Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. There is hereby established in the town of Framingham, hereinafter referred to as the town, a department of finance which shall be responsible for the overall management and administration of the town's financial operations and services. The department of finance shall be under the direction of a chief financial officer, hereinafter referred to as the CFO, who shall be responsible to the town manager for the duties specified in this act.

SECTION 2. The town manager, with the approval of the board of selectmen, shall appoint the CFO for a term of three years. Compensation shall be established within the classification and pay plan of the town's personnel by-law for the salary of the CFO. Said CFO may be removed by the town manager, with the approval of said board of selectmen, after written notice to said CFO of the reasons for the proposed removal and a public hearing, at which the reasons for removal shall be set forth and said CFO shall be entitled to be heard.

SECTION 3. Said CFO shall be a person qualified in accordance with the by-laws of the town and especially suited by education, training and experience to perform the duties of the office. Said CFO shall devote full time to the duties of this position and shall not engage in any other business or occupation during his term except as permitted herein. Any person appointed or reappointed to such position shall meet such additional qualifications as may be established by by-law or in accordance with the town's personnel by-law.

SECTION 4. The department of finance shall assume and be responsible for the functions and statutory duties of the offices of town accountant, town treasurer/collector, chief procurement officer, and town assessors and their respective departments, each of which shall become a division within the department of finance.

SECTION 5. The responsibilities and duties of said CFO shall include the following:

(1) Except as otherwise expressly prohibited by general or special law or by-law of the town, said CFO shall supervise, direct and be responsible for the overall management and administration of the department of finance. In addition, the responsibilities of said CFO shall include, but not be limited to, the following:

(a) to coordinate and manage the town-wide annual operating and capital budget process for all town departments, officers, boards, committees and commissions, in cooperation with those entities;

(b) to compile and coordinate for all town departments, officers, boards, committees and commissions their operating and capital budgets, and present a budget recommendation to the finance committee, and for capital items, to the capital budget committee;

(c) to receive, evaluate and provide to the finance committee recommendations with respect to all requests for transfers from the town's reserve fund;

(d) to prepare and maintain long-term financial forecasts; including revenue expectations, future implications of operating budget program decisions and capital budget programs related to infrastructure maintenance, improvement and expansion;

(e) to manage the financing and refinancing processes of the town, including financing strategies to maximize future flexibility relative to long-term capital expenditure forecasts;

(f) to monitor actual line item income and expense information for all town departments and prepare financial and statistical reports relative to approved operating and capital budgets;

(g) to advise all town officers, departments, boards, committees and commissions on financial and financing implications of operational proposals; and

(h) to report to the annual town meeting, in writing, upon the financial condition of the town and the administration of the town's financial affairs.

(2) Said CFO, with the approval of the town manager, shall appoint the town accountant, town treasurer/collector, chief procurement officer, and the town assessors. The persons to be appointed to these positions shall meet the qualifications established by general or special law, town by-law or regulations established thereunder. Persons holding these positions may be removed from office by said CFO, with the approval of said town manager, after written notice to such persons of the reasons for the proposed removal and a public hearing at which the reasons for removal shall be set forth and at which such persons shall be entitled to be heard.

(3) Said CFO, with the approval of said town manager, shall be authorized to organize or reorganize the department of finance and to assign, within the department, the personnel reporting to the town accountant, town treasurer/collector, assessors and the chief procurement officer. Said CFO, with the approval of the town manager, shall have the authority to implement the reorganization of the department on an interim basis pending such approvals as may be required by the personnel by-law.

(4) Said CFO shall have access to all town books, papers and records of any sort for information necessary for the proper performance of the duties defined herein. All town officers, boards, committees and commissions shall respond promptly, thoroughly and accurately to requests for information made by said CFO. Any contract or agreement entered into by town officers, boards, committees or commissions that impacts the current or future financial condition of the town, other than those covered by the town's purchasing by-law, shall be submitted to said CFO within seven days of signing.

(5) All town departments, officers, boards, committees and commissions shall keep said CFO fully informed as to the progress of all labor negotiations. Said CFO shall prepare and submit to the finance committee and town meeting, as part of the process to consider appropriation of moneys to fund any negotiated labor agreement which effects the town, its departments, officers, boards, committees or commissions, an analysis of the financial impact on the town of any such labor agreement throughout the entirety of its proposed term together with a recommendation for action by the finance committee or town meeting.

(6) Said CFO shall have such additional duties and responsibilities as may from time to time be delegated by the town manager or as authorized by general or special law or town by-law and may be relieved of any duties and responsibilities if so provided by an amendment to this act.

SECTION 6. The various town officers, departments, boards, committees and commissions charged with the expenditure of town funds shall, not later than November fifteenth of each year, or at such other time as directed by said CFO, prepare and submit to said CFO detailed estimates of the amounts deemed by them to be necessary for the administration of their respective duties for the ensuing fiscal year and for capital items to be considered for the ensuing fiscal year and future years, with explanatory statements of the reasons for the amounts requested. The specific format and categories of this information shall be as directed by said CFO, with the approval of the finance committee, unless otherwise voted by town meeting before commencement of the budget process in any year.

SECTION 7. Said CFO shall present to the finance committee, not less than sixty days prior to the annual town meeting and within an appropriate time period prior to any special town meeting called to consider budgetary matters or articles requiring the appropriation of funds or otherwise having a financial impact upon the town, recommendations on the detailed estimates of all revenues, the operating and capital expenditures for the administration of all town departments, boards, committees and commissions with respect to the annual town meeting, and changes thereto with respect to any such special town meeting. Said CFO shall present to the capital budget committee, not less than ninety days prior to the annual town meeting and within an appropriate time period prior to any special town meeting called to consider capital budget matters, recommendations for annual capital projects covering a period of six years for all town departments, boards, committees and commissions with respect to the annual town meeting, and changes thereto with respect to any such special town meeting. Said CFO shall present to the finance committee, capital budget committee and the town meeting recommendations as to the sources from which such appropriations shall be funded.

SECTION 8. Said CFO may also be appointed by the town manager, with the approval of the board of selectmen, to serve concurrently in any one of the following positions: chief assessor; town treasurer/collector; town accountant; or chief procurement officer; provided, however, that he satisfies all of the job requirements established for any such position.

SECTION 9. Each request made by any town officer, department, board, committee or commission for transfer of funds from the town's reserve fund shall, prior to submission to the finance committee, be submitted to said CFO who shall prepare an evaluation and recommendation to the finance committee regarding each such request.

SECTION 10. Said CFO shall have the authority to make appropriate motions to the town meeting regarding any article that relates to operating or capital appropriations for the town.

SECTION 11. Nothing in this act shall serve to prevent any officer, department, board, committee or commission of the town from appearing before the finance committee, the capital budget committee, town meeting or any of its committees to present or discuss budgetary or appropriation requests.

SECTION 12. The town manager, with the approval of the board of selectmen, shall make the initial appointment to the position of CFO within one hundred and eighty days after the effective date of this act. At the sole discretion of the town manager, but only for the purpose of coordinating the expiration date of such initial appointment with those of other similar positions of the town, the initial term of appointment of said CFO may be for less than three but not less than two years.

Any person holding any office or position in a town agency affected by the provisions of this act shall continue in such office or position, subject to further assignment, order of said CFO or expiration of the current term of office. All such officers and employees serving in such town agencies shall be continued in the service of the town, subject to the foregoing, without loss of pay or benefit to which they might otherwise have been entitled.

SECTION 13. The town, by by-law, may establish additional requirements and standards for the department of finance and may modify and amend the organization and structure of said department; provided, however, that all such modifications and amendments are consistent with the provisions and purposes of this act or the provisions of any act relative thereto.

SECTION 14. Chapter two hundred and eighty-four of the acts of nineteen hundred and eighty-two is hereby repealed.

SECTION 15. This act shall take effect upon its passage.