[Amended Acts of 2007, Ch. 157, approved 11-13-2007]
The legislative body of the town shall be a representative town meeting who shall be elected to meet, deliberate, act and vote in the exercise of the corporate powers of the town. Its membership shall in each precinct consist of the largest numbers divisible by three which will admit of a representation thereof in the approximate proportion which the number of inhabitants therein bears to the total number of inhabitants in the town, and which will cause the total elected membership not to exceed one hundred eighty, but which will not exceed eighteen representatives per precinct. Members shall be elected for terms of three years each, so arranged that the terms of one-third of the members shall expire each year.
[Amended Acts of 2007, Ch. 157, approved 11-13-2007; Acts of 2012, Ch. 62, approved 3-23-2012; Acts of 2020, Ch. 164, approved 8-25-2020]
The select board shall divide the town into convenient voting precincts so established as to consist of as nearly equal number of inhabitants as possible, in compact and contiguous territory, bounded insofar as possible by the center line of known streets and ways or by other well-defined limits.
The boundaries of the precincts shall be reviewed and wholly or partially revised by the select board (a) at least once every ten years, to coincide with the publication of new state decennial census statistics, (b) whenever it is directed to do so by vote of the town meeting, and (c) whenever it is apparent from the street list, census data or other official information that the number of inhabitants in any one precinct varies by ten percent or more from the total number of inhabitants of the town divided by the number of precincts.
The select board shall, within twenty days after any revision of precincts, but not later than January twentieth of the succeeding year, file a report of its doings with the town clerk and the assessors with a map or maps or description of the precincts and the names and addresses of the voters therein. The board shall cause to be posted in at least one public place in each precinct a map or description of that precinct with the names and addresses of the voters therein. Whenever the precincts are revised, the town clerk shall forthwith give written notice thereof to the state secretary, stating the number and designation of such precincts.
The number of voting precincts shall be determined such that each precinct shall average not less than two thousand five hundred residents and not more than four thousand residents.
(a) 
Eligibility. Any voter shall be eligible to be a candidate, to be elected, and to serve as a town meeting member.
(b) 
Nomination Procedures. Nomination of candidates for town meeting member shall be made by nomination papers signed by not less than ten voters of the precinct in which the candidate resides and from which the candidate seeks election. Nomination papers shall be filed with the town clerk at least thirty-five days preceding the date of the town election. Every nomination paper shall be submitted to the registrars of voters for certification of names thereon on or before five o'clock in the afternoon of the fourteenth day preceding the day on which it shall be filed with the town clerk. The written acceptance of the candidate shall be on or attached to the nomination papers when filed in order for it to be valid.
[Amended 10-19-2023 ATM by Art. 23]
(c) 
Candidates for Re-election. Elected incumbent town meeting members may seek re-election within their current precincts by notifying the Town Clerk's office of their intent to do so by using the appropriate forms supplied by the Town Clerk.
[Added 10-16-2017 by ATM, Art. 24; amended 10-18-2021 STM by Art. 18, ratified 4-5-2022]
The voters in every precinct shall, at the first annual town election held following any precinct revision that affects them, elect by ballot the number of voters of the precinct prescribed in this part to be town meeting members. The first third in order of votes received shall serve for three years; the second third of such order shall serve for two years and the remaining third in such order shall serve for one year from the date of the annual town election. In case of a tie vote affecting the division into thirds, the members elected from the precinct shall determine the same by ballot. Thereafter, except as otherwise provided therein, at each annual election the voters of each precinct shall, in like manner, elect for three-year terms one-third of the number of town meeting members to which each precinct is entitled and shall fill for the unexpired terms any such vacancies then existing.
In the event of a tie vote for the office of town meeting member the town clerk shall, within seven days following the election, notify elected town meeting members within that precinct of the vacancy Under the supervision of the town clerk, any such tie shall be broken by ballots cast by the elected town meeting members participating.
[Amended 10-18-2021 STM by Art. 19, ratified 4-5-2022]
(a) 
Resignation. A town meeting member may resign by filing a written resignation with the town clerk; absent a date certain, such resignation shall take effect upon the date of such filing.
[Amended by Acts of 2018, Ch. 76, approved 4-12-2018]
(b) 
Moving from Town or Precinct. A town meeting member who moves from the town shall forthwith cease to be a town meeting member. A town meeting member who moves from one precinct to another, or who is so removed by a revision of precinct lines, may continue to serve as a town meeting member from the precinct from which the member was elected until the next annual town election at which the remainder of the member's term, if any, shall be filled by ballot. Any person so removed from office may be elected at the same election as a town meeting member from the precinct to which the member has moved.
[Amended by Acts of 2018, Ch. 76, approved 4-12-2018]
(c) 
Forfeiture of Office. If any person elected as a town meeting member shall fail to take the oath of office within thirty days following the election of such person, or shall fail to attend more than one-half of the sessions of the town meeting held in a calendar year, the member shall be deemed to have resigned and the member's place shall be declared vacant. Any such vacancy shall be filled as provided in section 2-5(d).
Any town meeting member who shall fail to attend more than one-half of the sessions of the town meeting held in a calendar year, may appeal the declaration of vacancy by requesting a hearing on removal. A request for hearing shall be in writing and shall be filed with the Town Clerk on or before January 15th of the following calendar year. A hearing shall be held before a committee consisting of the Town Clerk, Town Moderator and Town Counsel to be held no later than January 25th of said year. Upon the showing of good cause by the member, the committee may excuse one or more absences and may rescind the Declaration of Vacancy provided the Town meeting member has attended at least one-half of the unexcused sessions of the Town Meeting during said calendar year.
[Added 4-26-1993 ATM by Art. 11, ratified 4-5-1994]
(d) 
Filling vacancies. Any vacancy in the full number of town meeting members from any precinct shall be filled by the person receiving the highest number of votes among the defeated candidates at the last election. In order to be eligible to fill a vacancy, a write-in candidate shall have received at least ten (10) votes in the most recent election. In the absence of such candidate, the vacancy shall be filled until the next annual town election by the remaining town meeting members from the precinct, from among the voters in said precinct.
[Amended 5-8-1995 ATM by Art. 17, ratified 4-2-1996; 10-16-2017 by ATM, Art. 25; 10-18-2021 STM by Art. 20, ratified 4-5-2022]
All sessions of the town meeting shall be presided over by a town moderator, elected as provided in Part III. The town moderator shall regulate the proceedings, decide questions of order, and make public declarations of all votes. The town moderator shall perform such other functions as may be authorized by the charter, bylaw or other town meeting vote.
The town clerk or the designee of the town clerk shall serve as the clerk of the town meeting. The clerk shall give notice of all town meetings to the members and to the public, keep the journal of their proceedings, cause the publication of town meeting attendance and perform such other functions as may be provided by the charter, bylaw or other town meeting vote.
(a) 
Residents. Any resident of the town who is not an elected town meeting member may attend sessions of the town meeting but may not vote. However, subject to such rules as may be from time to time adopted, any resident may participate in proceedings.
(b) 
Representatives of Town Agencies. Each town agency shall designate a representative to attend all sessions of the representative town meeting for the purpose of providing town meeting members with information pertinent to warrant articles concerning such agencies.
The representative town meeting shall be vested with all the powers of the town, except as otherwise provided by the laws of the commonwealth or the charter. The representative 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) 
Initiation. Except procedural matters, all subjects to be acted upon by town meeting shall be placed on warrants issued by the select board. The select board shall receive all petitions which are addressed to it and which request the submission of a particular subject matter to the representative town meeting and which are filed by: (a) any elected town officer including a member of a multiple member body; (b) any appointed multiple member body acting by a majority of its members; (c) any ten voters; and (d) any other person, persons or town agency as may be authorized by bylaw. All such requests for the inclusion of subjects shall be in writing, but they shall not be required to conform to any particular style or form, except that each request for a particular subject shall be submitted as a separate petition.
[Amended by Acts of 2020, Ch. 164, approved 8-25-2020]
(b) 
Publication. Publication and distribution of the warrant shall be determined by bylaw.
(a) 
Time of Meeting. The representative town meeting shall meet at least twice each calendar year. These two meetings shall constitute the Annual Town Meeting of the Town and shall be held in two sessions to be known as the Spring Annual Town Meeting and the Fall Annual Town Meeting. Each session of the Annual Town Meeting shall be called by separate warrant. The Spring Annual Town Meeting shall be held in April on a date fixed by by-law and shall include the election of town officers and other matters to be determined by ballots and is expected to be primarily concerned with the determination of matters involving the expenditure and commitment of town funds, including but not limited to the adoption of an annual operating budget for all town agencies.
[Amended 1-7-1991 STM by Art. 8, ratified 4-2-1991; Acts of 2020, Ch. 164, approved 8-25-2020]
The Fall Annual Town Meeting shall be held in October on a date fixed by by-law and shall be deemed to have all the powers of an Annual Town Meeting except that it shall not be construed to include the time for the election of town officers and other matters to be determined by ballot. The select board shall insert in the warrants for both sessions of the Annual Town meeting all subjects the insertion of which shall be requested of them in writing by ten or more registered voters of the Town, in the manner provided under the laws of the Commonwealth.
The select board may, in any manner provided under the laws of the Commonwealth or the charter, for the purpose of acting upon the legislative business of the town in an orderly and expeditious manner, call the Town Meeting into session at other times by the issuance of warrants therefor.
(b) 
Quorum. A majority of town meeting members shall constitute a quorum for the transaction of all business to come before the representative town meeting, but a smaller number may adjourn from time to time.
[Amended Acts of 2007, Ch. 157, approved 11-13-2007]
(c) 
Duty of Town Meeting Member. It shall be the duty of town meeting members to stay informed of town business and review materials made available to members by the select board and the town manager. It is expected that town meeting members will attend or view selected meetings of multiple member bodies, attend or view hearings held by the finance committee and actively prepare for each session of the town meeting.
[Amended by Acts of 2018, Ch. 76, approved 4-12-2018; Acts of 2020, Ch. 164, approved 8-25-2020]
(d) 
Establishment of Committees. The representative town meeting may, by vote or by-law, establish committees for the review of warrant articles, consideration and study of any subjects of concern to the town meeting, and the discussion of town business. The representative town meeting members in any precinct may organize, meet, and confer on town business, subject to provisions of the open meeting law.[1]
[Amended by Acts of 2018, Ch. 76, approved 4-12-2018]
[1]
Editor's Note: See MGL c. 39, § 23B.
(e) 
Meetings of Town Boards, Committees and Commissions. No multiple member body of the town shall schedule a meeting to be held during the time the town meeting is in session for the transaction of business.
[Amended 5-2-1997 ATM by Art. 27, ratified 4-7-1998]
(a) 
Effective Date of Final Votes. No final affirmative vote of a town meeting on any warrant article, except a vote to adjourn or dissolve, or votes appropriating money for the payment of notes or bonds of the town and interest thereon becoming due within the then current fiscal year, or votes for the temporary borrowing of money in anticipation of revenue, or a vote declared by preamble by a two-thirds vote of the town meeting to be an emergency measure necessary for the immediate preservation of the peace, health, safety or convenience of the town, shall be operative until after the expiration of seven days, exclusive of Sundays and holidays, from the dissolution of the town meeting. If a referendum petition is not filed within the said seven days, the vote of the town meeting shall become operative.
(b) 
Referendum Petition. If, within said seven days a petition signed by not less than five percent 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 requesting that any question, not yet operative as defined in (a) above, be submitted to the voters of the town at large, then the operation of such vote shall be further suspended pending its determination as provided below. The select board shall, within five days after the filing of such a petition, call a special election in accordance with state election laws, for the purpose of presenting to the voters at large the question or questions so involved. If, however, a regular or special election is to be held not more than thirty days following the date the petition is filed, the select board may provide that any such questions be presented to the voters at the same election.
[Amended by Acts of 2020, Ch. 164, approved 8-25-2020]
(c) 
Referendum Election. The polls shall be opened no later than two o'clock in the afternoon and shall be closed not earlier than eight o'clock in the evening, and all votes upon the question or questions so submitted shall be taken by ballot, and the conduct of such election shall be in accordance with the provisions of state law relating to elections. The questions so submitted shall be determined by a majority vote of the voters voting thereon, but no action of the representative town meeting shall be reversed unless at least fifteen percent of the registered voters vote on the question.(d) Format of Questions. 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 (brief description of the substance of the vote and by what vote thereon if such vote was tabulated)?"