[HISTORY: Adopted by the Town Clerk of the Town of Orleans.
Amendments noted where applicable.]
[1]
Editor's Note: The preamble of these bylaws provides as follows:
"Pursuant to the provisions of the Town of Orleans Charter duly adopted
by voters of the Town of Orleans, the Town Clerk, with the advice
of the Moderator, hereby adopts the following Town Meeting By-Laws:"
The Moderator shall enforce procedural rules in accordance with
the General Laws, the Charter and these Bylaws.
If none of the rules set forth herein or in the Charter governs
a situation at the Town Meeting, then rules which would be in effect
with respect to the Orleans Town Meeting if the Charter had not been
adopted shall apply.
No person other than a legal voter shall be allowed on the floor
of the house except by the consent of the Moderator. At the Town Meeting,
a nonvoter may speak after a favorable majority vote of Town Meeting.
For all Town Meetings, both annual and special, there shall
be required a quorum of at least two-hundred (200) of the registered
voters of the town.
Any five or more voters may challenge the existence of a quorum.
If the Moderator determines the number in attendance to be less than
the established quorum, he shall adjourn the meeting to a stated date,
time and place.
The Moderator, when acting as such, shall not participate in
any discussions.
[Amended 5-13-2002 ATM, Art. 16; 5-13-2019 ATM by Art. 51]
Except as otherwise specified by law, the Moderator shall have
full authority to specify a voice vote, a standing vote counted by
him or by tellers appointed by him, a written ballot or by electronic
voting. The Moderator may conduct all votes requiring a 2/3 majority
by statute in the same manner in which the Moderator conducts the
vote when a majority vote is required.
All motions shall be submitted in writing.
A motion moved, seconded and stated may be withdrawn by the
mover and the seconder.
When a question is under debate, motions shall have precedence
in the order of their arrangement shown on the attached chart.[1]
[1]
Editor's Note: The chart referred to is located at the end
of these bylaws.
The order of consideration of the articles as printed in the
warrant may be changed only by a two-thirds vote of the Town Meeting.
No person shall speak twice on the same question until all those wishing to speak thereon have done so, nor shall any person speak for more than five (5) minutes at one (1) time, except by permission of the Town Meeting; provided, however, that the restrictions shall apply neither to those persons required to be in attendance under provisions of Section 2, 2-7-3 of the Charter (town officers, members of boards and commissions, department heads or their duly designated representatives, when proposals affecting their various office, board or department are being considered), nor to those persons making the original motion under any article.
Any vote may be reconsidered if a voter on the prevailing side
moves to do so and if the Moderator moves that there is additional
information to bring before the meeting. Only one (1) reconsideration
shall be allowed per article.
When a voice vote, as decided by the Moderator, is questioned
by more than one (1) voter, it shall be made certain by a rising vote
counted by the Moderator or the tellers appointed by him or by a written
ballot. When a standing vote is challenged by more than five (5) voters,
the Moderator may rule that a written ballot be taken.
[Amended 5-9-1994 ATM, Art. 22]
Requires a second. Not debatable. Four-fifths vote. Terminates
debate.
A motion to move the question shall not be allowed if the moving
party makes a presentation immediately prior to making the motion
to call the question.
The first amendment to a motion may be amended (secondary amendment).
This secondary amendment may not itself be amended.
[Amended 5-19-1999, Town Election]
The requirements of Clause 8-7-1 of the Charter may be waived
by a three-fourths (3/4) majority of the Town Meeting. Clause 8-7-1
of the Charter reads as follows:
The town meeting shall act on the capital improvement plan and
budget, provided that no article for capital improvements shall be
inserted in the warrant for any town meeting unless it is in compliance
with clause 8-5-1.
Clause 8-5-1 of the Charter reads:
The town executive shall prepare a five-year capital improvements
plan, which shall be designed to deal with unmet long-range needs,
and to implement the goals and objectives of the official town plan.
No motion, the effect of which would be to dissolve the Town
Meeting, shall be in order until every article in the warrant has
been duly considered and acted upon. This requirement shall not preclude
the postponement of consideration of any article to an adjournment
of the meeting to a stated time and place.
