The legislative branch shall consist of a form of town meeting,
limited to those inhabitants who re elected to meet, deliberate, act
and vote in the exercise of the corporate powers of the town.
The representative town meeting membership shall consist of
three hundred and ninety members who shall all be registered voters
of the town and who shall be apportioned in precincts on the basis
of population with each precinct having, as near as possible, the
same number of the representative town meeting members as any other
precinct. At each annual town election the registered voters of each
precinct shall elect one third of the number of town meeting members
to which that precinct is entitled for the term of three years, and
shall at such election fill for the unexpired term or terms any vacancy
or vacancies then existing in the number of town meeting members in
their respective precincts.
At least once in every ten years the select board, assisted
by the board of registrars of voters, in accordance with the provisions
of section six of chapter fifty-four of the General Laws, shall divide
the territory of the town into not more than ten convenient voting
precincts each of which shall contain, as nearly as is possible, an
equal number of residents of the town but not more than four thousand
inhabitants.
The precincts shall be so established as to consist of compact
and contiguous territory, to be bounded as far as possible, by the
center line of known streets and ways or by other well defined limits.
Their boundaries shall be reviewed and, if need be, wholly or partly
revised by the districting board every ten years in accordance with
the federal census.
Nomination of candidates for town meeting members shall be made
by nomination papers signed by not less than twenty voters of the
precinct in which the candidate resides, and filed with the town clerk
at least thirty-five days before the election; provided, that any
town meeting member who has attended one-half, or more, of the town
meeting sessions (whether or not a quorum is present and whether or
not any business is actually conducted) held during the term of office
may become a candidate for re-election by giving written notice thereof
to the town clerk at least thirty days before the election. No nomination
papers shall be valid in respect to any candidate whose written acceptance
is not thereon or attached thereto when filed.
The registered voters in each precinct shall not sooner than ninety days after the establishment of precincts under this act at the next annual town election held thereafter, and at the first annual town election following any precinct revision where the number of precincts is changed, conformably to the laws relative to elections not inconsistent with this act, elect by ballot the number of registered voters in the precinct provided for in section 2-2, to be town meeting members of the town. The first third in order of votes received of members so elected shall serve three years, the second third in such order shall serve two years, and the remaining third in such order shall serve one year, from the day of the annual town meeting, or, in case such election is at a special meeting, from the next annual town meeting; in case of a tie vote affecting the division into thirds, as aforesaid, the members elected from the precinct shall by ballot determine the same; and thereafter, except as is otherwise provided herein.
Upon every revision of the precincts where the number of precincts
is changed, the terms of office of all town meeting members from every
precinct revised shall cease upon the election of their successors.
The town clerk shall, after every election of town meeting members,
forthwith notify each member by mail of his election.
(a)
Resignation of members. A town meeting member may resign by filing
a written resignation with the town clerk, and such resignation shall
take effect upon the date of such filing.
(b)
Forfeiture of office upon removal from Town or precinct. A town meeting
member who removes from the town shall cease to be a town meeting
member and an elected town meeting member who removes from one precinct
to another or is so removed by a revision of precincts shall not retain
membership after the next annual election.
(c)
Filling of vacancies. Any vacancy in the full number of town meeting
members from any precinct may be filled until the next annual election
by the remaining town meeting members of the precinct from among the
registered voters thereof. The town clerk shall promptly give notice
of any vacancy to the remaining members from the precinct in which
the vacancy or vacancies exist and he shall call a special meeting
of such members for the purpose of filling any vacancy. A notice specifying
the object, time and place of the meeting shall be mailed to every
such member not less than seven days before the time set for the meeting.
At the said meeting a majority of the members present shall elect
from their own number a chairman and a clerk. The choice to fill any
vacancy shall be by written ballot and a majority of the votes cast
shall be required for a choice. The chairman and clerk shall count
the ballots and shall make a certificate of the choice and forthwith
file the same with the town clerk, together with a written acceptance
by the member or members so chosen who shall thereupon be deemed elected
and qualified, subject to the right of all the town meeting members
to judge of the election and qualifications of the members.
The town meeting members as such shall receive no compensation.
[Amended by Town Meeting 6-3-2014, approved by voters 4-7-2015]
The Town Moderator shall preside over every Town Meeting, except
in the case of a conflict of interest or as otherwise provided by
law. If the Town Moderator is absent or is unable to preside over
a Town Meeting or a portion thereof, whether due to a conflict of
interest or otherwise, then the Town Clerk shall preside until and
unless the Town Meeting appoints a moderator pro tempore for that
Town Meeting.
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The moderator, at town meetings, shall regulate the proceedings,
decide all questions of order, make public declaration of all votes
and may exercise such additional powers and duties as may be authorized
by general law, by this charter, by by-law or by other town meeting
vote. To assist in the counting of votes, the moderator shall, at
each town meeting, appoint at least two persons, not representative
town meeting members, to act as tellers.
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Rulings made by the town moderator may be appealed to the representative
town meeting by a motion so to do which shall be put to the meeting
by the moderator in the form: Shall the ruling of the moderator be
reversed? A majority vote shall be required to reverse the ruling
of the moderator.
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[Amended by Town Meeting 6-3-2014, approved by voters 4-7-2015]
The Town Meeting shall meet in regular session twice in each
calendar year. The first Annual Town Meeting shall be held on the
first Tuesday in the month of June, and shall be primarily concerned
with the determination of matters involving the expenditure of Town
funds, including, but not limited to, the adoption of an Annual Operating
Budget for all Town agencies. The second Annual Town Meeting shall
be held on the third Tuesday in October.
Special town meetings may be held at the call of the select
board at such times as it may deem Necessary in order to transact
the legislative business of the town in an orderly manner. Special
town meetings may also be held on the petition of two hundred or more
voters, in the manner provided by general law.
(a)
In general. Every town meeting shall be called by a warrant issued
by the select board which shall state the time and place at which
the town meeting is to convene and, by separate articles, the subject
matter to be acted upon. The publication of the warrant for every
town meeting shall be in accordance with any by-law governing such
matters.
(b)
Initiation of warrant articles. The select board shall include on
the warrant for a town meeting the subject matter of all petitions
that are submitted by (1) any individual elected town officer, (2)
any multiple member body acting by a majority of its members, (3)
any ten voters for the annual town meeting and any one hundred voters
or thirty-six town meeting members for a special town meeting, provided
such petitions have been received by it within the time period it
has established for the warrant to be open, and further provided that
any such petition that has been filed by voters must demonstrate the
residency of the petitioners and such residency must be verified,
all as provided in the general laws. Articles on the warrant shall
list the petitioner(s).
Whenever a town meeting is to be called the select board shall
give notice by publication in a local newspaper of such intention
and shall include in the warrant for such town meeting the subject
matter of all petitions which are received at its office on or before
four o'clock in the afternoon of the fourth business day following
such publication.
[Amended by Town Meeting 10-18-2011, approved by voters 4-3-2012]
(c)
Inclusion on warrant. (Deleted)
[Amended by Town Meeting 10-18-2011, approved by voters 4-3-2012]
(a)
Availability. Every town officer, the chairperson of each multiple
member body, and the head of each department shall attend all sessions
of the town meeting for the purpose of providing the town meeting
with information pertinent to matters appearing in the warrant. In
the event any town officer, chairperson of a multiple member body,
or department head is to be absent due to illness or other reasonable
cause, such person shall designate a deputy to attend to represent
the office, multiple member body, or department. If any person designated
to attend the town meeting under this section is not a voter, such
person shall, notwithstanding, have a right to address the meeting
for the purpose of compliance with this section.
(b)
Participation. A town officer, the chairperson of a multiple member
body, a department head, or a person attending a town meeting to represent
any of said agencies shall have a right to make a motion under any
article in the warrant which relates specifically to the operation
of the agency such person represents, but, unless otherwise elected
as a town meeting member, shall have no right to vote.
Except as otherwise provided by law or this charter, all powers
of the town shall be vested in the town meeting. The town meeting
shall provide for the exercise of all powers of the town and for the
performance of all duties and obligations imposed upon the town.
(a)
Meetings to be public. All town meetings shall be public.
(b)
Notice of meetings. The town clerk shall notify the town meeting
members of the time and place at which representative town meetings
are to be held, the notices to be sent by mail at least seven days
before the meeting. Notice of every adjourned representative town
meeting shall be posted by the town clerk in the town office building.
The notices shall state briefly the business to be acted upon at any
meeting and shall include notice of any proposed reconsideration.
(c)
Quorum. A majority of the town meeting members then in office shall
constitute a quorum for doing business; but a less number may organize
temporarily and may adjourn from time to time.
(d)
Judge of election and qualification. The town meeting members, as
aforesaid, shall be the judges of the election and qualification of
their members.
(e)
Clerk of the Town Meeting. The town clerk, or the designee of the
town clerk, shall be the clerk of the town meeting. The clerk of the
town meeting shall give notice of all of its meetings to the town
meeting members and to the public, keep the journal of its proceedings
and perform such other functions as may be otherwise required.
(f)
Meetings of multiple member bodies. No multiple member body of the
town shall schedule a meeting to be held during the time it is known
the town meeting will be in session for the transaction of town business.
This section shall not be construed to prevent an emergency meeting
of a multiple member body held in the same building in which the town
meeting is to meet nor shall it prevent a meeting to be held any portion
of which will consist of a public hearing for which notice has been
given by publication or other means prior to the date on which the
town meeting was scheduled to meet on the same date.
(g)
Voter participation. Subject to such rules as may from time to time
be adopted by the representative town meeting members, any voter shall
have a right to speak at sessions of the representative town meeting,
but no right to vote.
(a)
Effective date of certain votes suspended (votes subject to referendum
procedures). A vote passed at any representative town meeting, authorizing
the expenditure of two hundred twenty Thousand dollars or more as
a special appropriation, or establishing or abolishing a board or
office, merging two or more boards or offices, fixing the term of
office of town officers, where such term is optional, increasing or
reducing the number of members of a board, or adopting or amending
a by-law, shall not be operative until after the expiration of eight
days, exclusive of Sundays and holidays, from the dissolution of the
meeting. If such petition is not filed within said period of eight
days, the vote of the representative town meeting shall become operative
and effective upon the expiration of said period.
(b)
Referendum petition. If, within said eight days a petition, signed
by not less than six per cent of the registered voters of the town,
containing their names and addresses as they appear on the list of
registered voters, is filed with the select board asking that the
question or questions involved in such a vote be submitted to the
registered voters of the town at large, the select board, within not
less than twenty-one days of the filing of such petition, shall call
a special town election for the sole purpose of presenting to the
registered voters at large the question or questions so involved,
and said meeting shall be convened not less than thirty-five days,
nor more than sixty days from the date of the call of such election.
(c)
Special election. The polls shall be opened not later than eleven
o'clock in the forenoon and shall be closed not earlier than eight
o'clock in the evening, and all votes upon any question so submitted
shall be taken by ballot, and the check list shall be used in the
several precinct meetings in the same manner as in the election of
town officers. The questions so submitted shall be determined by a
majority vote of the registered voters of the town voting thereon,
but no action of the representative town meeting shall be reversed
unless at least twenty-five per cent of the registered voters shall
vote to disapprove such action. Each question so submitted shall be
in the form of the following question, which shall be placed upon
the official ballot: "Shall the town vote to approve the action of
the representative town meeting whereby it was voted (the vote as
it appears in the records of the town clerk)?"
