99.26 feet to a drill hole at a rock wall; then
turning and running N 84° 04' 36" E 67.21 feet to a drill hole
in said wall; then turning and running S 07° 37' 30" E 400.03
feet to a granite bound; then turning and running S 22° 33' 28"
E 284.11 feet to a granite bound; then turning and running S 59°
54' 55" E 170.28 feet to a granite bound; then turning and running
S 78° 18' 30" E 189.40 feet to a drill hole set in a stone wall
on the westerly side of Sanborn Street; then northerly along said
Sanborn Street to Babbitt Road; then northwesterly along Babbitt Road
to the intersection of Babbitt Road and Victory Drive; then northernly
along New Hampton Road to the point of beginning.
[1]
Editor's Note: The effective date of this amendment is 1-1-2023.
C.
Ward 3 shall include all that portion of the City
of Franklin remaining after the formation of the above-indicated lines
for Wards 1 and 2.
[Amended 11-24-1998]
The administration of all the fiscal, prudential and municipal affairs of said city, and the government thereof, shall be vested in one principal officer to be called the "Mayor" and one board consisting of nine members to be called the "Council," the members whereof shall be called "Councilmen." The Mayor and Council shall sit and act together and compose one body and in their joint capacity shall be called the "City Council." (See also § C-19.)
The Mayor and Council created by this act shall
have all the powers and do and perform, in reference to each other
or otherwise, all duties which mayors, boards of aldermen and common
councils of cities are by law authorized or required to do and perform,
either separately or otherwise, and all provisions of statutes pertaining
to the duties or powers of aldermen and common councils of cities,
separately or otherwise, shall be construed to apply to said City
Council unless a contrary intention appears.
Said city shall constitute one school district,
and the administration of all fiscal, prudential and district affairs
of said district shall be vested in the City Council, except such
as shall hereinafter be vested in the School Board.
All property of said Town of Franklin, or of
the school district of said town, shall be vested in said city, and
all debts of said town and said school district shall be considered
for all purposes as the debts of said city.[1]
[1]
Editor's Note: Former Section 7.00, regarding
election to the General Court, Section 8.00, regarding election of
moderators and supervisors of the checklist, as amended 11-7-1978,
and Section 9.00, regarding checklists, which immediately followed
this section, were deleted 11-24-1998.
[Amended by referendum 11-27-2001]
The Annual Meeting of each ward shall be held
on the First Tuesday of October in each year, at such place in said
City as fixed by the City Council. Said Annual Meeting shall also
be the time for conducting all municipal elections unless specifically
designed otherwise in the Charter or by state statute.
[Amended 11-7-1978]
At each annual election in each ward there shall
be elected by ballot a Councilman who shall serve for three years.
At each biennial city election in each ward, commencing with the election
of 1978, there shall be elected by ballot a Ward Clerk who shall serve
for two years.
[Added by Ch. 348 of the Laws of 1961]
Each Councilman shall be paid from the city
a sum to be established by the Council, after notice and public hearing,
not to exceed $25, for each regular monthly meeting of the City Council
which he attends, but not exceeding 12 meetings in any year. Said
sums shall be paid to each Councilman quarter-annually and shall be
in full payment for all services of any and every kind rendered by
him as Councilman.
[Amended by Ch. 348 of the Laws of 1961; 11-22-1966]
The Mayor of said city shall be chosen biannually
and shall have a negative upon all the actions of the Council to which
his veto power would extend had the city government herein constituted
provided for a board of aldermen. He shall preside in the meetings
of the City Council but shall have no vote except in case of an equal
division. In his absence the Council may elect one of their number
Chairman, who shall have all the powers and perform all the duties
of Mayor during his absence or disability or a vacancy in said office
from any cause. The Mayor shall be paid out of the city treasury an
annual salary to be established by the Council, after notice and public
hearing, not to exceed $2,000, payable quarter-annually, which shall
be in full for all services of any and every kind rendered by him
in said office. The Mayor shall not be paid any fixed sum as an expense
account but shall be reimbursed only for such specific expenses made
by him in connection with his office as may be authorized and approved
by the Council prior to being incurred; provided, however, that the
sums so authorized by the Council shall not exceed $250 for any one
year.
[Added by Ch. 153 of the Laws of 1979; amended 11-26-1979; 11-25-1986; 10-5-2021]
If the Mayor, a member of the City Council or
other elected city official is unable or unwilling to serve out his
or her full term of office for any reason and the office becomes officially
vacant during said term, then in any such event a new city official
shall be appointed by the City Council for the remainder of that calendar
year in which the vacancy occurred. An election shall occur at the
next municipal election to fill the balance of the term caused by
the vacancy. If the office of Mayor becomes vacant, the City Council
shall designate one of its members to act as interim Mayor.
The Interim Mayor shall retain his/her vote as a Councilor and
shall exercise all general duties as Mayor but shall not have the
ability to cast an additional deciding vote in the event of an equal
division of the Council nor shall he/she have the authority to veto
any action of the Council. The interim Mayor shall so serve until
the next scheduled City Election at which time a Mayor shall be elected
to serve for the unexpired mayoral term and inaugurated as soon as
practical.
[Amended 11-24-1998]
The Mayor and Council shall annually, on the
first Monday of January, meet for the purpose of taking their respective
oaths.[1]
[1]
Editor's Note: The following sections, which
immediately followed this section and provided for appointments by
the Council, were deleted 11-24-1998: Section 14.00, as amended by
Ch. 382 of the Laws of 1959 and Ch. 322 of the Laws of 1961; Section
14.00-A, as added by Ch. 425 of the Laws of 1957; Sections 14.00-B
and 14.00-C, as added by Ch. 382 of the Laws of 1959; and Section
14.00-D, as added by Ch. 322 of the Laws of 1961.
[Amended by Ch. 406 of the Laws of 1959; 11-27-1990; 11-28-1995]
A.
The general management and control of public schools,
and of the building and property pertaining thereto, shall be vested
in a Board of Education consisting of nine members, three of whom
shall be designated from each ward. The ward members shall be chosen
one from each ward by the voters of the city at the annual election,
and no person shall be eligible to be a candidate from a ward unless
he shall be a resident in such ward. Ward members shall serve for
a term of three years and until their successors are elected and qualified.
No person shall serve on both the Board of Education and the City
Council simultaneously. Members of the Board shall receive such compensation
as may be fixed by the Council, and their term of office shall begin
on the first Monday of January following their election.
B.
For purposes of implementation of this section, no
person shall be elected to the Franklin Board of Education at large
after the regular municipal election of 1990, and all at-large seats
chosen at that election, or prior to that election, shall be allowed
to expire without being filled. Commencing with the municipal election
of 1991, each ward shall elect one School Board representative to
represent that ward for a period of three years, but at such election
only each ward shall also elect a representative for a term of two
years and a term of one year. Thereafter, all terms shall be for a
period of three years for each ward representative and there shall
be no at-large representation.[1]
[Amended 11-25-1986]
All vacancies on the Board of Education, City Council and in all ward offices shall be filled by appointment of the City Council in accordance with § C-11 of this Charter.
[Amended by Ch. 153 of the Laws of 1979; 11-26-1979; 11-25-1980]
The City Clerk shall prepare the ballots to
be used at the municipal elections. The ballot shall contain the names
in alphabetical order without party designation of all who file with
the City Clerk as candidates for the office of Ward Councilman or
for any other city elective office no earlier than 45 days before
the election and not later than 5:00 p.m. in the afternoon 35 days
before the election. Each candidate shall pay the City Clerk a fee
of $3, except one on whose behalf a petition shall have been filed
by at least 50 qualified voters. No name shall be printed on the ballot
by reason of such a petition unless consent thereto shall be endorsed
on the petition by the candidate himself not later than 5:00 p.m.
in the afternoon 35 days before the election. Below the list of names
of the candidates there shall be as many blank spaces as there are
Councilmen to be elected. The City Clerk shall have the same powers
and duties with reference to municipal elections as has the Secretary
of State with reference to general biennial elections, so far as such
powers and duties are not inconsistent herewith. The general provisions
of the statute relating to state biennial elections shall apply to
all elections for city and ward officers, so far as such provisions
are not inconsistent herewith.
[Added by Ch. 153 of the Laws of 1979; amended 11-26-1979]
Within seven days after a municipal election
the Council shall canvass the votes cast, and the candidates receiving
the highest number of votes for the offices to be filled shall be
declared elected. Within seven days thereafter the Council shall,
subject to such rules and regulations as it may prescribe, upon request
of any candidate, recount the ballots cast in the election and hear
and determine any contest on the grounds of fraud or misconduct therein.
Decisions of the Council in cases of contested elections shall be
final. Tie votes for any elective office shall be resolved by lot
in the manner that the Council may determine. In cases arising under
this section, the Council shall have the power to subpoena witnesses
and compel the production of all pertinent books, records and papers.
[Amended 11-24-1998]
This act shall take effect, as to the election
of ward, city and school officers under it, on the fourth Tuesday
of November next after a vote of said town to adopt it, and for other
purposes on the first Monday of January next after such vote to adopt
it, and the Supervisors of said town shall seasonably post checklists
and warrants for said first annual ward meetings and shall seasonably
appoint a Moderator and Clerk for each of said wards from the legal
voters thereof, who shall, after being duly sworn, have the powers
and perform the duties of their respective offices at the first annual
election under this act and until others are elected and qualified.
The returns of votes provided by law to be made to the City Clerk
shall at said first annual election be made to said Town Supervisors,
who shall forthwith perform all the duties in relation thereto which
are by law assigned to the Mayor and Council and City Clerk, respectively.
Said Supervisors shall also select and provide a suitable place for
the first meeting of the City Council and seasonably notify the members
thereof of the place selected. (Said vote occurred on March 13, 1894,
as reflected in City Council minutes of January 7, 1895.)
The question of the adoption of this act shall
be submitted to the voters of said town at a legal meeting thereof,
and if a majority vote of those voting shall be cast in favor, it
shall be adopted. If at any meeting this act shall fail of adoption,
it may, at the expiration of three months from such meeting and prior
to July 5, 1894, be again submitted for adoption. It shall be the
duty of the Selectmen to call a meeting of the town to act on said
question of adoption, in accordance with the foregoing provisions,
upon the petition of 10 or more voters of said town.
[Added 11-25-1969; amended 10-5-2004[1]]
The chief administrative officer of the City
shall be called the "Manager." The Council shall appoint a qualified
person as Manager for a term of employment and salary as negotiated
by the Council and Manager in an employment agreement, and approved
by a vote of 2/3 of the members of the Council. In setting the term
of the Manager's employment agreement, the Council shall retain the
right to discharge the Manager at any time during such term pursuant
to other provisions of this Charter and/or employment agreement.
[1]
Editor's Note: Approved by a majority of the
qualified electors at the City election held 10-5-2004.
[Added 11-25-1969; amended 9-13-1999[1]]
The Manager shall be chosen solely on the basis
of his/her executive administrative qualifications. The Council may
impose reasonable residency requirements upon the Manager to assure
his/her ability to respond personally to emergency or extraordinary
situations within the city.
[1]
Editor's Note: This amendment was approved
by a majority of the qualified electors at the election held 11-23-1999.
[Added 11-25-1969; amended 11-28-1995]
The Manager may be removed by a majority vote
of the members of the Council as herein provided. At least 30 days
before the proposed removal of the Manager, the Council shall adopt
a resolution stating its intention to remove him and the reasons therefor,
a copy of which shall be served forthwith on the Manager, who may,
within 10 days, demand a public hearing, in which event the Manager
shall not be removed until such public hearing has been held. Upon
or after passage of such a resolution the Council may suspend him
from duty, but his pay shall continue until his removal. In case of
such a suspension the Council may appoint an Acting Manager to serve
at the pleasure of the Council for not more than 180 days. The action
of the Council in removing the Manager shall be final.
[Added 11-25-1969; amended 11-28-1995; 11-24-1998]
If the office of City Manager shall be vacant for any cause, the City Council may appoint an Acting Manager to serve at the pleasure of the Council for not more than 180 days and shall appoint a permanent Manager in accordance with § C-19 within 181 days of the date of vacancy.
[Added 11-25-1969]
If the Manager is temporarily incapacitated
or unable to act from any cause, the City Council may appoint an Acting
Manager to serve at the pleasure of the Council. Said Acting Manager
shall have all the powers and perform all the duties of the City Manager
during his incapacity or inability to act. Said Acting Manager shall
be paid such salary for his services hereunder as may be prescribed
by the City Council.
[Added 11-25-1969; amended 11-24-1998]
The Manager shall supervise the administrative
affairs of the city and shall carry out the policies enacted by the
Council. He shall be charged with the preservation of the public peace
and health and safety of persons and property and shall see to the
enforcement of the ordinances of the city, this Charter and the laws
of the state. He shall keep the Council informed of the condition
and needs of the city and shall make such reports and recommendations
as he may deem advisable and perform such other duties as may be prescribed
by this Charter or required of him by ordinance or resolution of the
Council not inconsistent with this Charter. He shall have and perform
such other powers and duties not inconsistent with the provisions
of this Charter as now are or hereafter may be conferred or imposed
upon him by municipal ordinance or upon city managers by general law.
He shall have the right to take part in the discussion of all matters
coming before the Council but not the right to vote.
[Added 11-25-1969; amended 11-27-1990; 10-1-2002]
The Manager shall have the power to appoint
and remove, subject to the provisions of this Charter, all officers
and employees in the administrative service of the City, but the Manager
may authorize the head of the department or office responsible to
him to appoint and remove in such department or office. It shall be
the duty of the Manager to furnish the Council, in writing, with the
identity of any person whom he proposes to appoint as the head of
any department or office at least 10 days prior to the date on which
the appointment is to be made. If the Council has any objection to
the person proposed by the Manager for appointment, it shall certify
its objections to the Manager, in writing, within said ten-day period.
The Council, by a five-vote majority, being defined as an affirmative
vote of at least 5 members of the Council present and voting within
that ten-day period, may give a vote of disapproval to the person
so proposed. If a vote of disapproval is passed, the Manager shall
not appoint that person.
[Added 11-25-1969]
Neither the Council nor any of its members shall
direct or request, except in writing, the appointment of any person
to office or employment, or his removal therefrom, by the Manager
or any of the administrative officers. Neither the Council nor any
member thereof shall give orders to any of the administrative officers,
either publicly or privately, but they may make suggestions and recommendations.
Any violation of the provisions of this section by a member of the
City Council shall be a misdemeanor, a conviction of which shall constitute
immediate forfeiture of his office.
[Added 11-25-1969[1]]
There shall be appointed, by the Manager, an
Assessor or Assessors, a City Clerk, Tax Collector, Treasurer, Police
Chief, Fire Chief, City Solicitor, Welfare Director and Director of
the Municipal Services Department and such other officers as are necessary
to administer all departments which the Council shall establish, which
departments shall replace all existing departments, boards and commissions,
except the Planning Board, Highway Safety Commission and Conservation
Commission, which are hereby saved, and the ordinances and laws pertaining
thereto. The power and duties of these officers and heads of departments
so appointed shall be those prescribed by state law, by this Charter
or by ordinance.
[Added 11-25-1969]
The first Manager under this Charter shall draft
and submit to the Council, within nine months after assuming office,
an ordinance dividing the administrative service of the city into
departments, divisions and bureaus and defining the functions and
duties of each. After the adoption of that ordinance, upon recommendation
of the Manager, the Council by ordinance may create, consolidate or
abolish departments, divisions and bureaus of the city and define
or alter their functions and duties. Such ordinances shall be known
as the "Administrative Code."[1] Each officer shall have supervision and control of his
department and the employees therein and shall have power to prescribe
rules and regulations not inconsistent with general law, this Charter,
the Administrative Code and the rules and regulations of the Merit
Plan. Pending passage of such code the Manager may establish temporary
regulation.
[Added 11-25-1969]
The Administrative Code shall establish purchasing
and contract procedures, including the assignment of all responsibility
for purchases to a single person, the combination of purchasing of
similar articles by different departments and purchasing by competitive
bids wherever practical.
[Added 11-25-1969]
The fiscal and budget year of the city shall begin on the first day of January unless another date shall be fixed by ordinance. (See Chapter 24, Fiscal Year.)
[Added 11-25-1969]
The Manager shall appoint an officer other than
the Treasurer who shall maintain accounting control over the finances
of the city, make financial reports and perform such other duties
as may be required by the Administrative Code. He shall audit and
approve all authorized claims against the city before paying the same.
[Added 11-25-1969]
At such time as may be requested by the Manager
or specified by the Administrative Code, each officer or director
of a department shall submit an itemized estimate of the expenditures
for the next fiscal year for the departments or activities under his
control. The Manager shall submit the proposed budget to the Council
at least one month before the start of the fiscal year of the budget.
A.
Limitation of budget increases. Recognizing that final
tax rates for the City of Franklin are set by the New Hampshire Department
of Revenue Administration pursuant to RSA 21-J:35, I, the administration,
School Department and City Council of the City of Franklin shall develop
their annual budget proposals and the City Council shall act upon
such proposals in accordance with the mandates of this section. In
establishing a combined municipal budget, the City Council shall be
allowed to assume an estimated property tax rate only in an amount
equal to the tax rate established during the prior fiscal year increased
by a factor equal to the change in the National Cost of Living Index
as published by the United States Department of Labor for the calendar
year immediately preceding budget adoption. Total expenditures for
any given budget year shall not exceed funds reasonably calculated
to be derived by a tax rate so established in addition to other revenues
generated by the municipality. In the event of the loss of other revenues
other than from property taxes from any single source in excess of
2% of the prior year's revenues or a combination of sources in excess
of 4% of the prior year's revenues, the Franklin City Council may,
by a two-thirds vote, exceed the above limitation but not in excess
of the amount of the lost revenue. This provision shall not limit
the Council from appropriately funding any programs or accounts mandated
to be paid from municipal funds by state or federal law.
[Added 11-28-1989]
B.
Exception to budget limitation. The total or any part
of principal and interest payments of any municipal bond, whether
established for school or municipal purposes, may be exempted from
being included in expenditures subject to the prior limitation upon
a two-thirds vote of the Franklin City Council. This decision shall
be made annually. Additionally, capital expenditures deemed necessary
by the Franklin City Council may similarly be exempted from this limitation
by a two-thirds vote.
[Added 11-28-1989; amended 11-24-1998]
C.
Budget limitation in a revaluation year. When the
City Council accepts an increase in real estate values as the result
of a City-wide revaluation, the City Council shall adhere to a maximum
increase in the combined real estate tax revenues as follows: The
combined real estate taxes raised from the prior budget year shall
be increased by a factor no more than the change in the National Cost
of Living Index as published by the United States Department of Labor
for the calendar year immediately preceding budget adoption, then
using this figure in establishing the new combined municipal budget.
In the event of the loss of other revenues other than from property
taxes from any single source in excess of 2% of the prior year's revenue
or a combination of sources in excess of 4% of the prior year's revenues,
the Franklin City Council may, by a two-thirds vote, exceed the above
limitation but not in excess of the amount of the lost revenue.
[Added by referendum 11-27-2001]
D.
Budget limitation with annual changes in assessments.
When annual changes in real estate values occur as a result of State
of New Hampshire assessing requirements, the City Council shall adhere
to a maximum increase in combined real estate tax revenues as follows:
[Added 10-1-2002]
(1)
The combined real estate taxes raised from the prior
year shall be increased by a factor no more than the change in the
National Cost of Living Index as published by the United States Department
of Labor for the calendar year immediately preceding budget adoption,
plus real estate taxes calculated by applying the prior year real
estate tax rate to the net increase in new construction. "Net increase
in new construction" is defined as: the total dollar value of building
permits less total dollar value of demolition permits issued for the
period of April 1-March 31 preceding budget adoption.
(2)
In the event of the loss of other revenues other than
from property taxes from any single source in excess of 2% of the
prior year's revenue or a combination of sources in excess of 4% of
the prior year's revenues, the Franklin City Council may, by a two-thirds
vote, exceed the above limitation but not in excess of the amount
of the lost revenue.
[Added 11-25-1969]
A public hearing on the budget shall be held
before its final adoption by the Council, at such time and place as
the Council shall direct, and notice of such public hearing, together
with a summary of the budget as submitted, shall be published at least
one week in advance by the City Clerk.
[Added 11-25-1969]
No later than the 27th day of the first month
of the fiscal year the budget shall be presented to the Council for
action, and if such budget is not acted upon by the Council within
30 days after such presentation, it shall automatically become effective.
This section shall not apply to the first fiscal year after this Charter
takes effect.
[Added 11-25-1969]
No appropriation shall be made for any purpose
not included in the annual budget as adopted unless voted by a two-thirds
majority of the Council after a public hearing held to discuss said
appropriation. The Council shall by resolution designate the source
of any money so appropriated.
[Added 11-25-1969]
At the beginning of each quarterly period during
the fiscal year and more often if required by Council, the Manager
shall submit to the Council data showing the relation between the
estimated and actual income and expense to date, and if it shall appear
that the income is less than anticipated, the Council or Manager may
reduce the appropriation for any item or items, except amounts required
for debt and interest charges, to such a degree as may be necessary
to keep expenditures within the cash income. The Manager may provide
for monthly or quarterly allotments of appropriations to departments,
funds or agencies under such rules as he shall prescribe.
[Added 11-25-1969]
After the budget has been adopted, no money
shall be drawn from the treasury of the city, nor shall any obligation
for the expenditure of money be incurred, except pursuant to a budget
appropriation unless there shall be a specific additional appropriation
therefor. The head of any department, with the approval of the Manager,
may transfer any unencumbered balance or any portion thereof from
one fund or agency within his department to another fund or agency
within his department. The Manager, with the approval of the Council,
may transfer any unencumbered appropriation balance or any portion
thereof from one department to another.
[Added 11-25-1969]
The Council shall designate the depository or
depositories for city funds and shall provide for the daily deposit
of all city moneys. The Council may provide for such security for
city deposits as it may deem necessary, except that personal surety
bonds shall not be deemed proper security.
[Added 11-25-1969[1]]
An independent audit shall be made of all accounts
of the city government at least annually and more frequently if deemed
necessary by the Council. Said audit shall be made by public accountants
experienced in municipal accounting. An annual report of the city's
business shall be printed and made available.
[Added 11-25-1969]
Any city officer elected or appointed by authority
of this Charter may be required by the Manager to give a bond, to
be approved by the City Solicitor, for the faithful performance of
the duties of his office, but all officers receiving or disbursing
city funds shall be so bonded. All officials' bonds shall be corporate
surety bonds, and the premiums thereon shall be paid by the city.
Such bonds shall be filed with the City Clerk.
[Added 11-25-1969]
Subject to the applicable provisions of state
law and the rules and regulations provided by ordinance in the Administrative
Code, the Council, by resolution, may authorize the borrowing of money
for any purpose within the scope of the powers vested in the city
and the issuance of bonds of the city or other evidence of indebtedness
therefor and may pledge the full faith, credit and resources of the
city for the payment of the obligation created thereby.
[Added 11-25-1969]
Appointments and promotions to all positions
in the service of the city shall be made solely on the basis of merit
and only after examination of the applicant's fitness. So far as practicable
examinations shall be competitive.
[Added 11-25-1969]
A.
The first Manager under this Charter shall draft and
submit to the City Council, within three months after assuming office,
a set of rules and regulations which shall become effective one month
after its submission, unless vetoed by the Council within that period,
providing for the establishment of a merit system of personnel administration
and for the implementation of such portions of that system as are
prescribed by this Charter.[1] The rules and regulations shall include provisions with
regard to classification, compensation, selection, training, promotion,
discipline, vacations and any other matters necessary to the maintenance
of efficient service and the improvement of working conditions. The
rules and regulations shall continue in force subject to amendments
submitted from time to time by the Manager which shall become effective
one month after their submission, unless vetoed by the Council within
that period.[2]
B.
Until the first set of such rules and regulations
becomes effective, the Manager may establish temporary rules and regulations.
[Added 11-25-1969]
The compensation of all officers and employees
not fixed by this Charter shall be fixed in the rules and regulations
of the Merit Plan by a schedule of pay which shall include a minimum
and maximum and such intermediate rates as may be deemed desirable
for each class of position provided for in said rules and regulations.
In increasing or decreasing items in the city budget, the Council
shall not increase or decrease any individual salary but shall act
solely with respect to total salaries in the various departments of
the city.
[Added 11-25-1969[1]]
There is hereby established a Personnel Advisory
Board of three citizens holding no other municipal office and appointed
one member by the Manager, one by the Council and the third by these
two appointees. In the first instance only the member appointed by
the Manager shall serve for one year, the member appointed by the
Council for two years and the third member for three years, in each
case beginning on the effective date of this Charter. The terms of
all succeeding members shall be for three years, beginning on the
expiration of the term each succeeds. It shall be the duty of the
Personnel Advisory Board to study the broad problems of personnel
policy and administration, to advise the Council concerning the personnel
policies of the city and the Manager regarding the administration
of the Merit Plan and to hear appeals from any employee aggrieved
as to the status or condition of his employment. The Board shall issue
written reports containing findings of facts and recommendations to
the Manager upon such appeals, but the Board shall have no power to
reinstate an employee unless it finds, after investigation, that disciplinary
action was taken against the employee for religious, racial or political
reasons.
[Added 11-25-1969]
No compensation shall be paid without certification by the Manager, or such officer as he may direct, that the recipients are employed by the city and that their rates of compensation comply with the pay schedule provided for in § C-44. If such officer approves payments not in conformity therewith, he and his surety shall be liable for the amount of such payments. A taxpayer may maintain a civil action to restrain payment of compensation to persons unlawfully appointed or employed or to recover for the city any sums paid contrary to the provisions of this Charter.
[Added 11-25-1969]
No employee of the city at the time this Charter
is adopted shall be required to take any examination in order to continue
within the employment of the city. All other provisions of the Merit
Plan will apply to such employees.
[Added 11-25-1969]
The Council shall have the power to determine
that the whole or any part of the expense of any public improvement
shall be defrayed by special assessments upon the property especially
benefited and shall so declare by resolution. Such resolution shall
state the estimated cost of the improvement, what proportion of the
cost thereof shall be paid by special assessments, what part, if any,
shall be a general obligation of the city and the number of installments
in which special assessments may be paid and shall designate the districts
or land and premises upon which special assessment shall be levied.
If expenditures are to exceed $1,000, a public hearing shall be held,
action to be taken by the Council not earlier than seven days after
said hearing.
[Added 11-25-1969]
The Council shall prescribe by general ordinance
a complete special assessment procedure concerning plans and specifications,
estimate of costs, notice and hearing, the making of the special assessment
roll and correction of errors, the collection of special assessments
and any other matters concerning the making of improvements by the
special assessment method.
[Added 11-25-1969]
Every person elected or appointed to any city
office, before entering upon duties of this office, shall take and
subscribe to an oath of office as provided by law which shall be filed
and kept in the office of the City Clerk.
[Added 11-25-1969[1]]
Written notice of election or appointment of
any city officer shall be mailed to him at his address by the City
Clerk within 48 hours after the appointment is made or the vote canvassed.
If within 10 days from the date of the notice such officer shall not
take or subscribe to and file with the City Clerk an oath of office,
such neglect shall be deemed a refusal to serve and the office shall
thereupon be deemed vacant, unless the Council shall extend the time
in which such officer may qualify.
[Added 11-25-1969]
In addition to other provisions of this Charter,
a vacancy shall be deemed to exist in any office when an officer dies,
resigns, is removed from office, is convicted of a felony or is judicially
declared to be mentally incompetent.
[Added 11-25-1969]
No elective or appointive officer or employee
of the city shall take part in a decision concerning the business
of the city in which he has a financial interest, aside from his salary
as such officer or employee, direct or indirect, greater than any
other citizen or taxpayer.
[Added 11-25-1969]
No officer or employee shall devote any city
property or labor to private use except as may be provided by law
or ordinance.[1]
[Added 11-25-1969]
The removal, in accordance with this Charter,
with or without cause, of a person elected or appointed or otherwise
chosen for a fixed term shall give no right of action for breach of
contract.
[Added 11-25-1969]
No action at law or bill in equity for money
or damages claimed due shall be sustained against the city unless
a notice setting forth the nature and amount, if any, of the claim
shall have been delivered or sent by registered mail to the office
of the City Clerk not less than 60 days prior to the commencement
of said action at law or bill in equity.
[Added 11-25-1969[1]]
Any person who violates any provisions of this
Charter, unless otherwise provided, shall be fined not exceeding $500
or imprisoned not exceeding 90 days, or both.
[Added 11-25-1969[1]]
All records of the city shall be public, in
accordance with RSA 91-A.
[Added 11-25-1969]
Trust funds of the City of Franklin, except
where otherwise provided by the instrument creating such trust, shall
continue to be kept separate and apart from all other funds and shall
remain in the hands of the Trustees of Trust Funds, one of whom shall
be appointed by the Mayor each year for a term of three years. Said
Trustees shall invest such funds in securities legal for investment
by savings banks of this state.
[Added 11-25-1969]
So much of the previous Charter of the City
of Franklin and laws passed in amendment thereof as are now in force
relative to the constitution and bounds of its several wards, the
election of the Mayor and Council, their duties and powers, its school
districts and their government and affairs and to the borrowing of
money in aid of its school districts hereby continues in force, with
the exception of such provisions as are inconsistent with this Charter.
All special legislation relating to registration and elections, the
jurisdiction of the Health Officer, library and Board of Library Trustees,
police and fire retirement, schools and School Department and the
borrowing of money for various purposes is hereby continued in force,
with the exception of provisions inconsistent with this Charter, but
all special legislation relative to the government of the city not
herein expressly saved is hereby repealed. All general laws relative
to the government of cities shall remain in force in the city so far
as the same can be applied consistently with the interests and purposes
of this Charter but shall be deemed superseded as to this city so
far as inconsistent herewith. In all existing laws, ordinances and
regulations hereby saved, references to the City Council or other
bodies or officers hereby abolished and superseded or to bodies or
officers whose constitution or functions are hereby altered shall
be taken to mean the body or officer upon whom jurisdiction of the
matter in question is conferred by this Charter or by the Administrative
Code.
[Added 11-25-1969]
All ordinances and bylaws of the city or its
City Council shall continue in force until altered or repealed, except
where a contrary intent herein appears.
[Added 11-25-1969]
The incumbents, when this Charter takes effect,
who are not elected by popular vote, of all municipal offices not
hereby abolished or superseded shall continue to hold the same until
the expiration of their respective terms where a term of years exists
or until such offices are abolished or superseded by lawful ordinances.
[Added 11-25-1969]
The sections of this act and of charters created
hereunder are separable. If any portion of this act or of any charter
adopted under the provisions hereof or if the application of the act
or such charter to any person or circumstance shall be invalid, the
remainder thereof or the application of such invalid portions to other
persons or circumstances shall not be affected hereby.
[Added 11-25-1969]
This Charter shall take effect as of January
1 following its adoption.
