2-1-1
The legislative powers of the town shall be exercised by a town meeting
open to all registered voters of the town.
2-2-1
Business sessions of the annual town meeting shall be held on the
first Monday in May and may be continued on such additional days as
may be decided by the town meeting upon recommendation of the select
board. There shall also be a second business session of the annual
town meeting, referred to as the annual fall town meeting, held in
the last 3 months of the calendar year on a date to be determined
by the select board, which meeting shall be an annual town meeting
for purposes of the General Laws; provided, however, that the select
board may, at its discretion, cancel the fall annual town meeting
not later than September 15 in any year, so long as no more than 5
citizen petitioned articles submitted pursuant to section 4 of this
charter for inclusion on the warrant at the fall annual town meeting
and notice of the select board's action with regard to such meeting
shall be posted on the town website and principal bulletin board.
The select board's decision as to whether to hold an annual fall
town meeting shall not prohibit the select board from calling for
a special town meeting, from time to time, at its discretion.
2-3-2
(a)
In addition to any notice required by the General Laws, the select board shall: (i) post the town meeting warrant at the locations listed in subsection (b), town hall and at least 1 location in each precinct and (ii) make available sufficient copies of the warrant at the town meeting for all registered voters in attendance.
(b)
The select board shall, at least 1 week prior to the meeting, post
the warrant for the town meeting on the town website and make the
same available at town hall, and as required by general by-law or
select board policy, at town facilities and other common locations
throughout the town; provided, however, that failure to timely post
the warrant on the website or to make such copies available no later
than 1 week prior to the date of the town meeting shall not invalidate
or otherwise affect the legality or validity of the actions taken
at the town meeting.
2-4-1
Any 10 registered voters of the town may secure, by written petition
to the select board, the inclusion of an article for the warrant of
any duly scheduled annual town meeting and not less 100 registered
voters may secure the same for any duly scheduled special town meeting.
2-4-2
The select board may provide a pre-petition process whereby petitioners
may seek review of proposed petitions prior to submission.
2-5-1
The town meeting shall establish by general by-law a quorum requirement
for the opening of its business, but a smaller number than the established
quorum may adjourn immediately any meeting to a stated date, time
and place as recommended by the select board; provided, however, that
in the event of a state of emergency declared by the governor to protect
the public health or safety, the quorum may be reduced in the manner
set forth in section 7 of chapter 92 of the acts of 2020.
2-6-1
A moderator, who shall be a registered voter of the town, shall be elected for a 3-year term as provided in section 2-11-1. The moderator shall preside over all sessions of the town meeting. The moderator shall regulate the proceedings, decide questions of order and make public declarations of all votes. The moderator shall have all of the powers and duties given to moderators pursuant to the Constitution of the Commonwealth and the General Laws and such additional powers and duties as may be authorized by the charter, by-law or other town meeting vote.
2-6-2
The moderator shall appoint a deputy moderator for a 1-year term
who shall serve as moderator, if the moderator is absent or has a
conflict.
2-6-3
If the office of moderator becomes vacant, the select board shall
appoint a registered voter of the town as acting moderator. The acting
moderator shall not be an elected town officer and shall serve as
acting moderator until the next scheduled election of town officers.
2-7-1
Unless otherwise provided by general by-law, rules of procedure for
the town meeting shall be in accordance with "Town Meeting Time: A
Handbook of Parliamentary Law" published by the Massachusetts Moderators
Association.
2-8-1
The town clerk shall serve as the clerk of the town meeting. If the
town clerk is absent, the assistant town clerk shall serve as town
clerk regardless of whether such assistant is a resident or registered
voter of the town.
2-9-1
A journal of the proceedings of the town meeting shall be kept as
a permanent record in the town clerk's office and the journal
shall be a public record.
2-10-1
The annual election for the election of officers and such matters
as are by law determined by ballot shall be held on the third Tuesday
in May. If the annual election for the election of officers and such
matters as are by law determined by ballot falls less than 2 weeks
after the scheduled beginning of the spring annual town meeting, then
the annual election shall be held on the fourth Tuesday in May; provided,
however, that the select board may delay the date of the annual election
to another date in the same fiscal year if the governor has declared
a state of emergency to protect the public health or safety. If the
governor has declared a state of emergency to protect the public health
or safety, then the annual election shall be held on the fourth Tuesday
in May or any other Tuesday in May or June as determined by the select
board after consultation with the town clerk.
2-11-1
The registered voters of the town of Brewster shall, in accordance
with any applicable laws, general by-laws, votes of the town or intergovernmental
agreement, elect the following position; provided, however, that members
of multiple-member bodies shall be elected for overlapping terms:
(a)
moderator for a 3-year term;
(b)
select board of 5 members, each for a 3-year term;
(c)
school committee of 5 members, each for a 3-year term;
(d)
representatives to the Nauset Regional School District school committee,
as the regional school agreement shall provide;
(e)
board of health of 5 members, each for a 3-year term;
(f)
planning board of 7 members, each for a 4-year term;
(g)
recreation commission of 5 members, each for a 3-year term;
(h)
historic district committee of 5 members, of which 4 members shall
be elected and 1 member shall be appointed by the select board, each
for a 3- year term;
(i)
housing authority of 5 members, of which 3 members shall be elected
and 2 members shall be appointed in accordance with the General Laws;
and
(j)
constable for a 3-year term; provided, however, that the authority
of the elected constable in the town of Brewster shall be limited
to the posting of the warrant for a town meeting or town election;
provided further, that the person holding such position shall conform
to any reasonable regulations concerning such responsibilities as
may, from time to time, be proposed by the chief of police and approved
by the select board.
2-12-1
Recall of Elected Officers
Any holder of an elected office in the town may be recalled
from that office by the registered voters of the town as hereinafter
provided, for reasons including, but not limited to, neglect of duties,
malfeasance, misconduct or inability to perform official duties; provided,
however, that the question of whether the reasons stated for recall
justify recall of a particular officer shall be determined solely
by the voters.
(a)
Initiation of petition; submission; certification
Any 25 registered voters of the town of Brewster may initiate
a recall petition by filing with the town clerk an affidavit containing
the name of the officer sought to be recalled, a statement of the
grounds for recall and specifying the lead petitioner. The town clerk
shall thereupon make available to the lead petitioner copies of petition
blanks demanding such recall, printed copies of which the town clerk
shall keep available. The blanks shall be issued by the town clerk
under the town seal, and be dated and addressed to the select board.
The blanks shall contain the names of all the persons to whom they
are issued, the name of the person whose recall is sought and the
grounds for such recall as stated in the affidavit and shall demand
the election of a successor to such office. A copy of the petition
shall be entered in a record book to be kept in the office of the
town clerk. The recall petition shall be returned and filed with the
town clerk within 20 days after notification by the town clerk to
the lead petitioner that the recall petitions are available and shall
have been signed by at least 12 percent of the registered voters of
the town as of the last regular municipal election, who shall add
to their signatures the street and number, if any, of their residence.
The town clerk shall within 1 working day of receipt submit the petition
to the registrars of voters in the town and the registrars shall,
within 5 working days, certify thereon the number of signatures which
are names of registered voters of the town.
(b)
Delivery to officer, order of recall proceedings
If the petition shall be found and certified by the town clerk
and board of registrars to be sufficient, the town clerk shall submit
the petition with the town clerk's certificate to the select
board within 3 working days and the select board shall forthwith give
written notice of the receipt of the certificate to the officer sought
to be recalled. If the officer does not resign within 5 days thereafter,
the select board shall order an election to be held on a date fixed
by it which shall be not less than 65 and not more than 90 days after
the date of the town clerk's certificate that a sufficient petition
has been filed; provided, however, that if any other town election
is to occur within 100 days after the date of certification, the select
board shall postpone submission of the question of recall to the date
of such other election. No person shall be subject to recall if their
term of office expires within 90 days of the certification. If a vacancy
occurs in the office after a recall election has been ordered, the
election shall nevertheless proceed as provided in this section.
(c)
Conduct of recall
An officer sought to be recalled may be a candidate to succeed
themself and, unless the officer requests otherwise in writing, the
town clerk shall place the officer's name on the ballot without
nomination. The nomination of other candidates, the publication of
the warrant for the recall election and the conduct of the recall
election shall all be in accordance with the provisions of law relating
to elections.
(d)
Action upon completion of recall
The incumbent shall continue to perform the duties of the office
until the question of recall has been acted upon by the voters. If
then re-elected, the officer shall continue in office for the remainder
of their unexpired term subject to recall as before, except as provided
in this charter. If not re-elected, the officer shall be deemed removed
and the successor shall serve the remainder of the unexpired term;
provided, however, that if the successor fails to qualify within 10
days after receiving notification of election, the office shall be
deemed vacant.
(e)
Ballots to be used
(1)
Ballots used for recall shall submit the following propositions
in the order indicated:
For the recall of (name and title of officer).
Against the recall of (name and title of officer).
(2)
Under the propositions shall appear the word "Candidates", the
directions to the voters required by section 42 of chapter 54 of the
General Laws and, beneath the directions, the names of candidates
nominated in accordance with the laws relating to elections. If a
majority of the votes cast upon the question of recall is in the affirmative,
then the candidate receiving the highest number of votes shall be
declared elected. If a majority of the votes on the question of recall
is in the negative, then the ballots for candidates shall not be counted.
(f)
Time limits on filing of petitions
No recall petition shall be filed against an officer within
90 days after taking office, nor, in the case of an officer subjected
to a recall election and not recalled thereby, until at least 6 months
after the election at which their recall was submitted to the voters
of the town.
(g)
Limits on appointments after filing of recall petition
No person who has been recalled from an office or who has resigned
from office following the filing of a recall petition shall be appointed
to any town office within 2 years after such recall or such resignation.
