PREAMBLE 

ARTICLE ONE - POWERS OF THE TOWN

Section 1 Incorporation

Section 2 Form of government and title

Section 3 Scope and interpretation of town powers

Section 4 Intergovernmental cooperations

ARTICLE TWO - THE TOWN COUNCIL

Section 1 Composition and membership

Section 2 Eligibility

Section 3 Chairman, Vice Chairman and Clerk

Section 4 General powers and duties

Section 5 Procedures

Section 6 Town bylaws

Section 7 Action requiring a bylaw

Section 8 vacancy

ARTICLE THREE - ELECTED TOWN BOARDS AND OFFICERS

Section l General provisions

Section 2 Special Provisions

Section 3 Vacancies

ARTICLE FOUR - THE TOWN ADMINISTRATOR

Section l Appointment and qualifications

Section 2 Powers and duties

Section 3 Removal of the Town Administrator

Section 4 Acting Town Administrator

ARTICLE FIVE - TOWN ELECTIONS

Section l Biennial Town Election

Section 2 Initiative

Section 3 Referendum

Section 4 Recall of elective officers

ARTICLE SIX - FINANCIAL PROVISIONS AND PROCEDURES

Section 1 Applicability of general law

Section 2 Finance Committee

Section 3 Submission of budget and budget message

Section 4 Budget message

Section 5 Budget Proposal

Section 6 Action on the proposed budget

Section 7 Capital improvements program

Section 8 Emergency appropriations

ARTICLE SEVEN - GENERAL PROVISIONS

Section 1 Charter amendment

Section 2 Specific provisions to prevail

Section 3 Severability of Charter

Section 4 Town boards, commissions and committees

Section 5 Counting of days

Section 6 Phasing of terms

Section 7 Suspensions and removals

ARTICLE EIGHT - TRANSITIONAL PROVISIONS

Section l Effective Date

Section 2 Continuation of Existing Laws

Section 3 Existing Officials and Employees 

Section 4 Continuation of Government

TOWN OF FRANKLIN, MASSACHUSETTS
HOME RULE CHARTER

PREAMBLE

We, the people of the Town of Franklin, Massachusetts, in order toform a more perfect community, reaffirm the customary and traditional liberties of the people with respect to the conduct of our local government and take fullest advantage of the Home Rule Amendment to the Constitution of the Commonwealth, do ordain and adopt this Home Rule Charter for our Town.

ARTICLE ONE
POWERS OF THE TOWN

Section l Incorporation

1-1-1 The inhabitants of the Town of Franklin, within the Town's corporate limits as established by law, shall continue to be a body corporate and politic with perpetual succession under the name ''Town of Franklin.''

Section 2 Form of government and title

1-2-1 This Charter provides for a Town Council - Town Administrator form of town government, and it shall be known by the title ''Franklin Home Rule Charter.''

Section 3 Scope and interpretation of town powers

1-3-1 The town shall possess exercise and enjoy all local government powers, rights and privileges under the Constitution and laws of Massachusetts as completely and fully as though they were expressly enumerated herein.

1-3-2 The powers of the Town under this Charter shall be construed liberally in its favor, and no specific Charter grant of particular powers is intended to limit in any measure its general grant of power.

Section 4 Intergovernmental cooperations

1-4-1 In the exercise of it's powers and functions, the Town may enter into intergovernmental agreements with other units or agencies of government by any appropriate means.

ARTICLE TWO
THE TOWN COUNCIL

Section l Composition and membership

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 pokers 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 first Wednesday following the election and continuing until their successors are qualified.

Section 2 Eligibility

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.

Section 3 Chairman, Vice Chair-on and Clerk

2-3-1 At the first Council meeting following each regular town election, the Council shall choose from its membership a Chairman and Vice-chairman each to serve for a one-year term of office. The Chairman shall preside at meetings of the Council and perform such other duties as provided by this Charter, by-law, or Council vote. The Vice-chairman shall act as Chairman during the absence or disability of the Chairman.

2-3-2 The Council shall also appoint a Clerk of the Council, who shall give notice of all Council meetings to it's members and to the public, maintain a journal of all Council proceedings and perform such other duties as may be assigned by this Charter, bylaw or other vote of the Council.

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. Al1 appointments to fill vacancies
in Council offices shall be for the remainder of the original one-
year term of office.

Section 4 General powers and duties

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 for a journal of its proceedings to be kept and maintained as a public record in the office of the town clerk.

2-4-4 The Council shall have the power to appoint the following:

(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.

Section 5 Procedures

2-5-1 The Town Council shall meet regularly at least twice 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 that for any special meeting at least twenty-four (24) hours personal notice shall be given to each Council member. A1l Council meetings shall be conducted in accordance with the open meeting provisions of general law.

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.

Section 6 Town bylaws

2-6-1 Proposed bylaws shall deal with one (1) subject only andshall be introduced in writing and in the form necessary for finaladoption.

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 Councilmembership, except as otherwise provided by general law or thisCharter, shall be necessary for the final passage of any bylaw.

2-6-5 A1l votes on regular and emergency bylaws shall be taken byroll call and shall be recorded in the journal.

Section 7 Action requiring a bylaw

2-7-1 In addition to other acts required by statute or this Charterto be accomplished through bylaw, those acts of the Town Councilshall be through bylaw which: (a) adopt or amend administrativebylaws 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.

Section 8 Vacancy

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.

ARTICLE THREE
ELECTED TOWN BOARDS AND OFFICERS

Section l General provisions

3-1-1 Members of town boards to be elected by the qualified votersof the Town shall be, in addition to the Town Council: (a) seven members of a School Committee elected for terms of two years, (b)three members of a Board of Assessors, (c) three members of a Board of Health, and (d) five members and one associate of a Planning Board all to be elected from the Town at large for four-year overlapping terms of office so arranged that the terms of as nearly half of the members of such boards and committees shall expire at each biennial town election.

3-1-2 Officers of the Town to be elected at large for four-year terms of office shall be: (a) Town Clerk, (b) a Town Treasurer-Collector, and (c) three Constables.

3-1-3 Officers and members of elective boards established under this Article shall receive such compensation as may be authorized by the Town Council within limits of an appropriation made for that purpose.

3-1-4 Officers and members of boards established under this Article shall exercise such powers and duties as are, and may be, provided by general law, this Charter, bylaw and order of the Town Council.

Section 2 Special Provisions

3-2-1 The School Committee established under this Article shall have general charge of the public schools of the town. The school committee shall have the power to select and to terminate a superintendent of schools, establish educational goals and policies for the schools consistent with the requirements of the laws of the commonwealth and standards established by the commonwealth. The school committee shall have all the mowers and duties given to school committees by the laws of the commonwealth.

Section 3 Vacancies

3-3-1 Unless recalled in accordance with Article Five, Section 4 of this charter, vacancies in boards established under this Article shall be filled by the Town Council jointly with the remaining members of the respective board until the next regular Town election.

3-3-2 Unless recalled in accordance with Article Five, Section 4 of this charter, a vacancy in the office of Town Clerk, Town Treasurer-collector or Constable shall be filled in accordance with the provisions of general law.

ARTICLE FOUR
THE TOWN ADMINISTRATOR

Section l Appointment and qualifications

4-1-1 The Town Council, by a majority vote of its full membership,shall appoint a Town Administrator who shall administer andimplement the directives and policies adopted by the Town Council. The Council shall fix the Administrator's compensation within thelimits of an appropriation adopted for that purpose. The salary,benefits and terms and conditions of employment and the procedures for dismissal shall be negotiated between the Town Council and the Administrator.

4-1-2 In seeking candidates for the Administrator's post, the Town Council shall advertise in appropriate professional journals and other suitable publications as deemed necessary. The Town Administrator need not be a resident of the town at the time of appointment but shall establish residence within the town within one year following appointment, unless the town council shall waive such residency requirement. If a resident of the Town, the successful candidate shall have held no elective town office for a period of one year prior to appointment.

4-1-3 The Administrator shall be appointed on the basis of educational, executive and administrative qualifications and experience, including at least a bachelor's degree in an appropriate field of study from an accredited four-year college or university. Professional experience shall consist of at least three (3) years of full-time, compensated service in town or town administration or related administrative activity.

Section 2 Powers and duties

4-2-1 The Town Administrator shall be the chief administrative officer of the Town and shall be responsible to the Council for the effective administration of all town affairs placed in his charge by or under this Charter.

4-2-2 The Administrator shall hold no elective or other appointive town office, shall devote full-time to the duties of the office and shall engage in no other business or occupation without the advance written authorization of the Council.

4-2-3 The Administrator shall: (a) attend all meetings of the Council except when excused and have the right to speak but not to vote; (b) keep the Council fully informed regarding Town and departmental operations, fiscal affairs, general problems and administrative actions and submit appropriate periodic reports; (c) keep the Council fully informed as to the long-range needs of the Town, the practices and governmental trends of other communities and the laws and regulations of the Commonwealth and make such recommendations to the Council as deemed necessary and appropriate; (d) prepare, assemble and present to the Council the annual Town operating and capital budgets and cooperate with the Finance Committee in all financial matters; (e) serve as general ombudsman for the Town; (f) maintain an inventory of all town real and personal property; (g) be responsible for the daily administration of the personnel system, including the maintenance of personnel records and enforcement of personnel rules and regulations; (h) serve as central purchasing agent; (i) be responsible for the maintenance of all buildings and property owned or leased by the Town, except that under the jurisdiction of the School Committee; and (j) perform such other duties as may be required by this Charter, bylaw or order of the Council.

4-2-4 The Administrator may, with the approval of the Council, within the departments and agencies under his jurisdiction, establish, reorganize or consolidate any department, board, commission or office.

4-2-5 Subject to ratification by the Town Council, the Administrator shall have the power to appoint; on the basis of merit and fitness alone: (a) a Fire Chief, a Police Chief, a Director of Public Works, a Town Accountant, a Town Counsel, a Director of Civil Defense, a Library Director, all inspectors except as otherwise provided by general law and three (3) registrars of voters; (b) nine (9) members of a Council on Aging, seven (7) members of a Conservation Commission, seven (7) members of an Historic Commission and three (3) members of a Zoning Board of Appeals, all for three-year overlapping terms of office; (c) fifteen (15) members of an Industrial and Development Commission and five (5) members of an Industrial Development Financing Authority, all for five-year overlapping terms of office; (d) five (5) members of a Personnel Board for terms as fixed through bylaw; (e) four (4) members of a Housing Authority and four (4) members of a Redevelopment Authority, all for five-year overlapping terms of office with the fifth member of each board to be appointed under the authority of the Commonwealth; and (f) members of such other boards, commissions and committees and individual town officers and employees as are authorized by general law, this Charter or bylaw and for whom appointment is not otherwise provided.

Section 3 Removal of the Town Administrator

4-3-1 Final removal of any town administrator shall be effected by a majority vote of the full town council at an open council meeting.

Section 4 Acting Town Administrator

4-4-1 The Town Council may designate a qualified to serve as the Acting
Town Administrator and to perform the duties of the office during the
period of any vacancy caused by the Administrator's absence, illness,suspension, removal or resignation. The appointment shall be for a period not to exceed one hundred twenty (120) days, but such appointment may be extended an additional sixty (60) days by vote of the Council.

ARTICLE FIVE
TOWN ELECTIONS

Section l Biennial Town Election

5-1-1 The regular biennial election for all town offices and Town Council members shall be by official ballot held on the first Tuesday following the first Monday in November of each odd numbered year. Al1 elections of town officers and Town Council members shall be nonpartisan, and all election ballots shall be printed without any party mark or other political emblem.

5-1-2 The order of candidate names on the official ballot shall be such that incumbents are listed first, followed by other candidates in alphabetical order.

5-1-3 Any person elected to any office,board or the Council shall take up the duties thereof immediately upon taking the oath or affirmation of office.

5-1-4 Except as otherwise provided by this Charter, the provisions of general law with respect to nominations and elections to town offices shall apply.

5-1-5 The nomination of candidates for election and reelection as Town Council members shall be made by nomination papers filed with the Town Clerk not later than the last day on which nomination papers of candidates for other town offices must be filed. For the office of Town Councillor, such papers shall be signed by at least one hundred (100) qualified voters of the Town. Nomination papers shall not be valid for any candidate whose written acceptance is not attached thereto when filed.

Section 2 Initiative

5-2-1 The voters of the Town shall have the power to propose and act upon any legislative matter falling within the authority of the Town Council so to act, except emergency measures as provided in Sections 2-6-3 and 6-8-1 of this Charter.

5-2-2 Initiative legislation may be proposed by submission to the Town Clerk of a petition signed by the qualified voters of the Town equal in number to not fewer than five percent (5%) of those registered at the last regular town election. Each copy of the petition shall clearly state the question or questions to be voted on.

5-2-3 If, within seven days following receipt of the petition the Town Clerk shall determine it to contain a sufficient number of valid signatures, provision shall be made for a special initiative election to be conducted within thirty-five (35) days thereafter for the sole purpose of voting on the petitioned question or questions.

5-2-4 Each question to be voted on the special initiative election shall be in the same form and language as stated on the initiative petition.

5-2-5 No special initiative election shall be valid unless at least twenty-five percent (25%) of the qualified voters of the Town shall cast a ballot on each question submitted.

Section 3 Referendum

5-3-1 No bylaw, order or other measure adopted by the Town Council, except a vote: (a) to appropriate a sum of money less than fifty thousand dollars ($50,000.) or (b) to enact an emergency measure as detailed in Sections 2-6-3 and 6-8-1 of this Charter, shall become operative until the expiration of fourteen (14) days following the Council's final vote thereon.

5-3-2 If within such fourteen-day period a petition signed by the qualified voters of the Town equal in number to not fewer than five percent (5%) of those registered at the last regular town election is filed with the Town Clerk, asking that any question involved in such a vote be submitted to the voters, then a referendum shall be held for the sole purpose of presenting the question or questions to the voters of the Town.

5-3-3 If, within seven days following receipt of the petition the Town Clerk shall determine it to contain a sufficient number of valid signatures, provision shall be made for a referendum to be held within thirty-five (35) days thereafter.

5-3-4 Each question to be voted on in the referendum shall be submitted to the voters in the same form and language as when finally voted on by the Town Council.

5-3-5 All procedures for voting upon referendum questions shall be in the same manner as provided by general law for the conduct of town elections.

5-3-6 No referendum against any action of the Town Council shall be valid unless at least twenty-five percent (25%) of the qualified voters of the Town shall cast a ballot on each question submitted.

Section 4 Recall of elective officers

5-4-1 Any elective officer of the Town may be recalled and removed from office by the voters as herein provided. Any voter may file with the Town Clerk a petition containing the name and title of the elective officer whose removal is sought. For all elective officers such petition shall be signed by the qualified voters of the Town equal in number to at least five percent (5%) of those registered at the last regular Town election. Such recall petition must be filed within fourteen (14) days following its initial date of issuance.

5-4-2 If within seven (7) days following receipt of the petition the Town Clerk shall determine it to contain a sufficient number of valid signatures, provisions shall be made for a recall election to be held within sixty (60) days but not sooner than forty-five (45) days thereafter, provided that no such election shall take place if the regular Town election or another special election shall be held within ninety (90) days. A1l procedures for voting upon the recall question and filling any vacancy caused by the recall of an officer shall be in the same manner as provided by general law for the conduct of Town elections.

5-4-3 Any officer sought to be removed may be a candidate to succeed to the same office, and unless the officer requests otherwise in writing, the town clerk shall place the name of the officer on the ballot without nomination. The nomination of other candidates, the publication of the warrant for the removal election, and the conduct of the same, shall all be in accordance with the provisions of law relating to elections. Ballots used in a recall election shall ask if the officer sought to be recalled shall be recalled; and shall provide for the names of candidates seeking the office of the officer recalled.

5-4-4 If the votes cast upon the question of recall is in the affirmative, the candidate receiving the highest number of votes shall be declared elected provided that at least twenty-five percent (25%) of all those qualified to vote shall have voted.

ARTICLE SIX
FINANCIAL PROVISIONS AND PROCEDURES

Section l Applicability of general law

6-1-1 In all matters concerning finances and financial procedures of the Town, the provisions of general law shall apply, together with such other requirements as are provided by this Charter and bylaw.

Section 2 Finance Committee

6-2-1 A Finance Committee of eleven members shall be appointed by the Town Council for one-year terms of office. The Finance Committee shall elect from its membership for one-year terms of office, a Chairman, a Vice-chairman, and a Clerk. The Town Accountant and the Town Treasurer-collector shall have ex-officio membership, without voting rights, on the Committee. No elected or appointed Town officer, or compensated Town employee who serves in more than part time employments, shall serve on the Committee. Committee melters shall serve without compensation.

ARTICLE SEVEN
GENERAL PROVISIONS

Section 6 Phasing of terms

Section 7 Suspensions and removals

7-7-3 Suspension shall be ordered by the appointing authority only if deemed necessary to protect the best interests of the Town and for no longer than fifteen (15) days.

ARTICLE EIGHT
TRANSITIONAL PROVISIONS

Section 1 Effective Date

8-1-1 This charter shall become fully effective upon ratification by the voters, except as provided in this Article:

At such election the terms of office of Town Clerk, Town Treasurer-Collector, and the three Constables shall expire notwithstanding the terms for which they were elected. At such election the Town Clerk, and Town Treasurer-collector, and the three Constables shall be elected for a term of four years in accordance with provisions of this charter.

Section 2 Continuation of Existing Laws