Town of Middleton, MA
Essex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Annual Town Meeting of the Town of Middleton 3-15-1949 by Art. 23. Amendments noted where applicable.]

§ 56-1 Election of officers.

[Amended 3-20-1973 ATM by Art. 30]
That part of the Annual Town Meeting for the purpose of choosing Town officers shall be held on the third Monday of May. The hours of voting shall be prescribed by the Selectmen, but the polls shall open not later than 7:00 a.m. and close not earlier than 6:00 p.m.

§ 56-2 Appropriations and other business.

That part of the Annual Town Meeting for the purpose of taking action on appropriations and all other business of the Town (except elections) such as may legally come before such meeting shall be held on the Tuesday next preceding the Annual Town Meeting for the election of officers at 7:30 p.m.

§ 56-3 Hours for Special Town Meetings.

No Special Town Meeting shall be called to assemble earlier than 7:30 p.m. nor later than 9:00 p.m.

§ 56-4 Service of warrants.

All warrants for Town Meetings shall be served by posting up attested copies thereof in at least three public places in the Town and at such places as the Selectmen may designate, at least seven days before the time of holding such meeting.

§ 56-5 Adjourned meetings.

When any Town Meeting shall be adjourned, except from day to day, by reason of the regular business meeting being unfinished, the Town Clerk shall cause notice of the time and place of holding such adjourned meeting to be duly posted up in the same places as prescribed in § 56-4, which notice shall also state briefly the business to come before the adjourned meeting and shall include notice of all pending motions.

§ 56-6 Government of Town Meetings. [1]

A. 
The presence of 100 registered voters at a Town Meeting shall constitute a quorum, except for a motion to adjourn which shall require no quorum; provided, however, that no vote shall be held to be invalid by reason of the lack of a required quorum, unless it appears from the records of the Town Clerk that, before the result of the vote was declared, the question of the presence or lack of a quorum was duly raised, and that such record shows that the required quorum was lacking. This subsection shall not apply to those parts of meetings devoted exclusively to election of officers.
[Amended 5-14-2002 STM by Art. 1]
B. 
Whenever any matter has been referred to a committee and the report of the committee thereon has been presented, and has been read before the meeting, the report shall be regarded as accepted and the committee discharged. The recommendations of such report, if any, shall be treated as motions under the article or articles to which they relate.
C. 
No action shall be taken at any meeting appropriating or involving the expenditure of money, the creation of a debt, or the disposal of property of the Town, until the proposition has been referred to the Finance Committee and report made thereon. The recommendation or recommendations of the Finance Committee shall be treated as motions under the article or articles to which they relate.
D. 
Town Meetings shall be governed according to the rules of parliamentary practice as prescribed in Town Meeting Time, A Handbook of Parliamentary Law, published by the Massachusetts Moderator's Association, and in Robert's Rules of Order insofar as they are applicable and consistent with the laws of the commonwealth and these bylaws.
[Added 5-13-2014 ATM by Art. 43]
E. 
The vote on any question before the Town at an Annual or Special Town Meeting may be taken by secret (Australian) ballot upon the affirmative vote of at least 25% of the voters present and voting.
[Amended 5-8-2007 ATM by Art. 32]
F. 
On matters requiring a majority or two-thirds vote, the vote need not be counted or recorded. However, if the vote declared by the Moderator is immediately doubted by seven or more voters, or if a four-fifths or nine-tenths vote is required by statute and the vote is not unanimous, a counted vote shall be ordered. For a counted vote, the Moderator shall request all persons in the house to be seated and may appoint tellers.
[Added 5-9-2006 ATM by Art. 6]
[1]
Editor's Note: Original Sections (2) and (3) of Part II, Government of Town Meetings, of this bylaw, regarding actions on articles in the warrant, were deleted 11-29-2005 STM by Art. 14. See now § 2-4-6 of the Charter.

§ 56-7 Holding of meetings outside of Town.

[Added 12-5-2006 STM by Art. 3]
Any Special or Annual Town Meeting may be held in a municipality bordering Middleton, upon a vote of the Board of Selectmen; provided, however, that any meeting for the election by ballot of federal, state or other officers or the determination of other matters that are to be determined by ballot at an election shall be held within the geographic limits of the Town.

§ 56-8 Deputy Moderator.

[Added 5-11-2010 ATM by Art. 9]
The Moderator may, at the first session of the Annual Town Meeting, or the first Special Town Meeting following the election of the Moderator, nominate a voter as Deputy Moderator, subject to election by the Town Meeting, to serve throughout the Moderator's term of office as temporary Moderator with all the powers and duties of the Moderator, in the event of the Moderator's absence, recusal, or disability, or a mid-term vacancy in the office of Town Moderator, until such vacancy is filled according to law.