(a)
Individual Petitions, Action Discretionary -- The
town council and the school committee shall receive all petitions
which are addressed to them and signed by a voter and may, in their
discretion, take such action in regard to such petitions as they deem
necessary and appropriate.
(b)
Group Petitions; Action Required -- The town council
or the school committee, as may be, shall hold a public hearing and
act by taking a vote on the merits of every petition which is addressed
to it and which is signed by at least fifty voters. The hearing shall
be held by the town council or the school committee or, in either
case, by a committee or subcommittee thereof, and the action by the
town council or school committee shall be taken not later than three
months after the petition is filed with the town clerk. Hearings on
two or more petitions filed under this section may be held at the
same time and place. The town clerk shall mail notice of the hearing
to the ten petitioners whose names first appear on each petition at
least forty-eight hours before the hearing. Notice by publication,
of all such hearings shall also be made and shall be at public expense.
(a)
Commencement of Proceedings -- Initiative procedures
shall be started by the filing of an initiative petition with the
town clerk. The petition shall be addressed to the town council or
the school committee, shall contain a request for passage of a particular
measure set forth in the petition and shall be signed by not less
than ten percent of the total number of voters.
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Signatures to initiative petitions need not
be all on one paper. All such papers pertaining to any one measure
shall be fastened together and shall be filed in the office of the
town clerk as one instrument, with the endorsement thereon of the
names and addresses of the person designated as filing the same. With
each signature to the petition, shall be stated the place of residence
of the signer, giving the street and number, if any.
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Within five days after the filing of said petition
the registrars of voters shall ascertain by what number of voters
the petition is signed, and what percentage that number is of the
total number of voters and shall attach thereto their certificate
showing the result of such examination.
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The town clerk shall forthwith transmit the
said certificate with the said petition to the town council or to
the school committee, according as the petition is addressed and at
the same time shall send a copy of said certificate to the person
designated on the petition as filing the same.
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When such certificate has been so transmitted,
said petition shall be deemed to be valid unless written objections
are made thereto by a voter within forty-eight hours after such certification
by filing such objections with the town council or the school committee,
and a copy thereof with the registrars of voters.
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(b)
Referral to Town Solicitor -- If the town clerk determines
that a sufficient number of the signers are voters, he shall transmit
a copy of the petition to the town solicitor.
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Within fifteen days after his receipt of the
petition the town solicitor shall advise the town clerk in writing
whether the measure may be proposed by initiative procedures and whether
it may lawfully be passed by the town council or the school committee.
If the opinion of the solicitor is that the measure may not lawfully
be passed in whole or in part he shall state his reason or reasons
therefor in his reply. The town clerk shall forthwith furnish a copy
of the town solicitor's opinion to the person designated on the petition
as filing the same.
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(c)
Initiative petition; requirements for passage and
submission to electorate -- If any initiative petition is signed by
voters equal in number to at least ten per cent of the total number
of voters and in the opinion of the town solicitor such measure may
lawfully be passed in whole or in part by the town council or the
school committee, the town council or the school committee shall,
within twenty days after the date of the certificate of the registrars
to that effect:
1.
Pass said measure without alteration, subject to the
referendum vote provided by this charter, or
2.
The town council shall call a special election to
be held on a date fixed by it not less than thirty nor more than forty-five
days after the date of the certificate hereinbefore mentioned, and
shall submit the proposed measure without alteration to a vote of
the voters at that election; provided, that if any town election is
otherwise to occur within one hundred and twenty days after the date
of said certificate, the town council may, at its discretion, omit
calling the special election and submit the proposed measure to the
voters at such approaching election.
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The ballots used when voting upon a proposed
measure under this section, shall state the nature of the measure
in terms sufficient to show the substance thereof.
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(a)
Referendum petition; effect on final passage -- If
within twenty days after the final passage of any measure, except
a revenue loan order by the town council or by the school committee,
a petition signed by voters equal in number to at least ten per cent
of the total number of voters, and addressed to the town council or
to the school committee, as the case may be, protesting against such
measure or any part thereof taking effect, is filed with the town
clerk, the same shall thereupon and thereby be suspended from taking
effect; and the town council or the school committee, as the case
may be, shall immediately reconsider such measure or part thereof;
and if such measure or part thereof is not entirely rescinded, the
town council shall submit the same, by the method herein provided,
to a vote of the voters either at the next regular town election,
or at a special election which may, in its discretion, be called for
the purpose and such measure or part thereof shall forthwith become
null and void unless a majority of the voters voting on the same at
such election vote in favor thereof.
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The petition described in this section shall be termed a referendum petition and section 8-2(a), shall apply to the procedure in respect thereto, except that the words "measure or part thereof protested against" shall for this purpose be understood or replace "measure" in said section whenever it may occur, and "referendum" shall be understood to replace the word "initiative" in said section.
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The town council may of its own motion and shall,
upon request of the school committee if a measure originates with
that committee and pertains to the affairs under its administration,
submit to a vote of the voters for adoption or rejection at a general
or special town election any proposed measure, or a proposition for
the repeal or amendment of any measure, in the same manner and with
the same force and effect as are hereby provided for submission on
petition.
If two or more proposed measures passed at the
same election contain conflicting provisions, only the one receiving
the greater number of affirmative votes shall take effect.
