for the Implementation of The Community Preservation Act
Appointment Process Defined in Proposed Ordinance Violates City Charter
Framingham,
MA â Today, Mayor Spicer announced that she has
[https://www.framinghamma.gov/DocumentCenter/View/41251/Veto-statement-memo-for-Order-2021-011-CPA-2021-02-19]
vetoed
[https://www.framinghamma.gov/DocumentCenter/View/41251/Veto-statement-memo-for-Order-2021-011-CPA-2021-02-19]
the City
Councilâs proposed Ordinance - 2021-011 - for the implementation of the
Community Preservation Act (CPA) due to the appointments process defined in the
Ordinance being at odds with what is dictated by the Cityâs
Charter.
âI want to be crystal clear that I fully support the Cityâs adoption of the CPA
and its goals. I also agree with much of the Councilâs vision for the CPAâs
Committee set forth in the proposed Ordinance, and I am excited for them to be
appointed and get to work,â said Mayor Spicer. âHowever, I take issue with the
appointments process outlined in the Ordinance.â
The Charter provides that the Mayor is the appointing authority for all
multiple-member bodies and that those
appointments are subject to the approval of the Council - Article III, Section
3(a) (Mayor appoints members of multiple-member bodies) & Article II,
Section (10(c) (Council approves or rejects Mayorâs appointments to multiple
member bodies).
There is no dispute that the CPA Committee is a multiple-member body that
should be subject to this shared responsibility between the executive and
legislative branches. The proposed Ordinance as passed provides for four
at-large residents of Framingham to be appointed to the Committee but makes the
Council, rather than the Mayor, the appointing authority for those positions.
This action leaves the Mayor out of the process,
designating or appointing any of the Committee's positions. (There are five
members of City boardsâthe Conservation Commission, the Planning Board, the
Park Commission, and the Housing Authority-required by state law to be on the
Committee, but the designees for these positions are chosen by the respective
board and not the Mayor.)
âAs City officials, we all are duty-bound and obligated to honor and respect
the terms of the Charter, Framinghamâs constitution, which was approved by the
voters in April 2017 and provides comprehensive requirements for the operation
of Framinghamâs government,â continued Mayor Spicer. âFurther Article IX,
Section 14 of the Charter specifically makes it my responsibility to see that
the provisions of the Charter are faithfully followed.â
https://www.framinghamma.gov/list.aspx?MID=1614
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