Article II The Legislature Representative Town Meeting

There shall be 150 elected Town Meeting Representatives.

Attendance records shall be kept of each town meeting and shall be made available at the Town Clerk's office. The Town Clerk shall cause the attendance records of the Town Meeting Representatives to be published in the Annual Report of the Town.

The Town Clerk, Town Administrator, Assistant Town Administrator, any member of the General Court who is a registered voter of the Town, and the chairpersons of the Select Board, Board of Assessors, Planning Board, Board of Sewer and Water Commissioners, Board of Library Trustees, Housing Authority and the School. Capital Budget and Finance Committees shall all be ex officii members at large of Town Meeting, but shall have no vote, unless already elected as Town Meeting Representatives.

[Amended 10-21-2019 FATM, Art. 19; 1-4-2023 by Chapter 370 of the Acts of 2022]

It shall be the duty of the ex officii members at large and the head of each town department or their designees to attend that part of every representative town meeting at which matters pertaining to their areas, other than those acted upon or determined by ballot, are to be considered.

Section 2-3 Apportionment of the Representatives Among the Precincts

Town Meeting Representatives shall receive no compensation for serving in that capacity.

(F)

A Town Meeting Representative shall be ineligible to vote on any issue on which he or she is declared to be in conflict of interest by Town Counsel in accordance with the General Laws.

(G)

Any citizen of the town may speak at least once on any issue at town meeting, as provided for in the Rules of Town Meeting, but he or she shall have no vote.

The number of elected Town Meeting Representatives to which each precinct is entitled for the ensuing year shall be determined between February 1 and February 15 by the Town Clerk.

The representatives shall be apportioned among the precincts, as nearly as possible, according to the following formula:

No. of inhabitants of that precinct

No. of inhabitants in the town

No. of representatives for that precinct

150

Section 2-4 Precincts

The Select Board shall divide the town into not less than five nor more than nine voting precincts. Each precinct shall contain not less than two thousand nor more than four thousand inhabitants.

[Amended 10-21-2019 FATM, Art. 19]

The precincts shall be plainly designated. All efforts shall be used to see that they are compact and contiguous and that they are bounded by center lines of highways and other well-defined limits.

Section 2-5 Redistricting of Precincts

The Select Board shall review the precincts in April every ten (10) years beginning with the year 2002 for the purpose of determining whether their boundaries should be redrawn in whole or in part.

[Amended 10-21-2019 FATM, Art. 19]

The precincts shall also be reviewed in any other year when Town Meeting so votes, provided such vote is not held later than the 1st day of November.

The Select Board members shall, within ten (10) days of completing their revisions, file a report of their action with a map and a description of the precincts and addresses of the registered voters in each precinct with the Town Clerk, the Board of Assessors and the Registrars of Voters.

[Amended 10-21-2019 FATM, Art. 19]

Such map, descriptions and lists shall be posted for one (1) month in the Town Hall; and,

Similar information shall be posted for one (1) month in at least one public place in each precinct unless that information is published in a newspaper of general circulation in the town.

The Town Clerk shall send written notice to each voter affected by the redistricting.

The Town Clerk shall notify the Secretary of the Commonwealth of any revisions of the precincts.

The redistricting shall be effective upon the date of filing of the report of the Select Board with the Town Clerk.

[Amended 10-21-2019 FATM, Art. 19]

Election of Town Meeting Representatives in a new or revised precinct.

At the next annual town election following the establishment of a new precinct or the revision of any existing precinct, the full number of representatives apportioned to those precincts shall stand for election.

Section 2-6 Nomination, Election and Term of Office

The first third to the nearest whole number of Town Meeting Representatives elected, in order of votes received, shall serve for three (3) years, the second third to the nearest whole number shall serve for two (2) years, and the remaining Town Meeting Representatives for one (1) year. In case of a tie vote affecting the division into thirds, the remaining Town Meeting Representatives from that precinct shall determine the same by ballot.

Any registered voter may be nominated to serve as Town Meeting Representative from the precinct in which he or she is domiciled. To appear on the ballot, the nominee must file a nomination paper with the Town Clerk which:

bears the signatures of no less than twenty-five (25) registered voters from the nominee's precinct;

bears the written acceptance of the nominee; and,

bears no political designation.

Special rights of incumbents.

Incumbent Town Meeting Representatives shall have the following rights:

(a)

to forego the filing of nomination papers if they have filed a written statement of their intent to seek re-election with the Town Clerk twenty-one (21) days prior to the last day for the filing of nomination papers for the office of Town Meeting Representative; (See Article VII, Section 7-1, Computation of Time.)

(b)

to have the words "candidate for re-election" added to their names as they appear on the ballot.

The term "incumbent" shall include those Town Meeting Representatives who are required to stand for re-election because of a redistricting of the precincts of the creation of new precinct, provided that a portion of his/her original precinct is contained in the new precinct; but,

For the purposes of this paragraph, the term shall not be taken to include those persons who have been elected by Town Meeting Representatives to fill a vacancy.

Should an equal number of votes be received by two or more candidates and cause a tie for the purpose of deciding who shall be declared elected a Town Meeting Representative, the remaining Town Meeting Representatives of that precinct shall decide the issue by secret ballot, as in Section 2-5(E)(2).

The Town Meeting Representatives shall be elected in conformity with Chapters 53 and 54 of the General Laws relative to elections, and the provisions of law relating to precinct voting at election shall apply to all elections and primaries in the town so far as such laws are not inconsistent herewith. The provisions of this article pertaining to the establishment of precincts shall not authorize any action contrary to the provisions of any law relative to the use of precincts in the formation of representative districts.

Except as provided in Section 2-5(E)(2), the term of office for Town Meeting Representatives shall be three years, so that approximately one third of the membership shall be elected each year.

Section 2-7 Vacancies

Resignation and relocation:

Town Meeting Representatives may resign by filing a written resignation with the Town Clerk, effective upon the date of filing.

A representative who moves from the town shall cease forthwith to be a representative and must, within ten (10) days, submit a written notice to the Town Clerk. A representative who moves from one precinct to another may serve only until the next annual town election.

When a vacancy occurs in the full number of Town Meeting Representatives from any precinct arising from any cause, other than the failure of the registered voters thereof to elect, said vacancy shall be filled until the next annual town election by the remaining Town Meeting Representatives of the precinct in which the vacancy has arisen.

The Town Clerk shall call a special meeting of the Town Meeting Representatives of the precinct in which the vacancy exists. The Town Clerk shall also publish notice of such vacancy at least one week prior to filling that vacancy.

The Town Clerk shall mail to every such representative, a notice specifying the object, time and place of the meeting, not less than five (5) days before the time set for the meeting.

At the said meeting, a majority of the representatives from such precinct shall constitute a quorum.

The choice to fill the vacancy shall be by ballot and a majority of the votes cast shall be necessary for election.

After receiving written acceptance from the successful candidate, the Town Clerk shall give public notice of his/her election.

Section 2-8 Moderator

The Moderator shall be nominated and elected in the same manner as the other elected town officials at the annual town election.

The term of office for Moderator shall be for one (1) year.

The Moderator shall preside over the town meetings, appoint members of the Finance Committee and Capital Budget Committee and have those other powers and duties as may be given him or her by the General Laws, amendments to this Charter, by-law, or vote of the Town Meeting.

[Amended 1-4-2023 by Chapter 370 of the Acts of 2022]

If the Moderator is absent, the Town Clerk shall have the power to call the meeting to order and act on a motion to adjourn or, if there is business to be transacted, the Clerk shall have the power to preside until a Moderator Pro Tempore is elected by the Town Meeting Representatives, which election shall be held as the first order of business of the meeting at which the moderator is absent.

The Moderator Pro Tempore shall have no power to make appointments unless specifically authorized by vote of the Town Meeting.

Section 2-9 Committees of Town Meeting

The Town Meeting shall have the power to establish Committees.

Town Meeting shall direct such a committee to report to the Town Meeting, the Moderator, or to the Select Board, and shall determine the time, manner and method of reporting.

[Amended 10-21-2019 FATM, Art. 19]

Town Meeting shall appoint the committees or give this power to the Moderator or to the Select Board.

[Amended 10-21-2019 FATM, Art. 19]

those committees shall be:

Finance Committee

The Moderator shall appoint a committee of fifteen to serve as the Finance Committee.

The Moderator shall appoint five (5) members each year for a term of three (3) years, which expires on June 30. Should a vacancy occur, the committee chair shall notify the Moderator, who shall fill the vacancy for the unexpired term. The members of the committee shall receive no compensation for serving in that capacity.

[Amended 10-21-2019 FATM, Art. 19]

The Finance Committee shall have all the powers granted a committee of its nature by the General Laws and in this regard shall not be affected by Paragraph (H) of this section.

The Finance Committee shall be the advisory committee for town meeting on all subjects. For this reason, the Finance Committee may compel the appearance of any town official, employee or other persons, records or information which is reasonable and necessary for its deliberations.

The Finance Committee shall include, with each report which the Finance Committee is required by Town by-laws to distribute to each residence prior to the Fall and Spring Annual Town Meetings, a schedule showing the following:

(a)

the amount of any and all unexpended monies from articles approved by action of representative town meetings held in fiscal years ending prior to the year preceding the fiscal year in which the report is being sent; and

(b)

the date of such actions.

(F)

Town Meeting Rules Committee

At the first session of the annual town meeting, each precinct shall meet and select one of its members to serve on the Town Meeting Rules Committee.

The Town Meeting Rules Committee shall consider any subject matter which deals with the manner in which town meeting conducts its business and submits its recommendations to town meeting.

Changes in the Rules of Town Meeting shall be effective upon a two-thirds vote of the town meeting.

Copies of ratified changes in the Rules of Town Meeting shall be-made available to all current Town Meeting Representatives in the office of the Town Clerk.

Should a vacancy occur, or should any precinct fail to select one of its members to serve on the Town Meeting Rules Committee, the Moderator shall appoint a Town Meeting Representative who shall be from that precinct, to fill out the unexpired term. Any member of the Town Meeting Rules Committee who ceases to be a Town Meeting Representative shall be deemed to have resigned therefrom.

(G)

Town By-laws Committee

At the first session of the fall annual town meeting in the year in which this Charter is adopted and at no more than five (5) year intervals thereafter, each precinct shall meet and select one (1) of its members to serve on the Town By-laws Committee.

The Town By-laws Committee shall review the town by-laws and present its report, including any revisions or recodifications, to the next fall annual town meeting for reenactment. Subsequent to enactment by the Town Meeting, copies of the revised by-laws shall be published as required by the General Laws.

Should a vacancy occur or should any precinct fail to select one of its members to serve on the Town By-laws Committee, the Moderator shall appoint a Town Meeting Representative, who shall be from that precinct, to fill out the unexpired term. Any member of the Committee who ceases to be a Town Meeting Representative shall be deemed to have resigned therefrom.

The Town By-laws Committee shall be discharged upon dissolution of the fall annual town meeting at which its report is presented for action unless otherwise voted by the Town Meeting.

Copies of the revised by laws shall be made available for distribution; provided, however, that a charge not to exceed the actual cost per copy of reproduction may be charged.

(H)

Capital Budget Committee

There shall be a Capital Budget Committee consisting of seven members which are appointed, six (6) of which shall be appointed by the Moderator, and one (1) designated from the Finance Committee for three (3) year terms, so arranged that the terms of not more than three members shall expire each year.

The Capital Budget Committee shall review and make recommendations with respect to any proposed expenditure of town funds on capital projects to the town meeting, the Finance Committee and other town boards, departments, offices and committees.

The various town boards, officers, and committees charged with the expenditures of town money shall, at a reasonable time before the end of each calendar year, prepare detailed estimates of the amounts deemed by them advisable for the town to expend for capital projects annually for a period up to six years or as determined by the Capital Budget Committee, together with explanatory statements providing such additional information about each proposed capital project as reasonably may be requested by the Capital Budget Committee.

The Capital Budget Committee shall duly consider the same and may confer with said town boards, officers and committees, and hold hearings, if they deem it advisable. The Committee shall meet with the Finance Committee before preparing its final report. The Committee shall make a report annually of the matters so considered by it with recommendations or suggestions relative thereto, and their said report shall be published and distributed, as part of the annual report of the Finance Committee.

Section 2-10 Date for Town Meeting, Notification, Quorum and Adjournment

A capital project shall generally be considered a physical betterment or item of equipment having a substantial useful life (in excess of 5 years) the total cost of which exceeds $5,000 or such other amount as may be specified from time to time in the Town By-laws. A capital project shall be more specifically defined as a non-recurring expenditure financed in whole or in part by town funds or other sources of revenue available to the town for the construction, reconstruction, replacement, major repair, extension or other improvement of a public building, highway, sidewalk, storm drain, sewer, installation, vehicle, equipment, bridge, playground, land, park or cemetery or pond, and public works or other facility, structure or utility appurtenant.

(I)

Except for the Finance Committee (as provided in Paragraph (D)(3) in this section) and any other Committee of the Town Meeting which is given such powers by the General Laws, no committee established by the Town Meeting shall have executive or legislative powers and all matters shall be determined by the Town Meeting.

The Town Meeting shall meet annually at 7:30 p.m. on the first Monday in May to consider and adopt an annual operating and capital budget, and to act on fiscal subjects or any pertinent matters. The meeting shall be continued on other days until all articles in the warrant shall have been acted upon; however, all business must be completed prior to the annual town election.

The Town Meeting shall also meet annually at 7:30 p.m. on the third Monday in October to consider and act on matters of planning, zoning, subdivision control, building codes, and the adoption, amendment, or repeal of by-laws, as well as to consider and act upon such other business, including matters involving an appropriation of town funds, as may properly come before the meeting. The meeting shall be continued on other days until all articles in the warrant have been acted upon. In case of an emergency, the business of the meeting may be adjourned for no longer than two weeks.

A special town meeting may be called by the Select Board, and/or by petition of 200 registered voters.

[Amended 10-21-2019 FATM, Art. 19]

A majority of the Town Meeting Representatives shall constitute a quorum.

The Town Clerk shall notify the Town Meeting Representatives of the time and place at which the annual and any special town meetings are to be held.

such notices to be sent by mail at least seven (7) days in advance of the meeting; but;

Section 2-11 Who Shall Act on the Various Warrant Articles

no mailed notices of time and place of adjourned town meetings shall be required.

The articles in the warrant for any town meeting which relate to the election of a Moderator, town officers, and Town Meeting Representatives and to referenda and all matters to be acted upon and determined by ballot shall be acted upon and determined by the registered voters of the town.

Meetings of the registered voters of the several precincts for election and primaries and for voting upon a question to be submitted to the town, shall be held at the same time and at such place or places as the Select Board members shall direct in the warrant for the meetings.

[Amended 10-21-2019 FATM, Art. 19]

All other articles shall be acted upon and determined exclusively by the Town Meeting Representatives at a meetings held at a time and place specified by the Select Board members in the warrant for such meetings subject to a referendum as herein provided.

[Amended 10-21-2019 FATM, Art. 19]

Section 2-12 Copies of Labor Contracts

[Amended 10-21-2019 FATM, Art. 19]

At least (7) days before the session of town meeting at which any collective bargaining agreement is presented for approval or funding, the Town Meeting Representatives and Select Board shall be furnished with a written summary explaining the revisions contained in that agreement. In addition to the foregoing, at least seven (7) days before being presented for such approval or funding, a copy of the entire agreement shall be placed on file with the office of Town Clerk for inspection by any Representative Town Meeting Member or resident and shall be posted on the town of Walpole's website. These agreements shall remain posted on the website until at least five (5) days after the town meeting is dissolved.

Any changes in a negotiated labor contract made subsequent to its distribution to the Town Meeting Representatives and prior to its funding may be submitted with explanation, but without the furnishing of a completely revised contract or contracts.

Section 2-13 Referendum

A referendum may be held on a vote of the Town Meeting which:

authorizes the expenditure of $25,000 or more as a special appropriation;

establishes a new board or office;

abolishes an existing board or office;

merges two or more boards or offices;

fixes the term of office of town officers, where such term is left to local option;

(6)

changes the number of members of a board;

(7)

adopts a new by-law; and

(8)

changes or repeals an existing by-law.

The votes mentioned in numbers 3-6 shall not be subject to referenda when adopted under Chapter 43B of the General Laws, since a vote of the entire town is required thereon.

A petition requesting a referendum must;

State the question upon which the referendum is to be held;

Be filed with the Town Clerk within ten days of the last session of the Town Meeting in which the vote was taken;

Be signed by not less than fifty voters from each precinct, the aggregate number of those signing being not less than 4% of the voters of the town.

The date and method for taking the vote on the referendum shall be as follows:

The Town Clerk shall determine within five days whether the petition meets the requirements of Paragraph (C) and report his/her findings to the Select Board members.

[Amended 10-21-2019 FATM, Art. 19]

The Select Board members shall, within five days of the receipt of the petition and a favorable report of the Town Clerk, set the date for the vote.

[Amended 10-21-2019 FATM, Art. 19]

Such vote shall be taken on any Saturday within forty-five (45) days of the filing of the petition with the Town Clerk.

Each question submitted shall be placed on the official ballot in the following form:

"Shall the Town vote to approve the action of the Representative Town Meeting whereby it voted, (insert a brief description of the substance of the vote)?"

The polls for voting upon such a question shall be opened no later than 8:00 a.m. and shall be closed no earlier than 8:00 p.m.

(6)

The vote shall be taken by ballot and the checklist used in the several precincts in the same manner as for the election of the town officials.

Effect of the Vote

A question submitted to a referendum shall be determined by a majority of the registered voters of the town, voting thereon.