Sunday, September 13, 2009

Town Council duties

With the potential for a number of new Town Council members, the Charter outlines in Article 2 the Town Council.

Of special interest is item 2-1-3. I guess those who have asked how much the Town Council is paid for their service are not aware of this section of the Charter.

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.

No comments:

Post a Comment