City of Framingham, MA Article I General Provisions

[Adopted 1-5-2021 by Ord. No. 2021-006 as Art. I, Sec. 2 through Sec. 12, of the General Ordinances]

§ 110-1 Elected officials, municipal officers and multiple-member bodies.

[Amended 2-2-2021 by Ord. No. 2021-011;[1] 5-4-2021 by Ord. No. 2021-031-001; 9-5-2023 by Ord. No. 2023-043-001; 4-30-2024 by Ord. No. 2024-025; 2-25-2025 by Order No. 2025-004-001]

A. The elected officials in the City pursuant to the Charter shall be the Mayor, at-large and district Councilors, School Committee members, Library Trustees, and Cemetery Trustees, elected as described in § 110-1D(1) below. Any registered voter of Framingham shall be eligible to hold any of these municipal offices.

B. The City shall have appointed positions that are considered a division head, department head, and other appointed staff positions. Vacancies in appointed positions shall be filled as provided in Article IX, § 15, of the Framingham Home Rule Charter.

C. The following positions appointed by the indicated authority for the stated terms are considered municipal officers of the City, and the positions in § 110-1C(1) and (2) with an asterisk (*) after the title are considered "designated municipal officers" for purposes of the ethics reporting requirements of § 110-10 herein, unless indicated otherwise. All appointments and promotions 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 experience to perform the duties of the office or position for which chosen.[2]

(1) Division heads.

Position	Appointing Authority	Term of Office
Administration and Finance/Chief Financial Officer*	Mayor	Coterminous with Mayor
Cemetery Director	Mayor, as recommended by the Cemetery Trustees	3 years
Chief of Police	Mayor subject to review by Council	3 years
Chief Operating Officer*	Mayor	Coterminous with Mayor
Citizen Participation Officer (new)	Mayor subject to review by Council	Coterminous with Mayor
City Solicitor	Mayor	Coterminous with Mayor
Director of Capital Projects and Facilities Management	Mayor subject to review by Council	3 years
Director of Human Resources	Mayor subject to review by Council	3 years
Director of Inspectional Services/Building Commissioner	Mayor subject to review by Council	3 years
Director of Parks, Recreation and Cultural Affairs	Mayor subject to review by Council	3 years
Director of Planning and Community Development	Mayor subject to review by Council	3 years
Director of Public Health	Mayor subject to review by Council	3 years
Director of Public Works*	Mayor subject to review by Council	3 years
Fire Chief	Mayor subject to review by Council	3 years
Library Director	Mayor, as recommended by the Library Trustees	3 years
Housing Authority Executive Director	Housing Authority	3 years
Superintendent of Schools	School Committee	By contract pursuant to MGL c. 71, § 41

(2) Department directors.

Position	Appointing Authority	Term of Office
Callahan Senior Center Director	Mayor	3 years
Chief Assessor	Mayor	3 years
Chief Procurement Officer*	Mayor	3 years
City Accountant	Mayor	3 years
Director of Media Services	Mayor	3 years
Director of Technology Services	Mayor	3 years
City-Owned Buildings Director	Mayor	3 years
Treasurer-Collector	Mayor	3 years
Veterans' Benefits and Services Director	Mayor	3 years

(3) Other municipal officers.

Position	Appointing Authority	Term of Office
Animal Control Officer	Police Chief	Indefinite
Assistant City Clerk	City Clerk subject to review by Council	Coterminous with City Clerk
Auditor	Council	Indefinite
City Clerk	Council	Indefinite
City Engineer	Public Works Department Head	Indefinite
Licensing Administrator	Board of License Commissioners	Indefinite
Sealer of Weights and Measures	Inspectional Services Division Head	Indefinite
Secretary of the Council	Council	Indefinite

(4) Other staff positions. The following positions are appointed by the indicated authority, subject to the consent of the Mayor, for the stated terms and are not considered municipal officers of the City:

Position	Appointing Authority	Term of Office
Assistant City Engineer	Public Works Department Head	Indefinite
Conservation Administrator	Planning and Community Development Division Head	Indefinite
Constables	Mayor	Indefinite
Director of Emergency Management (not a separate position)	Mayor	Indefinite; see Ch. 60
Fair Housing Officer	Human Resources Division Head	Indefinite
Fence Viewer (2) - MGL c. 49, § 1	Inspectional Services Division Head	Indefinite
Historian (not a paid position)	Mayor	Indefinite
Human Services Policy and Program Coordinator	Human Resources Division Head	Indefinite
Insect Pest Control Officer	Public Health Division Head	Indefinite
Planning Board Administrator	Planning and Community Development Division Head	Indefinite
Tree Warden	Public Works Department Head	Indefinite

[2] Text derives from Charter Art. III, § 3(a).

D. The City shall have municipal officials and multiple-member bodies that are elected or appointed. The Mayor is an ex officio member of every multiple-member body with the right to attend and participate in any meeting at any time, including executive sessions. The Mayor is also an ex officio member of the School Committee, but shall only vote to break a tie and is ineligible to serve as the School Committee's Chair, Vice Chair or Clerk.

(1) The following municipal officials are elected with the indicated number of members for the stated terms and each with an asterisk (*) after the title is considered a "designated municipal officer" for purposes of the ethics reporting requirements of § 110-10 herein:

Municipal Official	Number of Members	Term of Office	Number Elected/Election Year
Mayor*	1	4 years	1 at 1 election 0 in next election
At-large Councilors*	2	4 years	2 at 1 election 0 in next election
District Councilors*	9	2 years	9 in each election
Library Trustees	12	4 years	6 in 1 election 6 in next election
Cemetery Trustees (Trustees of the Edgell Grove Cemetery and other municipal cemeteries)	5	4 years	3 in 1 election 2 in next election
School Committee*	9	2 years	9 in each election

(2) Stipends or salary for elected officials. No elected official in § 110-1D(1) above shall receive a stipend, salary or emolument payable from the municipal treasury for performance of the duties for which that person was elected with the exception of the Mayor, Councilors and School Committee members. The Mayor shall receive an annual salary of $165,000, and Councilors and School Committee members shall each receive an annual stipend of $5,000, with each of their respective Chairs receiving an annual stipend of $7,500. Subject to appropriation by the Council, the Mayor shall be entitled to reimbursement of the actual and necessary expenses incurred in the performance of the duties of the office.[3]

[3] Text derives from Charter Art. III, § 1(d).

(3) The Strategic Initiatives and Financial Oversight Committee (SIFOC) shall do a review of elected official compensation among peer cities and present its findings and recommendations regarding salary and stipends for the Mayor, Council and School Committee in a report by the first of March of each mayoral election year.

E. The following public bodies are appointed with the members appointed by the indicated authority for the stated terms. All appointees to multiple-member bodies, with the exception of the Board of Assessors, must be residents of Framingham. The appointing authority shall strive to the extent practicable to seek appointees to such committees, boards, commissions and/or offices from the entire City, reflecting both demographic and geographic diversity of membership.

Board	Number of Members	Term of Office	Appointing Authority	Number Appointed/Year
Agricultural Advisory Committee	5	3 years	Mayor subject to review by Council	2 in 2 years 1 in 1 year
	Up to 4 alternates	3 years		See Ch. 12
Bicycle, Pedestrian and Trails Committee	9	3 years	See Ch. 23, § 23-2	3 in 1 year 3 in 2 years 3 in 3 years
Board of Assessors	3 (Framingham residency not required)	3 years	Mayor subject to review by Council	1 in 3 years
Board of Health - MGL c. 111, § 26	3	3 years	Mayor subject to review by Council	1 per year
Board of License Commissioners (Ch. 93)	5 with Chair, Vice Chair and Clerk designated by Mayor from members	3 years	Mayor subject to review by Council	2 in 2 years 1 in 1 year
Cable Advisory Committee	5	3 years	Mayor	2 in 2 years 1 in 1 year
Capital Improvement Committee	5	3 years	Mayor subject to review by Council
Charter Review Committee	11	See Article IX, § 5, of Charter	Mayor	5 in years ending in 3
			Council	3 in years ending in 3
			School Committee	3 in years ending in 3
Community Development Committee	7	3 years	Mayor subject to review by Council	3 in 1 year 2 in 2 years
Community Preservation Committee	9	3 years	As defined in Ch. 41	3 in years 1, 2 and 3
Conservation Commission	7	3 years	Mayor subject to review by Council	2 in 2 years 3 in 1 year
Council on Aging	7 to 11	3 years	Mayor subject to review by Council	See Ch. 9
Cultural Council	5 to 22	3 years (maximum of 6 consecutive years)	Mayor subject to review by Council	2-8 in 1 year 2-7 in 1 year 1-7 in 1 year
Cushing Memorial Chapel Advisory Committee	8 residents 1 from FHC	3 years 3 years	Mayor subject to review by Council Mayor subject to review by Council	3 in 2 years 2 in 1 year 1 in 1 year
	Director Facilities Management	—	—	—
Disability Commission	9	3 years (see Ch. 54)	Mayor subject to review by Council	3
Economic Development Corporation	7	3 years	Mayor subject to review by Council	See Chapter 124 of the Acts of 1995 and Chapter 283 of the Acts of 2022
Elderly and Disabled Tax Relief Committee (see MGL c. 60, § 3D)	3	3 years (was indefinite)	Mayor subject to review by Council	1 in 3 years
	Treasurer-Collector	—	—	—
	Chief Assessor	—	—	—
Fair Housing Committee	9	3 years	Mayor subject to review by Council	3 in 3 years 3 in 1 year 1 in 1 year
	1 representative from Community Development	1 year	Mayor subject to review by Council	1 in 1 year
	3 representatives from Housing Authority	1 year	Housing Authority	3 in 1 year
Framingham Emergency Management Agency (FrEMA)	As necessary	3 years	Mayor subject to review by Council	See Ch. 60
Historical Commission	Minimum 3, maximum 7	3 years	Mayor subject to review by Council	Approximately 1/3
Historic District Commission	7	3 years	Mayor subject to review by Council	2 in 2 years 3 in 1 year
	Up to 5 alternate members	1 year	Mayor subject to review by Council	Up to 5 in 1 year
Housing Authority (previously elected) (see MGL c. 121B, § 5)	4	5 years	Mayor subject to review by Council	1 in 1st year (2018) 1, who is a tenant, in 2nd year (2019) 0 in 2020 (appointment year for DHCD member) 1 in 4th year (2021) 1 in 5th year (2022) and thereafter as terms of mayoral appointments expire
	1	5 years	DHCD (or Mayor subject to review by Council if DHCD does not appoint a member within 120 days of when vacancy is created in position)	1 in 3rd year (2020) and thereafter as term of DHCD appointment expires
Human Relations Commission	13	3 years	Mayor subject to review by Council	5 in 1 year; 4 in 2 years
Keefe Regional Vocational School Committee	8	3 years	Mayor subject to review by Council	3 in 2 years 2 in 1 year subject to transition provision of Article X, § 7(b), of the Charter
Local Emergency Planning Committee (LEPC)	As necessary	3 years	Mayor subject to review by Council	See Ch. 60
Loring Arena Committee	7	3 years	Mayor subject to review by Council	3 in 1 year 2 in 2 years
Metrowest Area Planning Council	1	1 year	Mayor subject to review by Council	1 year
Ordinance Recodification Committee	9 members	See Article IX, § 6, of the Charter	Mayor	5 members in years ending in 5 or 0
			Council	4 members in years ending in 5 or 0
Park and Recreation Commission	5	3 years	Mayor subject to review by Council	2 in 2 years 1 in 1 year
Planning Board (previously elected)	5	3 years	Mayor subject to review by Council	2 in 2 years 1 in 1 year
Planning Board associate member	1	1	Mayor subject to review by Council	As needed
Police Advisory Committee	7	3 years	Mayor subject to review by Council	2 in 2 years 3 in 1 year
Registrar of Voters (See MGL c. 51, § 15)	3	3 years	Mayor subject to review by Council	2 in 1 year 1 in 1 year maintaining balance of 2 leading political parties
	City Clerk	—	—
Retirement Board (see MGL c. 32, § 20)	City Auditor	—	—	—
	1	3 years	Mayor subject to review by Council
	2	3 years	Elected by Retirement System members and retirees	1 in 2 years 0 in 1 year
	1 (not a City employee, retiree or official)	3 years	Appointed by other 4 Retirement Board members	1 in 1 year
Strategic Initiatives and Financial Oversight Committee (Ch. 149)	9 (1 of mayoral appointments designated as Chair)	3 years 3 years 3 years	Council, School Committee, Mayor	1 in 3 years 1 in 3 years 1 in 3 years
Sustainability Committee	9	3 years	Mayor	3
Traffic Commissioners (Ch. 165)	4 residents from designated areas of the City	3 years	Mayor (Chair and Vice Chair appointed by Commission members)	1 in 2 years 2 in 1 year
	Police Chief	—	—	—
	Fire Chief	—	—	—
	Public Works Director	—	—	—
	Superintendent of Schools	—	—	—
Veterans' Council	7	3 years	Mayor subject to review by Council	2 in 2 years 3 in 1 year
	FSU Rep	3 years	Mayor subject to review by Council	1 in 1 year
	MassBay CC Rep	3 years	Mayor subject to review by Council	1 in 1 year
	VSO	—		—
Youth Council	13	3 years	11 nominated by each Councilor and ratified by Council
			2 appointed by Mayor
Zoning Board of Appeals	3	3 years	Mayor subject to review by Council	1
Zoning Board of Appeals associate members	4	1 year	Mayor subject to review by Council	4

F. All appointments shall be in accordance with the Charter and any applicable personnel ordinance[4] and shall be for an indefinite period unless otherwise stated in these ordinances or in the General Laws of the Commonwealth of Massachusetts.

(1) All employees of multiple-member bodies shall be appointed by the Mayor, unless otherwise stated in these ordinances or in the General Laws of the Commonwealth of Massachusetts.

(2) Except as stated above or in the following, all employees of the City shall be appointed by a division head or department director, subject to the consent of the Mayor.

(3) Employees of the following governmental bodies shall be appointed by the indicated authority:

Body Name	Appointing Authority
Library	Library Division Head, subject to the consent of the Mayor
Cemetery	Cemetery Division Head, subject to the consent of the Mayor
Housing Authority	Housing Authority, subject to the consent of the Mayor
School Department	Superintendent of Schools on behalf of the School Committee
School Department - specially designated positions	School Committee

[4] Editor's Note: See Ch. 119, Personnel.

[1] Editor's Note: Order No. 2021-011 was vetoed by the Mayor 2-19-2021; the Council voted to override the Mayor's veto 3-9-2021.

§ 110-2 Office hours and meeting times.

A. All municipal officers and multiple-member bodies 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 Mayor.

B. All municipal officers and multiple-member bodies shall notify the City Clerk of their organization and office hours or time of stated meetings.

C. All meetings of all boards and committees, elected or appointed, except the Framingham Retirement Board, Council on Aging, Registrars of Voters, Cemetery Trustees, Veterans' Council, Board of Assessors, Disability Commission, Elderly and Disabled Tax Relief Committee, Youth Council, Cushing Memorial Chapel Advisory Committee, and any School Council, shall commence no earlier than 7:00 p.m., except in emergency situations and for executive sessions, and for such emergency meetings and executive sessions the first order of business shall be the recording of the nature of the meeting. This provision shall not apply to any subcommittee, task force, or working group of an elected or appointed board, so long as the subcommittee, task force, or working group is not comprised of a quorum of members of the elected or appointing board.

[Amended 5-21-2024 by Ord. No. 2024-007-001]

§ 110-3 Financial provisions and contracts.

A. 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-Collector, and on the completion of the work, the Treasurer-Collector shall retain the cost of such work and return the balance, if any, to the depositor.

B. All contracts entered into by, for or on behalf of the municipality by any officer or municipal agency shall be subject to the approval of the Mayor, unless otherwise provided by law.[1]

[Amended 4-30-2024 by Ord. No. 2024-025]

[1] Text derives from Charter Art. VI, § 10.

C. No contract involving an obligation of the City exceeding the sum of $500 shall be binding upon the City unless it is in writing and signed prior to the commencement of performance thereof by the Mayor or the Mayor's designee.

D. No contract on behalf of the City extending beyond three years from the date thereof shall be made unless specific authority to do so has been given by vote of the Council, with the exception of energy usage contracts, which may be contracted for a term of up to five years without a Council vote provided applicable procurement rules and regulations are followed.

E. Whenever any property of the City valued at $200 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 City, unless the Council shall vote otherwise.

F. 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 $4,000 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 City 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 City 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 therefor. No bill or contract shall be split or divided for the purpose of evading any provision of this section.

G. Fees and fines assessed by all officers and departments of the City received from all sources shall be turned over to the City Treasurer-Collector.

H. Budgets for all municipal officers, multiple-member bodies, and departments shall be as appropriated by Council.

§ 110-4 Affirmative action.

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

AGENCY

Includes any board, bureau, commission, committee, department or other agency of the City of Framingham including the School Committee.

BIDDER

Includes any bidder, sub-bidder or prospective contractor and his subcontractors, any other subcontractor or other contracting party.

CONTRACT

Includes any contract, subcontract or other agreement.

CONTRACTOR

Includes any contractor and his subcontractors, any other subcontractor or other contracting party.

B. No 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, religious creed, national origin, ancestry, sex, gender identity, age, disability, sexual orientation, genetics, status as an active member of the Armed Forces of the United States, or any other protected class recognized under state or federal law ("protected class status").

C. Report.

(1) Each bidder and contractor shall include with all bids and all compliance and progress reports submitted to any City agency a report which shall include:

(a) A certificate stating that he is currently in compliance with the provisions of MGL c. 151B governing nondiscrimination 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 protected class status; and

(b) 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's or other agency's practices and policies do not discriminate on the basis of any protected class status, 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.

(2) A copy of any such report shall be filed in the office of the City Clerk and shall upon said filing become a public record.

D. Every 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:

(1) During the performance of this contract the contractor agrees as follows:

(a) 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 any protected class status.

(b) 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 any protected class status.

(c) The contractor and subcontractors will include the provisions of Subsection D(1)(a) and (b) above in every subcontract or purchase order.

(2) If the contracting 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:

(a) Order the contract terminated in whole or in part.

(b) Permit continuation of the contract upon the submission of a specified program for immediate compliance.

(c) Assess liquidated damages of $50 for each day that the contractor is found not to be in compliance.

(d) Withhold payments to the contractor under the contract until he is in compliance.

(e) 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.

E. As used in this section "affirmative action" means positive steps to ensure all qualified persons equal employment without regard to any protected class status at all stages of the employment process, recruitment, selection, placement, promotion, training, layoff and termination.

(1) It may include but is not limited to the following:

(a) Inclusion in all solicitations and advertisements for employees of a statement that the contractor is an "equal opportunity employer."

(b) Placement of solicitations and advertisements for employees in media that reaches minority groups.

(c) Notification in writing of all recruitment sources that the contractor solicits the referral of applicants without regard to any protected class status.

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

(e) Participation in or establishment of apprenticeship or training programs where outside programs are inadequate or unavailable to minority groups.

(f) 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 protected class status.

(g) 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 any protected class status.

(2) In determining whether the steps taken or proposed by any bidder or contractor constitute affirmative action under this section, the 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.

F. Duties of Human Relations Commission.

(1) The Human Relations Commission shall receive and investigate or cause to be investigated complaints by employees or prospective employees of a City contractor, subcontractor or supplier which allege discrimination contrary to this section and may on its own initiative investigate employment practices of a City contractor, subcontractor or supplier. Findings and determinations on such investigations, together with the records and recommendations, shall be reported by the Human Relations Commission to the Mayor and the contracting agency concerned.

(2) The Human Relations Commission shall cooperate with the Mayor 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.

(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 City Solicitor, 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.

G. The provisions of this section shall not apply to any contract for less than $5,000 or to bidders and contractors employing fewer than six persons, provided that where the contract is for less than $5,000, but not less than $2,000, any agency may apply the provisions of this section to any contract, bidder, or contractor.

§ 110-5 General provisions.

A. No elected or appointed municipal officer may represent a client before any municipal officer or multiple-member body.[1]

[1] Editor's Note: Original Art. I, Sec. 6.2, which immediately followed this subsection and duplicated Charter Art. IX, § 12, was repealed 4-30-2024 by Ord. No. 2024-025.

B. Permanent officers, board members, and committee members of the City 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 the office for the specified term or until a successor has been appointed and has been qualified under Article IX, § 12, of the Charter. However, in the instance when an appointed office holder is elected to office in Framingham, such appointed office holder will vacate the appointed office upon being sworn into elective office.

C. Subject to the residence eligibility requirements under the Charter for district Councilors and members of the School Committee, any voter shall be eligible to hold any elective City office, but no person holding any elective City office shall simultaneously assume any other elective or appointed City office. The prohibition against holding two elective City offices or an elected City office and an appointed City office simultaneously shall not apply in reference to an elected Charter Commission member or ad hoc committee or other temporary committee.

D. All cars owned by the City of Framingham shall be designated by a circular label not less than six inches in diameter bearing the words "City of Framingham" and the name of the City department.

E. Whenever the Council or the Mayor shall establish a multiple-member body, 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. However, nothing herein shall prevent the Council or the Mayor 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.

F. In any instance wherein the majority of a multiple-member body appointed by act of the Council or the Mayor votes that the appointing authority replace one or more members of such multiple-member body, 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 Council or the Mayor to withdraw or revoke said appointments, nor shall the provisions herein be applied in any manner contrary to other provisions of law.

G. Each multiple-member 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, except for executive sessions.

H. Each multiple-member body shall provide for keeping of minutes of its meetings. Each multiple-member body shall provide minutes to the City Clerk in a timely manner according to Open Meeting Law (MGL c. 30A, §§ 18 to 25) practices of posting meeting minutes. All members present and all members absent shall be listed in the minutes.

(1) All votes taken shall be reported in the minutes. For elected boards, the minutes shall include the name and vote of each member voting.

(2) The minutes of each public meeting of a multiple-member body shall be prepared by the Clerk or his or her designee of the respective multiple-member body and sent to the City Clerk within 10 days, not including weekend days or holidays, following the next meeting of the multiple-member body, but not later than 45 days after the date when the meeting was held. The minutes shall indicate whether they have or have not been approved by the multiple-member body when submitted to the City Clerk. If a meeting is cancelled, or if no quorum is present at a scheduled meeting, the City Clerk shall be notified and minutes do not have to be provided.

(3) The City Clerk shall log the receipt of minutes and send them to the Framingham Public Library in hard copy form, where they shall be kept for a period of seven years. If minutes are provided to the City Clerk in electronic form and they have been prepared according to the standards defined by the Framingham webmaster, they shall be posted on the Framingham website in addition to being sent to the library.

(4) The City Clerk shall note the receipt of minutes. If after 45 days from the date of a posted public meeting of a multiple-member body the City Clerk has not received a copy of the minutes, then the City Clerk shall notify the Chair of the multiple-member body that the minutes have not been received.

I. A multiple-member body may hold an executive session according to the Open Meeting Law (MGL c. 30A, §§ 18 to 25) practices and shall provide for keeping of minutes of executive sessions.

(1) A multiple-member body shall notify the City Clerk of all executive sessions that were held or will be held. If a multiple-member body adjourns a public meeting to go into executive session the City Clerk shall be so notified so that the executive session can be entered into the City Clerk's log of meetings.

(2) When a multiple-member body adjourns a public meeting to go into executive session the minutes of that public meeting shall indicate the reason for the executive session and the vote by each member to go into executive session.

(3) Minutes of an executive session shall indicate the attendance at such meeting and how each member voted when a vote is taken. Minutes of an executive session may be withheld from the public record until they are released by a vote of the multiple-member body.

(4) Annually the Chair shall request that the board, committee or commission vote to release previous minutes of executive sessions, or portions thereof, as a public record or to retain minutes of previous executive sessions as non-public records.

(5) Executive session minutes of a multiple-member body, appropriately marked, shall be kept by the Clerk of the multiple-member body or shall be stored at the office of the multiple-member body, if available, or shall be sent to the City Clerk who shall store these minutes separate from minutes of public sessions. For executive session minutes that have not yet been released, the City Clerk shall maintain a log and may only release a copy to the Chair of the multiple-member body and shall do so when requested.

(6) Executive session minutes of multiple-member bodies that involve the City Solicitor shall be reviewed by the City Solicitor before being released. Release of executive session minutes of multiple-member bodies that involve meetings with the City Solicitor must be approved by the Mayor to waive the attorney-client privilege for specific communications.

J. Each multiple-member body shall provide a report of its activities to the Mayor for publication in the Annual Report by the date and in the format established by the Mayor.

K. The City Clerk shall update the tables in § 110-1 of this article as officers, boards and committees are created or deleted pursuant Massachusetts General Laws.

L. At least 60 days before the expiration of an appointee's term, an appointing authority shall provide a public posting that a term of an appointment will expire and a new appointment will be made.

M. All multiple-member bodies shall separately post all background and supporting materials including visual presentations within the time required by the Open Meeting Law[2] to post the meeting, provided that the multiple-member body may by a majority roll call vote waive this provision; otherwise, the matter shall be postponed until a future meeting.

[Added 5-18-2021 by Ord. No. 2021-048-001]

[2] Editor's Note: See MGL c. 30A, §§ 18 to 25.

§ 110-6 Uniform procedures governing multiple-member bodies. [1]

A. Meetings. All multiple-member bodies of the municipality, whether elected, appointed or otherwise constituted, shall meet regularly at such times and places as they may, by their own rules prescribe, unless some other provision is made by ordinance or by law. Special meetings of any multiple-member body shall be held on the call of the Chair or by 1/3 of the members thereof by written notice delivered in hand to each member or to the place of residence of each member at least 48 hours in advance of the time set, which shall contain notice of the subjects to be acted upon. A copy of the notice shall also be posted on the municipal bulletin board. Except as may otherwise be authorized by law, all meetings of all multiple-member bodies shall at all times be open to the public.

B. Rules. Each multiple-member body shall determine its own rules and order of business unless another provision is made by Charter, ordinance or bylaw, and shall provide for keeping of the minutes of its proceedings. These rules shall be a public record and copies shall be placed on file in the office of the City Clerk and posted on the municipal bulletin board.

C. Voting. If requested by any member, any vote of any multiple-member body shall be taken by a call of the roll and the vote of each member shall be recorded in the meeting minutes, but if the vote is unanimous, only that fact need be recorded, unless otherwise required by law.

D. Quorum. A majority of the members of a full multiple-member body shall constitute a quorum. Unless some other provision is made by law, by ordinance or by the multiple-member body's own rules while a quorum is present, except on procedural matters, a majority of the full membership of the body shall be required to adopt any vote representing an exercise of the powers of the multiple-member body.

[1] Text derives from Charter Art. IX, § 7.

§ 110-7 Limitation on office holding. [1]

No person shall simultaneously hold more than one full-time municipal office or position of employment. Any hours worked in any part-time position shall not be the same or otherwise conflict with the hours worked in another part-time position or a full-time position.

[1] Text derives from Charter Art. IX, § 13.

§ 110-8 Eligibility for benefit programs. [1]

No elected official other than the Mayor shall be eligible to participate in the municipality's group health insurance, life insurance, or other benefit programs.

[1] Text derives from Charter Art. IX, § 16.

§ 110-9 Prohibition against self-dealing. [1]

No candidate for public office, elected public official, division head or department director shall have a financial interest, direct or indirect, in any contract made by the municipality.

[1] Text derives from Charter Art. IX, § 17.

§ 110-10 Ethics reporting requirement. [1]

A. Every candidate for Mayor, Councilor or School Committee member, or elected Mayor, Councilor or School Committee member, or the Superintendent of Schools, Chief Financial Officer, Chief Procurement Officer, Chief Operating Officer, Public Works Director, or any other municipal officers as may from time to time be designated by ordinance, shall file a statement of financial interest for the preceding calendar year with the City Clerk on or before the date on which a certificate of nomination or nomination papers for such candidate are due. Collectively, this group of municipal officers shall be referred to as "designated municipal officers" for purposes of this section. This provision shall also apply to any individual serving as a designated municipal officer within 30 days of their initial appointment; for incumbent designated municipal officer such statement shall be due on May 1 of each year. After such initial filing, any designated municipal officers shall file on or before May 1 of the year. Such persons ceasing to be a designated municipal officer shall be required to file if still in office for any part of the calendar year for which statements are due. All statements are to be submitted to said City Clerk. Every candidate for Mayor, Council or School Committee who has not filed nomination papers with the City Clerk, but on whose behalf a statement of organization of a political committee has been filed, and who is seeking public office by the so-called "write in" or "sticker" method, shall within three days after such filing, file a statement of financial interest with the City Clerk. No elected designated municipal officer shall be required to file a statement of financial interests for any year in which such officer ceased to be a designated municipal officer if such officer served less than 30 days in such year.

B. No candidate for Mayor, Councilor or School Committee member shall be eligible to run for such public office or no presently serving such elected official be able to continue to serve in public office unless such person has filed a statement of financial interests with the City Clerk as required by this section. A vacancy in said public office shall be declared 30 days after final notice has been given in accordance with this section by the City Clerk to a person currently holding office in violation of this section.

C. No division head shall be allowed to continue in such division head's duties or to receive compensation from public funds unless such division head has filed a statement of financial interests with the City Clerk as required by this section.

D. The City Clerk shall, upon receipt of a statement of financial interests pursuant to the provisions of this section, issue to the person filing such statement a receipt verifying the fact that a statement of financial interests has been filed and a copy of such statement clearly indicating receipt by the City Clerk.

E. The statement of financial interests filed pursuant to the provisions of this section shall be on a form prescribed by the City Clerk that shall be substantially similar to that required by the State Ethics Commission in accordance with the General Laws and shall be signed under penalty of perjury by the person filing the statement.

F. Nothing in this section shall be construed to require the disclosure of information which is privileged by law.

G. Failure of a designated municipal officer to file a statement of financial interests within 10 days after receiving notice of said failure or of the filing of an incomplete statement of financial interests, shall be found in violation of this section.

H. The Mayor shall propose to the Council an ordinance to implement this section.

[1] Text derives from Charter Art. IX, § 18.

§ 110-11 Rules and regulations. [1]

A copy of all rules and regulations adopted by any municipal agency 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 municipal agency shall become effective until five days after the date it is so filed. All rules and regulations which have finally been adopted shall be promptly posted on the municipal bulletin board.

[1] Text derives from Charter Art. IX, § 4.

§ 110-12 Neighborhood advisory groups. [1]

[Added 5-18-2021 by Ord. No. 2021-015-002]

A. Multiple-member bodies and municipal officers shall provide advance notification of any municipal-related public works or utility project taking place or of a public hearing for a license or permit sought within or adjacent to the group's area. Multiple-member bodies shall solicit mitigation concerns from a group for development projects within a group's neighborhood area.

B. A multiple-member body, upon the request by vote of a group, shall make time on its agenda to hear the concerns and ideas of the neighborhood advisory group.

[Amended 4-30-2024 by Ord. No. 2024-025]

C. Upon the request of a neighborhood advisory group, multiple-member bodies and municipal officers may waive all necessary fees for permits and licenses, and provide technical and financial assistance, for said groups to conduct an annual neighborhood block party, and municipal officers shall make reasonable accommodations during regular hours of operation for groups to utilize public meeting spaces at no cost to the group.

[1] Editor's Note: See also Ch. 104, Neighborhood Advisory Groups.