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3100 - TOWN COUNCIL#
3110 - Organization of the Town Council.#
A.
The Town Council shall consist of five (5) council members elected from the Town at large.
B.
The Town Clerk shall be the presiding officer of the Council until a president of the Council is elected.
C.
The Town Council shall elect from within its own membership a president and vice president at its first meeting after all five (5) council members have been certified by the Board of Canvassers.
D.
The Council President shall preside at meetings of the Council and shall be recognized as head of Town government.
E.
The Council Vice President shall assume the duties of the Council President in the absence, disability, removal or resignation of the Council President.
F.
Each council member has one (1) vote. The presiding officer, with the exception of the Town Clerk, shall not be deprived of his or her vote on any question.
3112 - Non-Interference.#
The Town Council or any of its members shall not direct or request the appointment of any person to office or their removal from office by the Town Manager or Town Clerk or by any of his/her subordinates. Except for the purpose of inquiry, the Town Council and its members shall deal with the administrative service solely through the Town Manager or Town Clerk, and neither the Town Council nor any member thereof shall give orders to any subordinates of the Town Manager or Town Clerk either publicly or privately.
3120 - Qualifications.#
Members of the Town Council shall be qualified electors of the Town.
3130 - Prohibitions.#
No council member shall be appointed to any paid town office, position or employment during the current term of his or her office and for a period of one (1) year after the expiration of the term for which he or she was elected or appointed to the Town Council.
3140 - Meetings.#
A.
The first meeting of each elected Town Council shall be held on the second Monday following the certification of all five (5) duly elected members. Thereafter the Town Council will meet not less than twice each month.
B.
A special meeting of the Town Council may be called by the Town Clerk at the request of the Council President or a majority of the members of the Town Council. The purpose of a special meeting shall be stated in the notice of the meeting and no business shall be transacted at any special meeting other than that which has been stated.
3141 - Quorum and Voting.#
A Town Council quorum shall be a majority of its members. A majority of the members present at any legal meeting may determine any matter legally before the Town Council provided that final passage of ordinances or amendments to ordinances shall require the affirmative vote of the majority of its members.
3150 - Compensation.#
Each member of the Town Council shall receive such individual compensation for the performance of his or her duties or for the expenses of his or her office as may be fixed from time to time by the Town Budget Referendum.
3160 - Vacancies.#
A.
Any vacancy in the membership of the Town Council which occurs one (1) year or less prior to the time for holding of a regular Town election shall be filled by the Town Council for the un-expired term within fifteen (15) days from the date on which the vacancy occurred.
B.
If a vacancy in the Town Council shall occur more than one (1) year prior to the time for holding a regular Town Election, the Town Council shall within thirty (30) days after the vacancy occurs call a special election for the purpose of filling such vacancy.
3170 - Powers and Duties.#
All legislative powers of the Town shall be vested in the Town Council except those delegated within this Charter. The Town Council may enact, repeal or amend ordinances relating to the Town's property, affairs and government subject to the provisions of the State Constitution and laws enacted by the General Assembly in conformity with the powers reserved to the General Assembly. The Town Council may exercise all additional powers and authority that are consistent with this Charter, and which have been granted to it by this Charter, the Constitution or laws of the State or by the Financial Town meeting. Without limiting the generality of the foregoing, the Town Council has and exercises the following specific powers: A.
To enact, amend or repeal ordinances for the preservation of the public peace, the health, safety, comfort and welfare of the residents of the Town and for the protection of persons and property.
B.
To provide reasonable penalties for the violation of any ordinance in accordance with State Law.
C.
To amend, after notice as prescribed by statute and public hearing, the Zoning Ordinance.
D.
To adopt rules governing the conduct of its meetings and to appoint regular, standing or special committees.
E.
To appoint or terminate the Town Manager.
F.
In the event that the Town Manager is at any time absent or unable to perform the duties of his or her office for a period in excess of thirty-five (35) consecutive days or in the event that the Town Manager resigns or is removed from office, or if for any other reason a vacancy exists, to designate an officer of the Town, other than a Town Council member, or at the discretion of the Town Council, a qualified person to serve as Town Manager with all the powers and duties of the Town Manager until his or her absence or disability terminates or until a successor to the Town Manager has assumed the duties of the office.
G.
To appoint members of boards and commissions and the like as may be required under the terms of this Charter, ordinances of the Town or the laws of the State.
H.
To provide by ordinance a personnel classification system consistent with State Laws and the provisions of this Charter and which shall further include, but not be limited to a description of the duties and responsibilities of, and requirements for appointment to, every authorized position in Town service, including most particularly education and experience.
I.
To determine the salary of the Town Manager and non-union employees.
J.
To provide rules and regulations with respect to vacations of the Town Manager and non-union employees, department heads and employees.
K.
Approve all labor agreements and contracts including compensation and paid time off of all officers and employees of the Town.
L.
To fix the amount of the official bonds of all officers of the Town as required by law and this Charter, the premiums of such bonds to be paid by the Town.
M.
To appoint a Town Solicitor who shall serve at the pleasure of the Town Council.
1.
The Town Solicitor shall be an attorney-at-law, who has been admitted to the practice of law in this State for at least four (4) years prior to the appointment.
2.
The Town Solicitor shall be the legal advisor of and the attorney and counsel for the Town of Hopkinton, The Town Council and all Boards, Commissions, Departments and Officers, thereof.
N.
To take any action necessary to give effect to any vote of the Town Budget Referendum authorizing the issuance of bonds for any purpose and to complete all the details of the bond transaction in accordance with the laws of the State.
O.
To provide for the audit at any time of the accounts of the Town or any of its departments and to provide for an annual audit as herein prescribed [section] 1420.
P.
The Town Council shall administer the Town through the Town Manager.
Q.
Acceptance of Gifts: The Town Council is authorized to accept gifts of any property, real or personal, on behalf of the Town if the Town Council deems it for the best interests of the Town. All monies given for a particular purpose and accepted on behalf of the Town by the Town Council may, by resolution, be deposited to the General Fund or a special fund and be appropriated for such purposes by the Town Council without being included in the annual budget.
R.
To grant, revoke or suspend such licenses or permits as the Town Council may require by ordinance or resolution or as may be required or permitted by the Laws of the State and this Charter or any amendment thereof.
S.
The Town Council shall act as the Board of License Commissioners.
T.
To authorize the retention of and appointment of Special Counsel for any Board, Commission, Department or Office.
U.
To appoint a Probate Court Judge to serve for a term of office concurrent with that of the Town Council, or until a qualified successor is appointed. The qualifications for the Probate Court Judge shall be the same as those set forth in this Charter for the Town Solicitor. The Town Solicitor may temporarily perform the duties of the Probate Court Judge in his or her absence.
V.
The Town Council President, in his or her discretion, may appoint a Council member as a liaison to any of the Town's boards or commissions. Unless otherwise specified in the Town Charter or in a Town Ordinance, the liaison shall not act as a member of the board or commission and the responsibility of the liaison shall be limited to communicating with the chairperson of the board or commission to identify any issues, concerns, or requests that the chairperson may have and to assist in communicating any such issues, concerns, or request to the Town Council, Town Manager, and/or Town Solicitor as appropriate. A Council member appointed as a liaison shall not direct the activities or decisions of the board or commission. A Council member appointed as a liaison shall continue to serve in that capacity until the next Town Council election or until removed from the position by the Town Council President. Any Council member appointed to act as a liaison to a board or commission may be removed from that position by the Council President upon request of the chairperson of the board or commission or if the Council President determines, in his or her discretion, that the liaison has acted in a manner inconsistent with this section.
3200 - ORDINANCES#
3210 - Proposal of Ordinances.#
Every proposed ordinance and all amendments to ordinances shall be filed with the Town Clerk by a member of the Town Council not later than four (4) business days prior to the date of the meeting at which it is to be introduced. The Clerk shall immediately post one (1) copy of the ordinance in some conspicuous place accessible to the public in the Town Hall and shall provide each member of the Town Council with a copy.
3211 - Public Hearings.#
Every ordinance, other than an emergency ordinance, shall be summarized and explained by its sponsor at the meeting at which it is introduced and then referred to a subsequent regular or special meeting for hearing. Copies shall be made available to the public at the Town Clerk's Office and on the Town's website. A public hearing shall be held by the Town Council at that regular or special meeting or any adjournment thereof, and no action shall be taken on the ordinance until the next regular or special Town Council meeting held after the conclusion of the hearing.
3212 - Advertising Hearings.#
Every hearing on an ordinance or amendment to an ordinance, other than an emergency ordinance, shall be advertised by publication by the Town Clerk of a notice in a newspaper of general circulation within the Town once at least five (5) days before the date of hearing. The notice should be posted on the Town's website. The notice shall set forth the date, time and place of hearing and either the text of the proposed ordinance or amendment or a digest thereof certified by the Town Solicitor to the Town Clerk as containing an adequate disclosure of the substance of the ordinance or amendment.
3220 - Emergency Ordinances.#
In an emergency affecting the public peace, health, safety, comfort or welfare of the residents of the Town and for the protection of persons and property, the Town Council, without hearing, by an affirmative vote of three (3) members may adopt, on the day of its introduction, an ordinance containing a declaration of emergency which shall take effect upon its passage. No zoning ordinance or ordinance granting a franchise or creating a personnel classification system or amendment of any of the same shall be passed as an emergency ordinance. The nature of the emergency shall be specifically stated in the ordinance, and such declaration shall be conclusive as to the existence of such an emergency. Every emergency ordinance shall automatically stand repealed as of the sixty-first (61st) day following the date on which it was adopted; but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists.
3230 - Ordinance Enacting Clause.#
The enacting clause of all ordinances shall be: "The Town Council of the Town of Hopkinton hereby ordains."
3300 - CODIFICATION OF ORDINANCES#
The Town Council within seven (7) years following the effective date of this Charter and every tenth year thereafter, shall arrange for a revision or codification of the ordinances of the Town which it deems appropriate to continue in effect. The Town Solicitor shall supervise the publication of the aforementioned revision or codification of ordinances and may, with the Town Council's authorization, contract for the services of persons or organizations experienced in the revision and codification of ordinances and statutes. Copies of said revision or codification of ordinances shall be made available to the public at a nominal cost to be set by the Town Council.
3400 - INITIATIVE AND REFERENDUM#
3410 - General Authority.#
A.
Initiative. The qualified electors of the Town have the power to propose ordinances to the Town Council and, if the Town Council fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a Town election. These initiatives may not pertain to the budget or capital program or any ordinance relating to the appropriation of money, levy of taxes or salaries of Town officers or employees.
B.
Referendum. The qualified electors of the Town have the power to require reconsideration by the Town Council of any adopted ordinance and, if the Town Council fails to repeal an ordinance so reconsidered, to approve or reject it at a Town election. Such power shall not extend to the budget or capital program or any emergency ordinance or ordinance relating to appropriation of money or levy of taxes.
3411 - Commencement of Proceedings.#
Any five (5) qualified electors of the Town may commence initiative or referendum proceedings by filing with the Town Clerk an affidavit stating they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. Promptly after the affidavit of the petitioners' committee is filed, the Town Clerk shall issue the appropriate petition blanks to the petitioners' committee.
3412 - Petitions.#
A.
Number of Signatures. Initiative petitions for purposes of proposing ordinances to the Town Council must be signed by electors equal in number to five percent (5%) of the total number of electors. If a proposed ordinance so initiated is not adopted by the Town Council without change of substance, it shall then be submitted to the registered electors of the Town at a Town election as hereinafter provided, but only if petitions proposing the ordinance have been signed (either before or after presentation to the Town Council) by electors equal in number to ten percent (10%) of the total number of electors. Referendum petitions must be signed by electors equal in number to five percent (5%) of the total number of electors. If an ordinance so required to be re-considered by the Town Council is not repealed by the Town Council, the proposal to repeal the same shall then be submitted to the registered electors of the Town at a Town election as provided, but only if petitions proposing the reconsideration have been signed (either before or after reconsideration by the Town Council) by electors equal in number to ten percent (10%) of the total number of electors.
B.
Rules. To be counted as a signer of a petition, the signer must be a qualified registered voter of the Town at the time the petition is presented to the Town Clerk. The term "the total number of electors" as used herein means the total number of qualified registered electors of the Town at the most recent regular Town election. The Board of Canvassers has the authority to issue further rules not inconsistent with these provisions regulating the form and content of petitions, the form of evidence to be required with respect to the circulation and signature of petitions and other procedural matters which reasonably should be regulated with respect to initiative and referendum petitions. The Town Clerk shall make all determinations as to the sufficiency of petitions, the validity of signatures and the like, subject to the right of the petitioners' committee to appeal the same to the Board of Canvassers whose determination shall be final and binding on all parties.
C.
Procedure as to Valid Petitions. When an initiative or referendum petition has been finally determined sufficient, the Town Council shall promptly consider the proposed initiative ordinance or reconsider the referred ordinance, in both cases in the same manner as provided for adoption of an ordinance proposed by a member of the Town Council, including public hearing. If the Town Council fails to adopt a proposed initiative ordinance without any change in substance within sixty (60) days or fails to repeal the referred ordinance within sixty (60) days after the date of public hearing and if by the expiration of that period valid petitions signed by the requisite number of electors are on file with the Town Clerk, it shall submit the proposal or referred ordinance to the electors of the Town.
3413 - Submission to Electors.#
The vote of the Town on a proposed or referred ordinance shall be held not less than thirty (30) days and not more than one (1) year from the date of a final Town Council vote thereon. If no regular Town election is to be held within the period prescribed in this subsection, the Town Council shall provide for a special election; otherwise, the vote shall be held at the same time as such regular election, except that the Town Council may at its discretion provide for a special election at an earlier date within the prescribed period. Copies of the proposed or referred ordinance shall be made available at the polls and the Town Hall.
3414 - Withdrawal of Petitions.#
A.
An initiative or referendum petition may be withdrawn at any time prior to the fifteenth (15th) day preceding the day scheduled for a vote of the Town by filing with the Town Clerk a request for withdrawal signed by at least four (4) members of the petitioners' committee. Upon the filing of such request the petition has no further force or effect and all proceedings thereon shall be terminated.
B.
If an initiative or referendum petition bearing the signatures of at least five percent (5%) of the total number of electors has not been submitted to the Town Clerk within 120 days after the receipt of petition blanks by the petitioners' committee, then the initiative or referendum petition shall be considered withdrawn and has no further force or effect and all proceedings thereon shall be terminated.
3415 - Results of Election.#
A.
Initiative. If a majority of the qualified electors voting on a proposed initiative ordinance votes in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the Town Council, provided, however, any initiative ordinance enacted under this Charter may not be repealed by the Town Council less than one (1) year following its adoption. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail.