[HISTORY: Adopted by the Annual Town Meeting
of the Town of Chelmsford 10-15-1990 by Art. 19. Amendments noted where applicable.]
The annual election shall be held on the first
Tuesday of April.
A.
Submission deadline. All warrant articles shall be
in the hands of the Select Board no later than the first Monday in
January for the Town Meeting to be held in April and the first Monday
in August for the Town Meeting to be held in October. The Select Board
may waive this requirement if deemed in the best interest of the Town
or as required by statute.
[Amended 6-17-2021 ATM by Art. 29]
B.
Publication. The warrant article shall be included
in the Finance Committee report which shall be made available to Town
Meeting members and the public not less than one week before either
Town Meeting. The warrant articles for any Special Town Meeting shall
be made available to the Town Meeting members not less than 14 days
before the Special Town Meeting.
[Amended 10-21-1999 ATM by Art. 24]
A.
The Representative Annual Town Meetings shall be held
on the last Monday in April and on the third Monday in October in
each year. Adjourned sessions of any Town Meeting shall be scheduled
for only a Monday or Thursday, unless an alternate date is approved
by a two-thirds vote of the Town Meeting representatives present and
voting. The April Town Meeting 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 10-21-1991 ATM by Art. 3]
B.
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 Representative Town Meeting into session at other
times by the issuance of warrants therefor.
[Amended 6-17-2021 ATM by Art. 29]
A.
Order of precedence of motions. At all sessions of
Town Meeting, the following motions shall be recognized and shall
have precedence in the order in which they are arranged in this subsection:
|
Order of Precedence of Motions
[Amended 10-24-1996 ATM by Arts.
27, 28 and 29]
| ||||||
|---|---|---|---|---|---|---|
|
Motion
|
Privileged
|
Debatable
|
Can be Amended
|
Can be Reconsidered
|
Vote Required
| |
|
Adjourn (unqualified)
|
Yes
|
No
|
No
|
No
|
Majority
| |
|
Adjourn at or to a certain time
|
Yes
|
Yes
|
Yes
|
No
|
Majority
| |
|
Recess
|
Yes
|
No
|
Yes
|
No
|
Majority
| |
|
Question of privilege, order of information
|
Yes*
|
No
|
No
|
No
|
None
| |
|
Take out of order
|
Yes
|
Yes
|
No
|
No
|
Majority
| |
|
Reconsider
|
Yes
|
Yes
|
No
|
Yes
|
Majority
| |
|
Lay on or take from the table
|
No
|
No
|
No
|
No
|
Majority
| |
|
Previous question
|
No
|
No
|
No
|
No
|
2/3
| |
|
Limit or extend debate
|
No
|
No
|
No
|
Yes
|
2/3
| |
|
Postpone to a certain time
|
No
|
Yes
|
Yes
|
No
|
Majority
| |
|
Commit, recommit or refer
|
No
|
Yes
|
Yes
|
Yes
|
Majority
| |
|
Amend
|
No
|
Yes
|
Once
|
Yes
|
Majority
| |
|
Main motion
|
No
|
Yes
|
Yes
|
Yes
|
Majority
| |
|
NOTES:
*The privileged motions marked by an
asterisk may interrupt the speaker.
|
B.
The above table of motions in order of their precedence
must be included in the Finance Committee report for each of the Annual
Town Meetings.
[Amended 10-21-1999 ATM by Art. 25]
C.
The following listing of common motions, classified
according to their objectives, must be included in the Finance Committee
report for the Annual Town Meetings:
[Amended 10-21-1999 ATM by Art. 25]
|
Common Motions Classified According to
Their Objectives
| |||
|---|---|---|---|
|
To modify or amend
|
(a)
|
Amend
| |
|
(b)
|
Commit or refer
| ||
|
To defer action
|
(a)
|
Postpone to a certain time
| |
|
(b)
|
Lay on the table
| ||
|
(c)
|
Commit or refer
| ||
|
To suppress or limit debate
|
(a)
|
Previous question (to close debate now) (2/3
vote)
| |
|
(b)
|
Limit debate (2/3 vote)
| ||
|
To suppress the question
|
(a)
|
Previous question (2/3 vote) and reject question
| |
|
(b)
|
Lay on the table
| ||
|
To consider a question a second time
|
(a)
|
Take from the table
| |
|
(b)
|
Reconsider
| ||
D.
Reconsideration. A motion at any adjourned Town Meeting
for reconsideration or rescinding of any action taken at a previous
session of the adjourned Town Meeting shall not be entertained or
allowed by the Town Moderator.
A.
Any article appearing in the warrant and considered
at any Town Meeting may be amended and any portion thereof may be
deleted or added to by a vote of the Town Meeting members; provided,
however, that in said notice the words "or act in relation thereto"
or "do anything pertaining thereto" or words of similar import appear
at the end of said article.
B.
An amended amendment cannot be amended, and no motion
or proposition of a subject different from that under consideration
shall be entertained under color of an amendment.
C.
Amendment of bylaws. Town bylaws may be amended or
rescinded by a majority vote of those present and voting at any Town
Meeting, provided that the proposed action was published in the warrant
of that Town Meeting, and further provided that any such amendment
is in compliance with the Charter.
A.
When the report of a committee is placed in the hands
of the Town Moderator it shall be deemed to be received, and a vote
to accept the report shall discharge the committee unless the report
is one of progress and not final, in which case the committee continues
to serve unless the Town Meeting members vote to discharge the same.
B.
All reports, resolutions, motions or amendments submitted
to the Town Meeting for consideration involving the expenditure of
money shall be presented, in writing, to the Town Moderator.
A.
No money shall be transferred at a Special Town Meeting
except by a majority vote of those present and voting.
B.
All motions on articles involving bond or note issues
shall require a two-thirds vote of those present and voting.
C.
Appropriations at Special Town Meetings. No money
shall be appropriated at a Special Town Meeting except by a two-thirds
vote of the voters present and voting.
A.
Attorneys speaking. Any person who is employed as
an attorney by another interested in any matter under discussion at
a Town Meeting shall disclose the fact of his or her employment before
speaking thereof.
B.
Town Counsel. The Select Board shall assure that the
guidance of the Town Counsel is available both to the Town Moderator
and to the body at all Town Meetings whenever practical.
[Amended 6-17-2021 ATM by Art. 29]
[Added 10-21-1991 ATM by Art. 2]
Dates and times proposed for continuance of
the Town Meeting shall be announced when the warrant is posted.
[Added 10-21-1991 ATM by Art. 2]
No warrant article may be introduced for consideration
after 11:00 p.m. without a majority vote of Town Meeting representatives
present and voting to allow such consideration.
[Added 10-21-1991 ATM by Art. 2]
Distribution of material and lobbying on warrant
articles or issues not related to warrant articles being considered
at that Town Meeting will be prohibited within an area of 100 feet
outside the entrance to the building housing the meeting. An area
will be established inside the building but outside the meeting place
where one individual from each group supporting or opposing an issue
may distribute material or discuss the issue. Handout material should
be dated and signed by the organization or individuals preparing the
material.
[Added 10-21-1991 ATM by Art. 2; amended 5-1-1997 ATM by Art.
28; 4-25-2011 ATM by Art. 16]
A.
Voting process. Voice votes shall not be used. The Moderator shall take all votes by a raising of hands or use of an electronic tally and display system, except as may otherwise be voted by Town Meeting under § 154-16.
B.
Electronic
tally and display system. Votes taken by an electronic tally and display
system shall be visible to the Town Meeting members and any members
of the public present at the meeting. The display shall show each
Town Meeting member’s name; precinct; "yes," "no" or "abstain"
vote; and a tally of all votes.
C.
Matters
requiring a two-thirds vote by statute. In matters requiring a two-thirds
vote by statute, the Moderator may declare the vote based upon the
raising of hands. If seven or more members of Town Meeting question
the vote, the Moderator shall count the vote. If an electronic tally
and display system is used, the tally shall constitute a counted vote;
if such a vote is questioned by seven or more members of Town Meeting,
the Moderator shall manually tally the electronically recorded votes.
D.
Record
of votes taken by electronic tally. The Town Clerk shall make available
in the Town Clerk’s office and on the Town’s website within
a reasonable time after a session in which a vote(s) was taken by
the use of an electronic tally and display system a list, organized
by precinct, which shall disclose how each Town Meeting member voted.
E.
Regulations.
After a public hearing, the Moderator, in consultation with the Select
Board and Town Clerk, shall be authorized to adopt regulations for
the purpose of facilitating implementation of this bylaw and ensuring
the security and integrity of the voting process.
[Amended 6-17-2021 ATM by Art. 29]
[Added 10-21-1991 ATM by Art. 2]
A.
When Town property or assets are to be purchased or
sold, the name of the purchaser or seller, if known, must be disclosed
by the sponsor.
B.
The sponsor of any warrant article shall speak initially
to explain the article.
C.
Zoning bylaw presentations by the sponsor must show
a map denoting the existing zoning and the proposed changed zoning,
including definitions of zones and explanations of changes.
D.
All sponsors of bylaw changes must show the language
of the existing bylaw and the language of the change and an explanation
of the change in the presentation.
E.
All recurring operating budget articles regularly
presented at the Spring Annual Town Meeting to defray Town expenses
for the upcoming fiscal year must be presented showing the following:
dollars budgeted and expended for the last two years and for the current
year, proposed budget dollars and the revenue generated by the department
requesting the budget.
F.
Visual aids used in any presentation must be large
enough to be viewed from the back of the hall or handouts shall be
distributed.[1]
[1]
Editor's Note: Former Subsection G, regarding a question and
answer period of the sponsor of an article, which immediately followed,
was repealed 4-24-2017 ATM by Art. 28.
[Added 10-21-1991 ATM by Art. 2; 6-17-2021 ATM by Art. 29]
The Select Board and Finance Committee shall
have an opportunity to state their position on each article and are
encouraged to state their reasons for their position. The Finance
Committee is not required to speak on a nonfinancial article.
[Added 10-21-1991 ATM by Art. 2]
The Moderator may distribute additional rules
of debate or decorum not controverting any bylaw or statute to help
guide debate of issues before the Town Meeting.
[Added 10-21-1991 ATM by Art. 2]
A main motion on any article shall be voted
upon by roll call ballot if 40 Town Meeting representatives so vote
at the end of debate of that main motion and before a motion under
the next article.
[Added 4-28-2003 ATM by Art. 1]
Each session of Town Meeting shall begin with
the recitation of the United States Pledge of Allegiance.
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{END OF CHAPTER}
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