All general laws, special laws, town by-laws, town meeting votes, and rules and regulations of or pertaining to Framingham that are in force when this charter takes effect, and not specifically or by implication repealed by this charter, shall continue in full force and effect until amended or repealed, or rescinded by due course of law, or until they expire by their own limitation. In any case in which the provisions of this charter are found to be inconsistent with the provisions of any general or special law that would otherwise be applicable, the provisions of this charter shall be deemed to prevail. Every inconsistency between the prior law and this charter shall be decided in favor of this charter.
All municipal agencies and municipal officials shall continue to perform their duties until reappointed, or until successors to their respective positions are duly appointed, or until their duties have been transferred and assumed by another municipal agency.
All records, property and equipment whatsoever of any municipal agency, or part thereof, the powers and duties of which are assigned in whole or in part to another municipal agency, shall be transferred forthwith to such agency.
Any person holding a municipal office, or a position in the administrative service of the municipality, or any person holding full-time employment under the municipality, shall retain such office, or position, or employment, and shall continue to perform the duties of such office, position or employment until provision shall have been made for the performance of those duties by another person or agency; provided, however, no person in full-time service of the municipality shall forfeit his or her time in service of the municipality.
All official bonds, recognizances, obligations, contracts, and other instruments entered into or executed by, with or on the behalf of the municipality before the adoption of this charter, shall continue to be obligations of the municipality and all taxes, assessments, fines, penalties, forfeitures, incurred or imposed, due or owing to the municipality, shall be enforced and collected; and all writs, prosecutions, actions and causes of action, except as herein otherwise provided, shall continue without abatement and remain unaffected by the charter; and no legal act done by or in favor of the municipality shall be rendered invalid by reason of the adoption of this charter.
a)
Certain Special Laws Recognized and Retained: The following special acts are hereby especially recognized and retained:
i.
Chapter 19 of the Acts of 2013, An Act Authorizing the Town of Framingham to Place Municipal Charge Liens on Certain Properties in the Town of Framingham for Nonpayment of Any Local Charges, Fee or Fine;
ii.
Chapter 147 of the Acts of 1997, An Act Exempting the Position of Deputy Police Chief in the Town of Framingham from the Provisions of the Civil Service Law;
iii.
Chapter 590 of the Acts of 1987, An Act Exempting the Position of Chief of Police in the Town of Framingham from the Provisions of the Civil Service Law;
iv.
Chapter 126 of the Acts of 1986, An Act Exempting the Offices of Sealers and Deputy Sealers of Weights and Measures of the Town of Framingham from the Civil Service Law and Providing for the Appointment of the Sealers and Deputy Sealers of Weights and Measures by the Selectmen of Said Town;
v.
Chapter 124 of the Acts of 1995, An Act Establishing An Economic Development Industrial Corporation in the Town of Framingham;
vi.
Chapter 10 of the Acts of 1987, An Act Authorizing the Town of Framingham to Appoint Non-Resident Assessors;
vii.
Chapter 339 of the Acts of 1983, An Act Exempting the Office of Town Accountant of the Town of Framingham from the Civil Service Law and Providing for the Appointment of the Town Accountant by the Selectmen of Said Town;
viii.
Chapter 235 of the Acts of 1924, An Act to Annex Part of the Town of Sherborn to the Town of Framingham;
ix.
Chapter 273 of the Acts of 1890, An Act to Annex A Part of the Town of Sherborn to the Town of Framingham;
x.
Chapter 216 of the Acts of 1871, An Act to Annex A Part of the Town of Natick to the Town of Framingham;
xi.
Chapter 26 of the Acts of 1833, An Act to Set Off A Part of Holliston, and Annex the Same to the Town of Framingham;
xii.
Chapter 21 of the Acts of 1790, An Act to Set Off the Northwestwardly Corner of Framingham in the County of Middlesex, and to Annex the Same to the Town of Marlborough in the Same County;
xiii.
Chapter 60 of the Acts of 1785, An Act to Set Off Daniel Fay, Elisha Bemis, Phineas Bemis, John Leonard and Lydia Peirce, from the Town of Framingham, in the County of Middlesex, and to Annex Them to the Town of Southborough in the County of Worcester;
xiv.
Chapter 133 of the Resolves of 1781, Resolve on the Petition of David Fay, Elisha Bemis and Others;
xv.
Chapter 33 of the Resolves of 1719-20, Order of Savil Simpsons Petition, Annexing His Land to Framingham;
xvi.
Chapter 44 of the Acts of 1702, Order for Settling the Bounds Between the Town of Sudbury and the Farms Annexed to Framingham;
xvii.
Chapter 38 of the Acts of 1700, Order for Annexing to the Town of Framingham the Farms of David Rice, Thomas Drury, and Others, adjacent to the Town of Sudbury;
xviii.
Chapter 51 of the Resolves of 1700, Resolve and Order for an Explanation of a Former Order Relating to Framingham and Annexing Thereto All the Lands in Sherburne Which, in 1679, Belonged to Thomas Danforth and Were Excepted into Confirmation of the Township of Sherburne by the Grand Ct.; and,
xix.
Chapter 32 of the Acts of 1700, Order for Erecting the Plantation called Framingham into a Township by the Same Name.
b)
Certain Obsolete Special Laws Repealed: The following special laws, and any amendment thereto, which were enacted for special purposes and were limited in time by their own provisions are hereby recognized as obsolete and are to stand repealed, but all acts taken under the authority of the said special laws is hereby preserved:
i.
Chapter 126 of the Acts of 2016, An Act Increasing the Membership of the Board of Health in the Town of Framingham;
ii.
Chapter 63 of the Acts of 2016, An Act Relative to Town Meetings in the Town of Framingham;
iv.
Chapter 57 of the Acts of 2008, An Act Relative to Town Meeting Members in the Town of Framingham;
v.
Chapter 97 of the Acts of 2006, An Act Authorizing Recall Elections in the Town of Framingham;
vi.
Chapter 75 of the Acts of 2005, An Act Amending the Personnel Powers of the Town Manager in the Town of Framingham;
vii.
Chapter 372 of the Acts of 2004, An Act Relative to Town Meeting Members in the Town of Framingham;
viii.
Chapter 350 of the Acts of 2004, An Act Relative to the Appointment of Members of Certain Commissions in the Town of Framingham;
ix.
Chapter 169 of the Acts of 2003, An Act Relative to Preliminary Elections in the Town of Framingham;
x.
Chapter 338 of the Acts of 2002, An Act Relative to Representative Town Government in Framingham;
xi.
Chapter 34 of the Acts of 2002, An Act Relative to Voting Precincts in the Town of Framingham;
xii.
Chapter 341 of the Acts of 1998, An Act Relative to Preliminary Elections in the Town of Framingham;
xiii.
Chapter 338 of the Acts of 1998, An Act Relative to Town Meeting Members in the Town of Framingham;
xiv.
Chapter 333 of the Acts of 1998, An Act Relative to the Board of Selectmen-Town Manager Form of Government in the Town of Framingham;
xv.
Chapter 418 of the Acts of 1996, An Act Establishing A Department of Finance in the Town of Framingham;
xvi.
Chapter 27 of the Acts of 1996, An Act Establishing a Board of Selectmen-Town Manager Form of Government in the Town of Framingham;
xvii.
Chapter 54 of the Acts of 1992, An Act Relative to Town Meeting Members in the Town of Framingham;
xviii.
Chapter 277 of the Acts of 1991, An Act Authorizing the Registrar of Voters and Assistant Registrar of Voters in the Town of Framingham to be Town Meeting Members;
xix.
Chapter 632 of the Acts of 1989, An Act Relative to the Qualifications for the Position of Executive Administrator;
xx.
Chapter 338 of the Acts of 1983, An Act Relative to the Filing of Withdrawal from Nomination at a Preliminary Election in the Town of Framingham;
xxi.
Chapter 284 of the Acts of 1982, An Act Relative to the Appointment of the Treasurer-Collector in the Town of Framingham;
xxii.
Chapter 697 of the Acts of 1979, An Act Relative to the Date for Filing Nomination Papers for Nonpartisan Preliminary Elections in the Town of Framingham;
xxiii.
Chapter 34 of the Acts of 1979, An Act Authorizing Nonpartisan Preliminary Elections in the Town of Framingham;
xxiv.
Chapter 207 of the Acts of 1976, An Act Further Regulating the Membership of the Representative Town Government in the Town of Framingham;
xxv.
Chapter 488 of the Acts of 1976, An Act Increasing the Number of Voting Precincts in the Town of Framingham;
xxvi.
Chapter 816 of the Acts of 1975, An Act Establishing the Position of Executive Administrator in the Town of Framingham;
xxvii.
Chapter 710 of the Acts of 1974, An Act Providing for the Appointment of the Treasurer-Collector in the Town of Framingham by the Board of Selectmen of Said Town with the Advice and Consent of Its Finance Committee;
xxviii.
Chapter 804 of the Acts of 1969, An Act to Provide for the Filling of Vacancies in the Full Number of Town Meeting Members in the Town of Framingham;
xxix.
Chapter 805 of the Acts of 1969, An Act Relative to the Membership of the Representative Town Government in the Town of Framingham;
xxx.
Chapter 425 of the Acts of 1966, An Act Establishing a Town Manager Form of Government for the Town of Framingham;
xxxi.
Chapter 34 of the Acts of 1962, An Act Authorizing the Town of Framingham to Abolish the Office of Tree Warden and Transfer the Powers and Duties Thereof to the Commissioners of Public Works;
xxxii.
Chapter 166 of the Acts of 1962, An Act Providing for Party Nominations for Town Officers in the Town of Framingham;
xxxiii.
Chapter 56 of the Acts of 1953, An Act to Provide for the Filling of Vacancies in the Full Number of Town Meeting Members in the Town of Framingham;
xxxiv.
Chapter 609 of the Acts of 1953, An Act Providing that Town Meeting Members of the Town of Framingham may be Candidates for Re-Election;
xxxv.
Chapter 76 of the Acts of 1952, An Act Relative to the Establishment in the Town of Framingham of Representative Town Government by Limited Town Meetings;
xxxvi.
Chapter 143 of the Acts of 1949, An Act Establishing in the Town of Framingham Representative Town Government by Limited Town Meetings;
xxxvii.
Chapter 321 of the Acts of 1935, An Act Subjecting the Office of Town Accountant of the Town of Framingham to the Civil Service Law;
xxxviii.
Chapter 232 of the Acts of 1933, An Act Abolishing the Commissioners of Public Works in the Town of Framingham and Vesting the Powers of Said Commissioners in the Board of Selectmen;
xxxix.
Chapter 50 of the Acts of 1925, An Act to Incorporate the City of Framingham;
xl.
Chapter 358 of the Acts of 1915, An Act to Confirm Certain Acts of the Town of Framingham;
xli.
Chapter 701 of the Acts of 1914, An Act to Provide for Commissioners of Public Works in the Town of Framingham; and,
xlii.
Chapter 238 of the Acts of 1910, An Act to Authorize the Committee of General Inquiry of the Town of Framingham to Summon Witnesses and Examine Them Under Oath.
c)
Subject to the provisions of Article VII, section 3, the nine district councilors and nine district school committee members from each of the following districts, which shall be comprised as follows:
District 1: Precincts 22, 23, and 24
District 2: Precincts 25, 26, and 27
District 3: Precincts 19, 20, and 21
District 4: Precincts 16, 17, and 18
District 5: Precincts 10, 11, and 15
District 6: Precincts 7, 8, and 9
District 7: Precincts 12, 13, and 14
District 8: Precincts 4, 5, and 6
District 9: Precincts 1, 2, and 3
d)
The initial stipend for the councilors shall be established as $5,000 for each councilor and $7,500 for the council chair. The initial stipend for the members of the school committee shall be established as $5,000 for each person elected as a school committee member and $7,500 for the chair of the school committee.
e)
Not later than thirty (30) days following the date of the adoption of this charter by the voters the city clerk shall give to each member of the Massachusetts House and Senate who represent any part of Framingham a copy of the vote ratifying this charter and the following petition for the enactment of a special law applicable to Framingham in the following form:
AN ACT REQUIRING CANDIDATES FOR MAYOR AND COUNCIL IN FRAMINGHAM TO ADHERE TO AND REPORT IN ACCORDANCE WITH SECTION 19 OF CHAPTER 55
SECTION 1. Notwithstanding any general or special law to the contrary, candidates for mayor and council, and any committee formed relative to these offices, in Framingham shall be covered by section 19 of chapter 55 and required to designate a financial institution as a depository for the campaign funds of such candidate or committee, and make report of its activities to the Office of Campaign Finance in accordance with chapter 55.
SECTION 2. This act shall take effect upon its passage.
f)
Not later than thirty days following the date of the adoption of this charter by the voters the city clerk shall give to each member of the Massachusetts House and Senate who represent any part of Framingham a copy of the vote ratifying this charter and the following petition for the enactment of a special law applicable to Framingham in the following form:
AN ACT TO CLARIFY AND RESTATE THE APPLICABILITY OF THE CIVIL SERVICE LAWS TO EMPLOYEE POSITIONS IN THE CITY OF FRAMINGHAM
SECTION 1. Notwithstanding sections 48, 51 and 52 of chapter 31 of the general laws, or any other general or special law to the contrary, the Framingham Home Rule Charter, as approved by the voters on April 4, 2017, shall not change the applicability of the civil service laws, chapter thirty-one of the general laws, to all designated employee positions in the City of Framingham as said laws applied prior to said charter up through and including April 4, 2017.
SECTION 2. Notwithstanding sections 48, 51 and 52 of chapter 31 of the general laws, or any other general or special law to the contrary, the Framingham Home Rule Charter, as approved by the voters on April 4, 2017, shall not amend, supersede or nullify any agreement between the City of Framingham and any employee organization as defined in chapter one hundred fifty E of the general laws, including but not limited to the collective bargaining agreement between the City of Framingham and the Framingham Police Officers Union, regarding the existing or future applicability of the civil service laws, chapter thirty-one of the general laws, to employee positions in the City of Framingham.
SECTION 3. Notwithstanding sections 48, 51 and 52 of chapter 31 of the general laws, or any other general or special law to the contrary, the appointment, promotion, discipline, discharge, layoff, and any other aspect of employment for the following positions in the City of Framingham shall continue to be subject to the civil service laws, chapter thirty-one of the general laws: (1) sworn police officers up to and including the rank of lieutenant, excluding the chief of police, deputy chiefs of police, and employees of the police department whose positions have been civilianized under any agreement between the City of Framingham and any employee organization as defined in chapter one hundred fifty E of the general laws; and (2) uniformed firefighters up to and including the rank of deputy chief, excluding the fire chief, the assistant fire chief, and employees of the fire department whose positions have been civilianized under any agreement between the City of Framingham and any employee organization as defined in chapter one hundred fifty E of the general laws.
SECTION 4. This act shall take effect upon its passage.
g)
The mayor may request, and council shall have authority to adopt, measures which clarify, confirm or extend any of the transitional provisions in order that such transition as described herein may be made in the most expeditious manner possible.
The mayor and council shall investigate the feasibility and efficacy of taking the following actions upon taking office; the list below is in no particular order or priority:
a)
Creating a redevelopment authority;
b)
Consolidating municipal dispatch functions among police, fire and public works;
c)
Commissioning a performance audit of all municipal functions;
d)
Designating all members of multiple-member bodies as special municipal employees in accordance with General Laws chapter 268A, section 1(n);
e)
Merging school and municipal finance, personnel and technology functions;
f)
Transferring responsibility for maintenance of the three municipal cemeteries from the parks department to the board of cemetery trustees;
g)
Authorizing the council to be the special permit granting authority;
h)
Creating a Chief Technology Officer;
i)
Allowing in limited circumstances members of multiple-member bodies to electronically join meetings while at a remote location;
j)
Soliciting competitive proposals and bids for annual audit services;
k)
Creating one or more privately organized and funded Business Improvement Districts in accordance with General Laws chapter 40O; and,
l)
Funding a full-time ADA Coordinator.
The mayor shall conduct such examinations with attention to the offices, divisions, departments, and boards and commissions affected. The mayor may establish task forces or working groups to assist in such examinations, and request that entities affected (e.g., school committee, school department administration, board of cemetery trustees, et al) propose residents to serve on such groups. Staff of the various departments may be advisory to such groups, with a voice but no vote in deliberations. For section 8(g) above, the council shall consult with the planning board and zoning board of appeals and seek their recommendations prior to the adoption of any ordinance transferring any special permit granting authority to the council.
The mayor and council shall investigate the feasibility and efficacy of taking the following actions; the list below is in no particular order or priority:
a)
Reexamine the non-binding recommendations of the original charter commission and report on which have been accomplished and which might still make sense to explore currently;
b)
Examine election results to ensure that each region of the city has equitable representation and consider future changes to the City Council structure if needed;
c)
Analyze election participation and look for possible ways to increase turnout, the number of candidates, and how much information about candidates is easily available to the public. Specific focus should be paid to participation and representation in areas of the community with lower historical participation rates.
d)
Consider the feasibility as well as possible advantages and challenges of creating of a separate Traffic department;
e)
Write a simplified "Charter for Dummies" to explain different parts and rules for the government to the public;
f)
Investigate the possibility and potential advantage of creating a "participatory budgeting process" for a set of funds. Participatory Budgeting is defined as "a democratic process that empowers community members to decide how to spend part of a public budget";
g)
Push aggressively to ensure that as much fiscal information is online at the municipal website and in as easy a manner for the public to access as possible;
h)
Establish a standing transparency committee that is responsible to make recommendations to the mayor and the council to advance government transparency.