[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]
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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.
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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.
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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.
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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.
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(a)Â
Eligibility. Any voter shall be eligible to be a candidate,
to be elected, and to serve as a town meeting member.
(b)Â
Nomination Procedures. Nomination of candidates for
town meeting member shall be made by nomination papers signed by not
less than twenty-five 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.
(c)Â
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]
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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.
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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)Â
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)Â
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)Â
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).
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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)Â
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]
Representative town meeting members shall serve
without compensation.
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)Â
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)Â
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)Â
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)Â
Publication. Publication and distribution of the warrant
shall be determined by bylaw.
(a)Â
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]
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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.
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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.
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(b)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)?"
