[HISTORY: Adopted by the Town Meeting of the Town of Merrimac as Art. I, Secs. 1.1 to 1.7, 1.9, and 1.10, of the 2016 General Bylaws. Amendments noted where applicable.]
[Amended 5-1-2006 ATM]
The Annual Town Meeting, except that part dealing with the election of officers, shall be held each year on the last Monday in April at 7:30 p.m.. That part of the Annual Town Meeting devoted to the election of the Moderator and other Town officers, and action on such others matters as are required by law and appear on the official ballot, shall be held on the first Monday in May each year.
[Added 4-26-2021 ATM by Art. 17]
Town Meetings may be held outside the geographic limits of the Town; provided, however, that any meeting for the election by ballot of federal, state or other officers or the determination of other matters that are to be determined by ballot at an election shall be held within the geographic limits of the Town.
A. 
Town Meetings on dates certain. Those registered voters of the Town who are present at 7:30 p.m. on the following dates shall constitute the quorum to conduct Town Meetings otherwise posted as provided by state law: the last Monday of April, the second or third Monday of May or the third Monday of October. Sessions of Town Meetings must adjourn for lack of a quorum at 10:00 p.m. or at the conclusion of action on any main motion on the article being considered, unless 100 registered voters remain present.
B. 
Town Meeting to act on regional school assessment. Sessions of Town Meeting conducted to act on a regional school assessment submitted pursuant to MGL c. 71, § 16B, shall proceed under the quorum and time provisions of Subsection A. No other article may be considered as part of such session. The date of such sessions shall be set either by motion of the Town Meeting or by warrant for a Special Town Meeting.
[Amended 4-30-2012 ATM]
C. 
Town Meetings on other dates. Except as provided in Subsections A and B, 150 voters of the Town of Merrimac must be present to open Annual Town Meetings and all Special Town Meetings should a warrant be posted as provided by state law. Sessions of Town Meeting conducted under this Subsection C must be scheduled for 7:30 p.m. and must adjourn for lack of quorum at 10:00 p.m. or at the conclusion of action on any main motion on the article considered unless 100 registered voters remain present. Resumption of Town Meeting conducted under Subsection C after adjournment shall be no less than seven days later, at 7:30 p.m. Sessions of Town Meeting conducted under this Subsection C shall not resume unless 100 registered voters are present.
[Amended 10-22-2007 STM; 4-30-2012 ATM]
Notice of every Annual and Special Town Meeting shall be given by posting an attested-to copy of the same in at least three public places in the Town not less than seven days before the day appointed for an Annual Town Meeting and not less than 14 days before the day appointed for a Special Town Meeting. All articles submitted to the Select Board for consideration to be placed on the warrant for the Annual Town Meeting must be presented at least 45 days before the date of the Annual Town Meeting. This bylaw also applies to all articles by petition.
All motions submitted for consideration of the Town Meeting, involving the expenditure of money, shall be in writing; and any other motion shall be submitted in writing when requested by the Moderator or by any voter present.
[Amended 10-21-2019 STM by Art. 9]
Without otherwise limiting the discretion of the Moderator pursuant to the provisions of Massachusetts General Laws and of this bylaw, the Moderator shall follow the guidance of Town Meeting Time and not other procedural handbooks. In the event of a conflict between Town Meeting Time and this bylaw, the provisions of the bylaw shall prevail.
[Added 10-21-2019 STM by Art. 9]
A vote on any question shall in the first instance be taken in the manner in which the Moderator directs. If a two-thirds vote of a Town meeting is required by statute, a count need not be taken, except as providing in the following sentence. If a vote declared by the Moderator but not counted by the tellers is immediately questioned by seven or more voters, the Moderator shall call for another vote by show of hands or in a standing vote, in either case counted by the tellers, or by ballot.
[Added 10-21-2019 STM by Art. 9]
No vote of the meeting shall be reconsidered except by a two-thirds vote, and only if the person moving the same shall have made a declaration of their` intent to do so within an hour after the vote to be reconsidered. Furthermore, no vote of the meeting shall be reconsidered at a future session of the same meeting unless notice is given of the intent to move for reconsideration prior to the adjournment of the session. When a motion for reconsideration is decided, that decision shall not be reconsidered and no question shall be reconsidered more than once. No vote shall ever be reconsidered on a motion to adjourn, to lay on the table, or for the previous question.
The polls are to be opened for voting at Annual Town Election no later than 10:00 a.m. and are to remain open until 8:00 p.m.
[Amended 10-21-1998 STM]
The Town accepts the provisions of MGL c. 40, § 8G, to allow the Merrimac Police Department to engage in agreements for mutual aid with other state and municipal agencies including TASK Force Units.
[Added 5-1-2006 ATM by Arts. 24 and 24A[1]]
A. 
Any holder of an elective office in the Town of Merrimac may be recalled by the registered voters of the Town as herein provided, for reason of lack of fitness, incompetence, neglect of duties, corruption, malfeasance, misfeasance or violation of oath.
B. 
Four hundred registered voters of the Town may file an affidavit with the Town Clerk, containing the name of the officer sought to be recalled and a statement of the grounds for recall. The Town Clerk shall thereupon deliver to the voters copies of printed form petition blanks addressed to the Select Board, demanding the recall. The blanks shall be issued under the signature and Official Seal of the Town Clerk. The blanks shall be dated and shall contain the names of all persons to whom they are issued, the name of the person whose recall is sought, and the grounds of recall as stated in the affidavit. In addition, the petitions shall demand the election of a successor to the 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 30 days after the filing of the affidavit, with signatures, names and street addresses of at least 20% of the registered voters of the Town. Within five working days of receipt, the Town Clerk shall submit the petition to the Registrars of Voters in the Town, and the Registrars shall forthwith certify thereon the number of signatures which are names of registered voters of the Town.
C. 
If the petition shall be certified by the Registrars of Voters to contain at least 20% of the qualified registered voters and if the petition shall be found by the Town Clerk to be sufficient, the Town Clerk shall submit the petition with the Registrars' certificate to the Select Board without delay. The Select Board shall forthwith give written notice of this receipt of the certificate to the officer sought to be recalled. If the officer does not resign within five calendar days after delivery of the notice, the Select Board shall forthwith order an election to be held on a date fixed by it, not less than 64 days or more than 90 days thereafter. If any other Town election is scheduled to occur within 100 days after the date of the certificate, the Select Board shall postpone the holding of the recall election to the date of such other election. If a vacancy occurs in the office after a recall election has been ordered, the election shall nevertheless proceed as provided in this act.
D. 
An officer sought to be removed may be a candidate to succeed themselves in an election to be held to fill the vacancy, 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 removal election, and the conduct of the same shall be in accordance with the law relating to elections, unless otherwise provided in this section.
E. 
The incumbent shall continue to perform the duties of their office until the recall election. If the incumbent is not removed, they shall continue in office for the remainder of their unexpired term, subject to recall as before, except as provided in this act. If not re-elected in the recall election, they shall be considered removed upon the qualification of a successor, who shall hold office during the unexpired term. If the successor fails to qualify within five days after receiving notification of election, the incumbent shall be deemed removed and the office vacant.
F. 
Form of ballot.
(1) 
Ballots used in a recall election shall contain the following propositions in order indicated:
(a) 
For the recall of (name of officer) [ ].
(b) 
Against the recall of (name of officer) [ ].
(2) 
Immediately at the right of each proposition, there shall be a designated place for voters to vote for either of the propositions. Under the proposition shall appear the words "Candidates"; the directions to voters required by MGL c. 54, § 42; and beneath this, the names of the candidates nominated as hereinbefore provided. If a majority of votes on the question is against the recall, the ballots for candidates need not be counted or any action taken relative to the ballots. If a majority of the votes cast upon the question of recall is in favor of the recall, the officer shall be recalled and the ballots for candidates shall be counted. The candidate receiving the highest number of votes shall be declared elected.
G. 
A recall petition shall not be filed against an officer within three months after they take office or, in the case of an officer subjected to a recall election and not recalled thereby, until at least three months have elapsed after the election at which the recall was submitted to the voters of the Town.
H. 
A person who has been recalled from an office or who has resigned from office while recall proceedings were pending against them shall not be appointed to any Town office within two years after the recall or resignation.
[1]
Editor's Note: This section was also added under enactment of Chapter 129 of the Acts and Resolves of 2007 by the Massachusetts General Court.
[Added 4-29-2024 ATM by Art. 22]
No multiple-member body of the Town shall conduct a meeting during the election hours of a municipal or state election that is occurring within the Town. For the purpose of this section, election hours of a municipal or state election shall include only the hours in which live voting is taking place on election day and shall not count early voting prior to election day.