Town of Andover, MA
Essex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
GENERAL REFERENCES
Voter's card fee — See Art. XI, § 6(25).
[Amended 4-16-1997 ATM, Art. 54]
The Annual Town Meeting for the election of town officers and for other purposes shall be held on the fourth Tuesday of March in each year at such place or places within the town as the Selectmen may designate in their notice thereof.
Special Town Meetings may be held at such times and at such places as the Selectmen may designate.
Any Town Meeting may be adjourned from time to time and to any place within the town.
[Amended 4-26-2004 ATM, Art. 15]
The warrant for all Town Meetings shall be directed to either of the Constables of the Town, and notice of all meetings shall be given by posting attested copies of the warrant in the Town Offices and in such other public places as the Board of Selectmen may designate. The warrant, with titles of the warrant articles only, shall be advertised by publication in at least one newspaper of general circulation within the Town, at least 14 days before the day of the meeting. The entire warrant shall be posted on the Town's website, will be available in the Town Clerk's office and the Memorial Hall Library and shall be included in the Finance Committee Report sent to each household in accordance with Article III, Paragraph 3(a), of the General Bylaws.
The warrant for the Annual Town Meeting shall be open for the insertion of warrant articles for a period of not less than 35 consecutive calendar days.
[1]
Editor's Note: Former Art. II, § 3, Quorum, was repealed 4-12-1993 ATM, Art. 39.
The Town Manager shall annually, at least seven days before the date fixed for the Annual Meeting, cause to be made available to the registered voters of the town an Annual Report, which shall contain a detailed report of all moneys received into and paid out of the town treasury during the preceding fiscal year, which report shall be examined and approved by the Accountant before it is printed. He shall also publish in said report such information and recommendations relating to town finances as he or the Board of Selectmen may deem proper. Reports of the Treasurer and Collector and reports of such other town officers, boards, committees and departments as may be directed by the Town Manager or by the Board of Selectmen shall be included in the Annual Report.
A summary of the Annual Report required by Article II, § 4, of these By-Laws shall be prepared by the Town Manager who shall cause it to be printed and one copy delivered to each household in the town at least 10 days before the Annual Town Meeting. The summary shall be in such form as determined by the Town Manager so as to reflect accurately and substantively the affairs of the town for the preceding year, including statements of debt, surplus revenue and free cash, expenditures by item and Article as voted by the Town Meeting(s) and such other financial statements as may be appropriate and informative. The Summary Report may be included as part of the Finance Committee Report required by Article III, § 3(a), of these By-Laws.
After a motion on an Article in the town warrant has been made and seconded (but in no event after a final vote has been taken on such motion), a motion that the Article be voted on by secret ballot shall be in order. Motions for a secret ballot, if seconded, shall be put to a standing vote; and, if such motion is approved by 25% or more of those so voting, ballots approved by the Moderator as to form shall be used in voting upon the particular article. A reasonable number of ballots for the above purpose shall be in the possession of the Moderator prior to the call to order of any Annual or Special Town Meeting.
[Added 4-28-1998 ATM, Art. 40]
On matters requiring a two-thirds vote by statute, a count need not be taken unless the vote so declared is immediately questioned by seven or more voters as provided in General Laws Chapter 39, Section 15. Before considering another warrant article the Moderator shall ask if the two-thirds vote is questioned.
(a) 
General public. Persons who are not registered voters of the town may request admission to any Annual or Special Town Meeting by submitting their names and addresses (or that of the person in charge, if the Moderator deems an interested group too large for such enumeration) to the Moderator who shall read such names to the meeting. Such persons shall be admitted to the meeting if, by majority vote of those present, the meeting approves their admission. The Moderator shall set apart a space of reasonable size within the place of assembly where all such persons shall sit.
(b) 
Representatives of the press. At any Town Meeting, the Moderator shall set apart a space of reasonable size within the place of assembly and shall admit thereto such persons as have demonstrated to his satisfaction are accredited representatives of the press, whether or not they be registered voters of the town.
[Amended 4-6-1988 ATM, Art. 60; 4-12-1988 ATM, Art. 84]
No Annual or Special Town Meeting shall be dissolved until all of the Articles contained in the warrant for such meeting shall have been acted upon thereat.
Any person having a monetary or equitable interest in any matter under discussion at any Town Meeting and any person employed by another having such an interest shall disclose the fact of his interest or employment before speaking thereon.
Failure of the Finance Committee to prepare and mail its report as required in Article III, § 3(a), of the By-Laws and the failure of the Town Manager to complete his budget by the time stated in Article IV, § 6, of the By-Laws, shall not invalidate action taken at a Town Meeting.
[Added 5-1-2000 ATM, Art. 61]
The Town Meeting may vote under a single Article in the warrant to accept streets as public ways. Such Article shall be submitted by the Board of Selectmen and shall contain a listing of the names, locations and descriptions of all streets to be laid out by the Selectmen at a meeting held for that purpose pursuant to statute prior to the Town Meeting. The Town Meeting may vote to remove or reject any street or streets from the Article by amendment prior to the vote on the entire Article. The representative of the owner of any street listed in the Article shall be present at the Town Meeting for purposes of addressing the question should the need arise.
[Added 4-24-2001 ATM, Art. 34]
Any Special or Annual Town Meeting may be held in a municipality bordering Andover upon a vote of the Board of Selectmen; 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.
[Added 12-5-2011 STM, Art. 1]
All petitions to call a Special Town Meeting or to insert a subject in the Warrant for any Annual or Special Town Meeting shall be submitted on a form meeting the following requirements:
(a) 
The subject to be inserted in the Warrant shall be prepared by the petitioner(s) and shall appear on the front page of each petition. If space is insufficient the text shall begin on the front page of each petition and be continued on additional pages to be attached to each petition before signatures are gathered.
(b) 
Each petition shall include boxes for the gathering of signatures, with residence, street and number, of registered voters of the Town of Andover on the front and/or the back of the petition. Separate signature pages shall not be accepted for filing, nor shall they be stapled or otherwise attached to a petition. All signatures submitted for certification must appear on the petition with the text of the subject to be inserted in the Warrant. The petitioner(s) may submit as many petitions as necessary to meet the required number of signatures.
(c) 
The Town Clerk shall prepare and make available to the public petition forms meeting the minimum requirements of this bylaw.