[HISTORY: Derived from Chapter 41, of the prior Code.
Amendments noted where applicable.]
[Amended 11-17-1975 STM, Art.
11; 5-16-1994 ATM, Art. 10; 4-25-2016 ATM, Art. 34]
The annual town election shall be held on the second Tuesday
in May at such time and place as the Selectmen may determine.
[Amended 10-15-1973 STM, Art.
5; 11-17-1975 STM, Art. 11; 4-11-1983 ATM, Art. 23; 5-16-1994 ATM, Art. 10; 4-22-2019 ATM, Art. 35; 7-18-2020 ATM, Art. 28]
A. The
annual town meeting shall begin on the fourth Monday in April at such
place as the selectmen shall determine. The initial session of the
meeting shall begin at 6:00 p.m. Upon completion of the article which
is under discussion at 10:00 p.m. on Monday, the meeting shall be
adjourned to 6:00 p.m. of the following day; provided, that it is
not a recognized state or federal holiday; and thereafter, the meetings
shall continue on beginning at 6:00 p.m. and ending upon the completion
of the article which is under discussion at 10:00 p.m., until the
meeting is completed in accordance with Section 1-80-170. A 2/3 vote
of those present may extend that meeting beyond the normal time of
adjournment.
B. Special
Town Meetings shall be otherwise according to the provisions of MGL
39 and shall be adjourned to such place and at such time as voted
by 2/3 of those present and voting; provided, however, that any session
of an Annual Town Meeting or a Special Town Meeting shall be adjourned
before the time otherwise provided herein if, by one hour after the
time set for beginning, a quorum has not assembled or if thereafter
a quorum is declared to have been lost.
[Amended 5-22-1984 ATM, Art. 16; 5-16-1988 ATM; 4-29-1997 ATM, Art. 46; 4-28-2003 ATM, Art. 24; 4-22-2013 ATM,
Art. 36]
A. Notice
of every Annual Town Meeting shall be given by posting printed, attested
copies of the warrant therefor at the Town Hall, at any United State
Post Office in the town, at every polling place and elsewhere in the
town as designated by the Selectmen, at least 14 days before the time
appointed for such Annual Town Meeting.
B. The
warrant for the annual town election and Annual Town Meeting shall
be addressed to a Constable, who shall post the same in the designated
places and shall make his return attesting said posting to the Town
Clerk, together with the original warrant.
C. The
warrant for the Annual Town Meeting shall be made available at the
office of the Town Clerk at least 14 days prior to the Annual Town
Meeting and at said Annual Town Meeting.
D. The
wording of articles on the Town Meeting warrant should be as descriptive
as possible so that the article may be moved and considered as presented
on the warrant. Further, all appropriation articles must state the
exact item or services the sum is being appropriated for, and, where
possible, the cost should be included. All amendments to bylaws must
show the full text of the section or subsection being amended; any
wording that is being proposed as deleted must be shown in strikethrough;
and any proposed added wording must be underlined. Finally, any article
that refers to a specific location must clearly show the street address
or addresses, in addition to any required legal description, and a
line map showing such location must be available for public inspection.
These guidelines shall not apply to the town budget or to school budgets.
E. The
warrant for an annual or special town meeting may specify that the
meeting is to be held in a suitable auditorium or other facility in
any of the contiguous towns. Town meeting may also vote to adjourn
to such a facility if it deems appropriate.
[Amended 5-16-1988 ATM; 4-22-2013 ATM, Art. 36]
A. Notice
of every Special Town Meeting shall be given by the Town Clerk by
mailing to each household in the town a notice of such Special Town
Meeting at least 14 days before the time appointed for such Special
Town Meeting.
B. The
warrant for a Special Town Meeting shall be available at the office
of the Town Clerk at least 14 days prior to the Special Town Meeting
and shall also be made available at said Special Town Meeting.
C. The
warrant for a Special Town Meeting shall be addressed to a Constable,
who shall post the same in the designated places and shall make his
return attesting said posting to the Town Clerk, together with the
original warrant.
D. For
future town warrants, the exact wording of motions should appear on
the warrant. Further, all appropriation articles must state the exact
item or services the sum is being appropriated for, and, where possible,
the cost should be included. All amendments to bylaws must show the
full text of the section or subsection being amended; any wording
that is being proposed as deleted must be shown in strikethrough;
and any proposed added wording must be underlined. Finally, any article
that refers to a specific location must clearly show the street address
or addresses, in addition to any required legal description, and a
line map showing such location must be available for public inspection.
These guidelines shall not apply to the town budget or to school budgets.
Unless otherwise ordered by the Moderator or by a majority vote
of the Meeting, no person whose name is not on the list of registered
voters shall be admitted to the hall where the Meeting is being held
or shall be allowed to address the Meeting. This provision shall be
enforced with the use of the checklist, and the Moderator shall determine
the bounds of the hall. In no event shall a person who is not a registered
voter vote at a Meeting.
The Moderator shall call the Meeting to order, shall announce
the number constituting the quorum and shall determine the existence
of a quorum. The Moderator shall then read the return of the person
who served the warrant for the Meeting and shall then read the warrant
unless the Meeting votes that the reading of the articles in the warrant
be dispensed with. In the absence of the Deputy Moderator, the Meeting
shall be called to order by the Town Clerk, who shall preside until
a Temporary Moderator is chosen. The Temporary Moderator shall act
during the absence of the Moderator and Deputy Moderator.
Except as otherwise provided by law or in this Code, the conduct
of the Town Meetings shall be determined by the rules and practices
contained in the latest revised edition of Town Meeting Time so far
as they are adapted to the conditions and powers of the town. A copy
of said Town Meeting Time shall be made available by the Town Clerk
for public reference at the Town Clerk’s office, in the Town
Public Library and at the Town Meeting.
If the person presiding wishes to speak at the Meeting, he shall
appoint the Deputy Moderator or, in his absence, a voter to act in
his place while he addresses the Meeting.
[Amended 9-20-1976 STM, Art. 6]
A quorum shall consist of 100 registered voters as of the preceding
January.
Unless otherwise provided by statute or this Code, all motions
shall require a majority vote.
All articles in the warrant shall be taken up in their order
unless otherwise ordered by a two-thirds vote of the Meeting.
A motion to indicate the sense of the Meeting as to any subject
matter then under discussion shall be in order.
Every motion except a procedural motion shall be reduced to
writing and signed by the person presenting it. Before receiving any
motion, the Moderator shall require that it be seconded. A motion
may be withdrawn by the mover if no objection is made.
After any action has been taken on an article in the warrant,
that action shall not be reconsidered except upon a two-thirds vote
of the Meeting.
No vote shall be reconsidered except at the same session upon
a motion to that effect or at an adjourned session of the same Meeting
upon a notice of such motion given at the same session of the Meeting
at which the vote was originally passed or rejected. Any voter may
make a motion to reconsider or give notice thereof. A vote upon a
question shall not be reconsidered more than once. A decision upon
a motion of reconsideration shall be final. Reconsideration of all
other motions shall be as set forth in the Table of Motions located
at the end of this chapter.
No final action shall be taken on any article inserted in the
warrant upon the express petition of any voter or group of voters
until such voter or spokesman for such group, if present, has had
an opportunity to be heard on the subject matter therein mentioned.
No motion, the effect of which would be to dissolve the Meeting,
shall be in order until every article in the warrant for such Meeting
has been acted upon. This shall not preclude an adjournment of a session
of the Meeting to some other date.
Every person, when about to speak, shall rise, address the Moderator
and wait until he is recognized. In speaking, he shall refrain from
personalities and confine himself to the question under consideration.
When two or more persons rise to speak at the same time, the Moderator
shall name the one entitled to speak.
No person, while speaking, shall be interrupted by another except
for a question of privilege or a point of order or to give notice
of a motion to reconsider. The Moderator may speak to points of order
in preference to other voters.
A. No person
shall speak more than once on one article until others who have not
spoken shall have the opportunity to do so. No person shall speak
more than five minutes at one time. The limitations shall not apply
in the following situations:
(1) Where the person desiring to speak has obtained consent of the Meeting.
(2) Where the person desiring to speak seeks to correct his mistake or
misstatement previously made by him.
(3) Where the person desiring to speak seeks to make an explanation by
way of response to a question.
(4) Where the person desiring to speak seeks to make a motion relative
to the matter.
(5) Where this chapter otherwise provides.
B. No presentation
of any elected or appointed board or committee and no presentation
by any group of individuals acting in concert and speaking in an order
recognized in advance by the Moderator shall exceed 15 minutes in
length unless consent is given by the Meeting.
A Table of Motions (their order of priority) and other rules
relating thereto are set forth at the end of this chapter. Only these
motions and others specifically provided for in this chapter shall
be in order. Debate, when allowed as to main motions, shall be as
provided in § 1-80-200. Debate when allowed as to any other motion,
shall be limited to 10 minutes in the aggregate, and no person shall
speak more than three minutes nor more than once.
A privileged subsidiary or incidental motion shall be in order
according to rank except on an immediate repetition of the same motion
or pending a verification of a vote. A privileged motion relates to
the conduct of the Meeting and does not have to relate to the main
question. Subsidiary and incidental motions relate to the modification
or disposition of the main question and are in order when the main
question to which they relate is before the Meeting.
[Amended 4-24-1972]
A motion to close debate may be made only with reference to
the motion before the Meeting.
Subsequent to the presentation of any debatable motion, no action
having the effect of terminating debate shall be in order until there
has been ample opportunity for both affirmative and negative comments.
An amendment cannot be amended more than once, and no motion
or proposition of a subject different from that under consideration
shall be entertained under color of an amendment.
The procedure and conduct of Town Meetings not provided for
by law, this chapter or Town Meeting Time shall be governed by the
general principles of parliamentary law so far as they are adapted
to Town Meetings and as outlined in the Table of Motions.
[Added 5-18-1987 ATM, Art. 37]
Any amendment to the Consolidated Personnel Bylaw presented
at any Town Meeting of the Town of Northborough by the Personnel Board
may be divided by a motion to that effect made from the floor of the
Town Meeting.
The Chairman of every town board, commission and committee and
the head of every town department shall be in attendance throughout
every session of every Town Meeting; in the event of the inability
of such person to so attend a Meeting for causes beyond his control,
he shall designate an appropriate representative to so attend in his
place.
The Selectmen shall insert in all warrants for Town Meetings
an article providing for the receiving of reports from any outstanding
committees.
[Amended 4-13-1982 ATM, Art. 38; 5-22-1984 ATM, Art. 16; 4-22-1996 ATM, Art. 36]
The Selectmen shall cause to be published an annual town report
of the activities of the various town boards, departments, committees
and officers during the year preceding and containing a detailed report
of all appropriations and expenditures made during such period. They
shall cause to be available at the office of the Town Clerk, at least
two weeks before the Annual Town Meeting, a copy of the warrant for
the Annual Town Meeting. The Selectmen shall also cause the annual
town report to be available for distribution at the office of the
Town Clerk not later than seven days preceding the Annual Town Meeting
and at all sessions of the Annual Town Meeting.
Before a vote is taken on any motion of any board, committee
or commission of the Town of Northborough (elected or appointed),
all persons attending said Meeting wishing to speak on the motion
shall be allowed to do so. After a reasonable time for discussion
has passed, the Chairman shall then put the motion to a vote.
TABLE OF BASIC POINTS OF MOTIONS
Town of Northborough
|
---|
Rank
|
Type
|
Second Required
|
Debatable
|
Amendable
|
Vote Required
|
May Reconsider
|
May Interrupt
|
---|
Privileged Motions
|
1
|
Dissolve (adjourn sine die)
|
Yes
|
No
|
No
|
Majority
|
No
|
No
|
2
|
Adjourn to a fixed time
|
Yes
|
Yes
|
Yes
|
Majority
|
No
|
No
|
3
|
Point of no quorum
|
No
|
No
|
No
|
None
|
No
|
No
|
4
|
Fix the time to (or at) which to adjourn
|
Yes
|
Yes
|
Yes
|
Majority
|
Yes
|
No
|
5
|
Questions of privilege
|
No
|
No
|
No
|
None
|
No
|
Yes
|
Subsidiary Motions
|
6
|
Lay on the table
|
Yes
|
No
|
No
|
2/3
|
Yes
|
No
|
7
|
The previous question
|
Yes
|
No
|
No
|
2/3
|
No
|
No
|
8
|
Limit or extend debate
|
Yes
|
No
|
No
|
2/3
|
Yes
|
No
|
9
|
Postpone to a time certain
|
Yes
|
Yes
|
Yes
|
Majority
|
Yes
|
No
|
10
|
Commit or refer
|
Yes
|
Yes
|
Yes
|
Majority
|
Yes
|
No
|
11
|
Amend or substitute
|
Yes
|
Yes
|
Yes
|
Majority
|
Yes
|
No
|
12
|
Postpone indefinitely
|
Yes
|
Yes
|
No
|
Majority
|
Yes
|
No
|
Incidental Motions
|
Same rank as motion out of which they arise
|
|
Point of order
|
No
|
No
|
No
|
None
|
No
|
|
|
Appeal from ruling
|
Yes
|
Yes
|
No
|
Majority
|
Yes
|
|
|
Division of a question
|
Yes
|
Yes
|
Yes
|
Majority
|
No
|
|
|
Separate consideration
|
Yes
|
Yes
|
Yes
|
Majority
|
No
|
|
|
Fix the method of voting
|
Yes
|
No
|
Yes
|
Majority
|
No
|
|
|
Nominations to committees
|
Yes
|
No
|
No
|
Plurality
|
No
|
|
|
Withdraw or modify a motion
|
|
No
|
No
|
No
|
Majority
|
|
|
Suspension of a rule of parliamentary procedure
|
Yes
|
Yes
|
No
|
2/3
|
No
|
|
Main Motions
|
None
|
Main motion
|
Yes
|
Yes
|
Yes
|
Var.
|
Yes
|
|
*
|
Reconsider or rescind
|
Yes
|
*
|
No
|
2/3
|
No
|
|
None
|
Take from the table
|
Yes
|
No
|
No
|
Majority
|
No
|
|
None
|
Advance an article
|
Yes
|
Yes
|
Yes
|
2/3
|
Yes
|
|
*
|
Same rank and debatable to same extent as the motion being considered
or rescinded.
|