2-1-1
The legislative body of the Town shall be a Town Council whose
members shall be elected to meet, deliberate, act and vote in exercise
of the corporate powers of the Town.
2-1-2
Nine (9) council members shall be nominated and elected from
the Town at large, all for two year concurrent terms of office.
2-1-3
Town Council members shall receive no compensation for service
but may be allowed expenses incurred in the performance of their official
duties.
2-1-4
The term of office of the Town Council shall begin on the second
Wednesday following the election and continuing until their successors
are qualified.
[Amended by Ch. 331, Acts of 2010, approved at referendum 11-2-2010]
2-2-1
Any registered voter of the Town shall be eligible for election
to Town Council membership. However, no person holding an elective
office of the Town as established in general law, Article Three of
this charter, or bylaw, shall take the oath or affirmation of office
as a Town Councillor.
2-2-2
No town councillor shall, while a member of the Town Council,
hold any other compensated town office or position. No former councillor
shall hold any compensated appointive office or employment until one
year after the expiration of service on the Town Council. This provision
shall not prevent a town officer or employee who has taken a leave
of absence from such duties in order to serve as a member of the Town
Council from returning to such office or employment following service
as a member of the Town Council.
2-3-1
At the first council meeting following each regular town election,
the council shall choose from its membership a chairman, vice-chairman
and clerk, each of whom shall serve for a 1-year term. The council
may reorganize itself at any time during the year by a 2/3 vote of
its membership. The chairman shall preside at meetings of the council
and shall perform such other duties as provided by this charter, by
by-law or by council vote. The vice-chairman shall act as chairman
during the absence or disability of the chairman. The clerk shall
ensure that proper notice of all council meetings is provided to its
members and to the public, that all votes of the council are recorded
and that minutes of all council proceedings are kept and shall perform
such other duties as may be assigned by this charter, by by-law or
by vote of the council.
[Amended by Ch. 331, Acts of 2010, approved at referendum 11-2-2010]
2-3-3
Vacancies which occur in the offices of Chairman, Vice Chairman
or Clerk shall be filled at the next regular Council meeting following
the vacancy. All appointments to fill vacancies in Council offices
shall be for the remainder of the origin alone-year term of office.
2-4-1
Except as otherwise may be provided by this Charter, all general,
corporate, legislative and appropriations powers of the Town shall
be vested in the Town Council.
2-4-2
The Council may enact bylaws, rules, regulations, and other
orders, not inconsistent with this Charter, governing its own proceedings,
town functions, and all matters bearing on the exercise of its powers
and duties.
2-4-3
The Council shall provide minutes of its proceedings to be kept
and maintained as a public record in the office of the town clerk.
[Amended by Ch. 331, Acts of 2010, approved at referendum 11-2-2010]
2-4-4
The Council shall have the power to appoint the following:
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(a) a Town Administrator, as provided in Article Four; (b) a
Chairman and Vice Chairman of the Council, as provided in Section
2-3-1; (c) a Clerk of the Council, as provided in Section 2-3-2;(d)
a Finance Committee, as provided in Article Six; and (e)special study
committees the composition of which shall be determined by the Council.
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2-5-1
The Town Council shall meet regularly at least once in each
month. Special meetings may be held at any time if called by the chairman
or by four 4 members of the council; provided, however, that for special
meeting, at least 48 hours personal notice shall be given to each
council member, except in case of an emergency. All council meetings
shall be conducted in accordance with the open meeting provisions
of General Laws.
[Amended by Ch. 331, Acts of 2010, approved at referendum 11-2-2010]
2-5-2
A majority of the full Council membership shall constitute a
quorum for the purpose of conducting business.
2-5-3
Except as otherwise may be provided by general law provisions
respecting closed sessions, all meetings of the Council shall be open
to the public, and residents and employees of the Town shall have
a reasonable opportunity to be heard at any such meeting.
2-6-1
Proposed bylaws shall deal with one (1) subject only and shall
be introduced in writing and in the form necessary for final adoption.
2-6-2
Any bylaw which amends or repeals a portion of the Town bylaws
shall set out in full the portion to be so amended or repealed, by
the use of strikeout type, brackets or underscoring.
2-6-3
Prior to final passage, each introduced bylaw shall be read
at two (2) separate Council meetings, except in cases of special emergency
involving the health or safety of the people or their property. No
bylaw shall be declared an emergency unless such an emergency is defined
and declared in a preamble thereto, separately voted on and receiving
the affirmative vote of at least two-thirds (2/3) of the full Council
membership.
2-6-4
The affirmative vote of a majority of the full Council membership,
except as otherwise provided by general law or this Charter, shall
be necessary for the final passage of any by-law, resolution or other
action.
[Amended by Ch. 331, Acts of 2010, approved at referendum 11-2-2010]
2-6-5
All votes on regular and emergency bylaws shall be taken by
roll call and shall be recorded in the minutes.
[Amended by Ch. 331, Acts of 2010, approved at referendum 11-2-2010]
2-7-1
In addition to other acts required by statute or this Charter
to be accomplished through bylaw, those acts of the Town Council shall
be through bylaw which: (a) adopt or amend administrative bylaws or
establish, alter, or abolish any town department, office or agency;
and (b) provide for a fine or other penalty, or establish a rule or
regulation for the violation of which a fine or other penalty is imposed;
and (c) establish all fees which are not set by general law.
2-8-1
Unless recalled in accordance with Article Five, Section 4 of
this charter, a vacancy in the office of Councillor at Large shall
be declared by the Town Clerk following notification of the death,
permanent disability to serve, resignation, and/or failure to maintain
a permanent residency within the Town of Franklin.
2-8-2
Vacancies shall be filled by special election to be called within
ninety (90) days of said vacancy unless a regular or special town
election shall occur within one hundred twenty (120) days.
