Every representative Town meeting shall meet
at the time and place fixed in the warrant and shall be called to
order by the Moderator. In the absence of the Moderator, the meeting
shall be called to order by the Town Clerk, who shall preside until
a temporary moderator is chosen.
Immediately after the calling of the meeting
to order by the Moderator, the warrant for the Town meeting and the
return of the person who served the same shall first be read by the
Town Clerk, unless the meeting votes that the reading of the articles
in the warrant be dispensed with.
At all representative Town meetings held in
Cary Memorial Hall a space on the floor of the Main Hall shall be
reserved for Town meeting members and no person who is not a member
shall be admitted within the reserved area unless otherwise ordered
by the Moderator or by vote of the meeting. Checklists of members
shall be kept at convenient places adjacent to the entrances to said
reserved space during all meetings and for a reasonable time prior
to the opening of the meetings, and members shall be admitted to said
reserved area upon giving their names to checkers in charge of said
lists.
[Amended 4-8-1974 ATM by Art. 72; 4-8-1998 ATM by Art. 49; 3-20-2013 ATM by Art. 32]
A. Voting in Town Meeting shall be by:
(1) Voices of the members; or
(2) A counted vote by:
(a)
An electronic tally and display system used:
[1]
By itself to reflect the vote; or
[2]
In conjunction with a voice vote, as authorized herein ("the
electronic system"); or
B. Vote taken by voices of the members:
(1) Whenever only a majority vote is required, the Moderator shall first
announce the vote as it appears to him/her by the sound. If the Moderator
is unable to decide by the sound of the voices, or if the announcement
is thereupon doubted by 20 or more members rising in their places
for that purpose, the Moderator shall, without debate, order a counted
vote.
(2) Whenever a two-thirds vote is required by statute, anything in the
Bylaws, or other authority, such vote may be declared as such by the
Moderator as it appears to him/her by the sound and be recorded as
such by the Town Clerk upon such declaration, provided, however, that
if the announcement is thereupon doubted by seven or more members
rising in their places for that purpose, a counted vote shall be taken.
C. Electronic system:
(1) After a public hearing, the Moderator, in consultation with the Select
Board, and the Town Clerk, is authorized to define operating rules
governing the use of the electronic system. Beyond addressing the
general procedures for operating the electronic system, these rules
shall include, but not be limited to, procedures for:
[Amended 3-27-2019 ATM by Art. 34]
(b)
Enhancing the security and integrity of the voting process;
(c)
Testing of the electronic system every time it is started, and
(d)
A physical record of the results of each electronic vote being
provided to the Town Clerk immediately following each electronic vote.
(2) Use of the electronic system and its corresponding operating rules
must be authorized by a two-thirds majority vote of Town Meeting.
(a)
Such authorization may occur at a session of any Town Meeting,
but must occur before the electronic system is used.
(b)
Such authorization shall remain in effect unless challenged
by 40 or more members rising in their places for that purpose or substantive
change(s) of the rules are defined by the Moderator following the
process of C(1). In either event, authorization for use of the electronic
system must again be put to a two-thirds majority vote of Town Meeting.
(3) At the Moderator's discretion or at the request of 20 or more members
rising in their places for that purpose, the vote on any motion shall
be taken by use of the electronic system.
(4) Votes taken using the electronic system shall be displayed to Town
Meeting members in their places and the public before the Moderator
announces the vote. The display shall minimally show:
(a)
A short form with the final tally of "yes," "no," "abstain,"
and missing votes when the electronic vote is accompanied by a voice
vote; or
(b)
At the Moderator's discretion or at the request of 20 or more members rising in their places for that purpose, the long-form listing of Subsection
C(4)(b) shall be used even if the electronic vote is accompanied by a voice vote.
(5) Votes taken using the electronic system in conjunction with a voice
vote shall be determined by the results reported by the electronic
system.
D. Standing vote:
(1) At the Moderator's discretion or at the request of 40 or more members
rising in their places for that purpose, the vote on any motion shall
be taken by use of a standing vote.
(2) The Moderator may at any time during Town Meeting before the first
standing vote appoint tellers to make and return the count of any
standing vote during that Town Meeting.
E. Vote taken in writing or by poll. At the Moderator's discretion or
at the request of 50 or more members rising in their places for that
purpose, the vote on any motion shall be taken:
(1) In writing on a list by precinct, and for members-at-large on a list
of such members, upon which each member shall record his/her vote
and affix his/her signature; or
(2) By a roll-call poll of the meeting by the Town Clerk.
F. Record of votes:
(1) If Subsection
E(1) above is used, the signed lists shall constitute the official vote of the meeting, a permanent public record of which shall be maintained by the Town Clerk.
(2) A record of the vote taken by the electronic system or in the manner specified in Subsection
E(1) or
E(2) above shall be made available electronically to the public within 24 hours of the vote. The record shall disclose how each Town Meeting member voted.
G. When a motion is readily divisible, it shall be divided and the vote
upon each part taken separately, provided the Moderator deems the
division beneficial or at the request of 25 or more members rising
in their places for that purpose.
The presence of 100 members at a Town meeting
for the transaction of business shall be required to constitute a
quorum, except for a motion to adjourn for which no quorum shall be
required; provided, however, that no vote carrying the expenditure
or appropriation of any sum of money shall be held to be invalid by
reason of lack of the required quorum, unless it appears from the
records of the Town Clerk of the meeting that before the result of
such vote was declared the question of the presence of a quorum was
duly raised and that such record shows that the required quorum was
lacking.
The procedure and conduct of the business meetings
of the Town not herein provided for shall be governed by "Roberts'
Rules of Parliamentary Practice" so far as they are applicable and
are not inconsistent with the bylaws of the Town.