Town Meeting

From MMAWiki

Unless otherwise noted, this entire section is adapted from Citizen's Guide to Town Meetings on the Massachusetts Secretary of State website. For more information and possible updates, please access this website using the following link: http://www.sec.state.ma.us/cis/cistwn/twnidx.htm

Town Meeting, the purest form of democratic governing, has been in use for over 300 years. It is a valuable way for participating taxpayers to work with their neighbors to voice their opinions and effectuate change. Each town controls the procedure for running the meeting via its bylaws or charter. Questions regarding your town's specific procedures should be directed to your Town Clerk or Town Meeting Moderator.

A Town Meeting is both an event and an entity. As an event, it is a gathering of a town’s eligible voters, and is referred to as “the Town Meeting.” As an entity, it is the legislative body for only towns, not cities, in Massachusetts, and is referred to simply as “Town Meeting". As an entity it is charged with debating and approving budgets, bylaws, bonding and all other matters brought before the town meeting. MMMA Form of Government Committee "Forms of Local Government" ^[1] The three major decisions made by town meeting are (1) the setting of salaries for elected officials; (2) voting to appropriate money to run the town; and (3) voting on town bylaws. Only towns governed by a Board of Selectmen have town meeting.

Cities have either a City Council, Town Council or Board of Aldermen that act as the legislative body as citizens do not govern a city directly.

Contents 1 Forms of Town Meetings 1.1 Open Town Meeting 1.2 Representative Town Meeting 2 Types of Town Meetings Held 2.1 Annual Town Meetings/Business Meetings 2.2 Special Town Meetings 3 Budget 4 Warrant 5 Voting Methods 6 Procedure 7 Town Meeting Terms 8 Town Meeting Officials and Committees 8.1 Moderator 8.2 Selectmen 8.3 Town Clerk 8.4 Town Counsel 8.5 Ex Officio Members 8.6 Select Committee 8.7 Standing Committee 8.8 Finance Committee 9 Town Meeting Laws 9.1 Annual Meeting 9.2 Elections and Ballot Votes 9.3 Town Meeting Warrant 9.4 Calling Town Meeting 9.5 Quorum: Massachusetts General Laws 9.6 Moderator 9.7 Finance Committees: 9.8 Precinct Voting 9.9 Returns 10 Town Meeting Definitions 10.1 Open Meetings 10.2 Participation by Public 10.3 Adjudicatory Hearings 10.4 Application of Chapter 11 Representative Town Meeting 11.1 Adoption 11.2 Organization 11.3 Town Meeting Members 11.4 Actions by Ballot or Town Meeting 11.5 Moderator 11.6 Restrictions 12 Notes

Forms of Town Meetings

Open Town Meeting

In 1920 the Constitution of the Commonwealth was amended to include parameters for open or representative town meeting. This required open town meeting for all towns with a population of less than six thousand. An open town meeting means that all of the town’s voters may vote on all matters. All registered voters are eligible to participate in the open town meeting. All participating eligible voters are responsible for performing all actions charged to town meeting. Towns with more than six thousand residents have the option to adopt a representative town meeting structure.

Quorum: the minimum number of voters who may conduct business is established by the individual town’s by-laws. The quorum can be zero.

Attendees:any member of the public.

Speakers:all of the town's registered voters. Non-voters may speak at the discretion of the moderator or town meeting.

Voters:all of the town's registered voters.

Representative Town Meeting

In a representative town meeting, also called a limited town meeting, all of the town’s voters may vote for what are called "town meeting members". Other than who may vote, open town meetings basically operate the same way as representative town meetings. After the voters elect the town meeting members, the town meeting members conduct and vote on the town meeting’s business. The total elected representative town meeting membership can be as few as 45 or as many as 240. The actual number of the membership is calculated in approximate proportion to the number of inhabitants in each precinct to the total number of inhabitants in the town.

Town meeting members are elected within precincts by ballot at the annual town election. Apportionment of a precinct is based on Massachusetts General Law, town charter or a special act. One-third of the town meeting members are elected for 3 years, one-third is elected for 2 years and one-third is elected for 1 year at the first election after adopting a representative Town Meeting or after re-districting. Thereafter each member is elected for a 3 year term. All elections are nonpartisan. Consult your town clerk for details on how to become a town meeting member.

Quorum:a majority of the town meeting members.

Attendees:any member of the public.

Speakers:all of the town's registered voters though, a registered voter who is not a town meeting member has a right to speak subject to conditions prescribed by the meeting. Non-voters may speak at the discretion of the moderator or town meeting.

Voters: only town meeting members.

Control over votes of Town Meeting Members In some towns, the votes of representative town meetings do not take effect until a certain number of days after the town meeting expires. In other towns, only votes on certain subjects do not take effect immediately. In all towns, votes on the following subjects do not take effect for seven days, not counting Sundays and holidays. These include: special appropriations of $20,000 or more; establishing, abolishing, or merging town boards or offices; establishing a term of office for town officers; changing the number of a town board’s members; adopting a new by-law and amending an existing by-law.

Overturning the Decisions of Town Meeting Members To try to overturn decisions described in the previous paragraph, voters may circulate petitions within seven days after town meeting has dissolved. The petition must be signed by at least 3% of the town’s voters, with their names and addresses. The petition must be filed with the selectmen. To try to overturn other decisions by a representative town meeting, voters should check their respective towns’ by-laws or charter. No action of a representative town meeting can be reversed unless at least 20% of the registered voters vote to do such. Petitions to overturn representative town meeting decisions go to the Board of Selectmen. The Selectmen then schedule an election at which the following question appears on the ballot: “Should the town vote to approve the action of the representative town meeting whereby it was voted [brief description of the vote]?” Voters go to the polls and vote yes or no.

Types of Town Meetings Held

Annual Town Meetings/Business Meetings

Towns are required to hold an annual town meeting. This must be held in February, March, April or May unless otherwise provided by special law or charter. The Board of Selectman may delay the annual meeting, but it must be completed by June 30th.

In the past the town elections and the annual town meeting, or business meeting, took place on the same day. Today however; though the annual town meeting and town elections may be called on the same warrant, most towns separate the two events. The difference between the two could be a week or even several months. A few towns may elect officers as early as November of one year, and conduct the business meeting in the next year. Additionally, a town may divide its business meeting into two meetings. Towns that do so hold one business meeting at the beginning of the year to focus primarily on the budget, finances, and taxes. The second business meeting is held in the fall to focus is on zoning, planning and by-laws.

Special Town Meetings

Any Town Meeting held in addition to the annual town meeting is called a special town meeting. They may be called, generally by the Board of Selectmen, as many times during the year as necessary and may be held any time. These meetings may be called for one or more reasons.

Voters may call a special town meeting when two hundred registered voters, or 20% of the total number of registered voters, whichever is less in number, request a special town meeting. The special town meeting must be held no later than 45 days after the Board of Selectmen receive the request. The requisite number of voters must sign a written request for a special town meeting. The format of the written request is flexible. Voters should include their addresses after their signatures. Voters deliver the written request to the Board of Selectmen and the Board must then call a special meeting within 45 days.

Budget

The selectmen or appointed budget committee must print and distribute information regarding appropriations at or before the annual town meeting. There are three general ways that towns handle budget articles:

(1) The moderator: reads a budget item; calls for a recommendation from the finance committee on that item; calls for debate on that item; and calls for a vote on that item. Then the moderator does the same with the next budget item.

(2) The moderator reads each budget item but doesn’t stop for debate. If a voter wants to debate an item, he or she calls out, “Hold!,” or a similar word, depending on the town meeting. The moderator will “lay aside” that item, and get back to it later. After reading all budget items, the moderator calls for a vote on all items that were not laid aside. Then the moderator takes up budget items that were laid aside. The moderator calls for debate, possible amendments, and a vote on each item.

(3) The moderator summarizes the budget article. The chairman of the finance committee moves that Town Meeting appropriate the money recommended in the finance committee’s report. Then the moderator entertains motions to amend the budget article. When Town Meeting has voted on all amendments, Town Meeting votes on the finance chairman’s motion as originally presented or amended.

Warrant

The warrant lists the time, place, and agenda of the town meeting and is issued by the Board of Selectmen. The subject of all actions taken by Town Meeting must be listed on the warrant. Items listed on the warrant are called articles and include appropriations for town functions or departments. Voters may insert articles in the warrant prior to the selectmen closing it. At least 10 registered voters must sign a written request including their names and their residence, with street and number for the insertion of subjects in town meeting warrants. For special town meeting warrants, 100 registered voters or 10% of the total number of voters, whichever is lesser, is required to insert an article in the warrant. The warrant must be made available at least 7 days before an annual meeting, and at least 14 days before a special meeting. This includes posting the warrant in specified posting places. During the town meeting the Moderator summarizes each article or reads it entirely before starting debate.

Voting Methods

Town meeting votes may be decided by a simple majority (more than 50%) or a super majority (often a 2/3 vote). There are several types of voting methods:

Voice vote. Many town meeting votes are by voice. The moderator asks that all in favor (everyone voting “yes”) say, “Yea” (which is pronounced “yay”). Then the moderator asks that all opposed (everyone voting “no”) say, “Nay.” The moderator listens and decides which side prevailed. Votes that require more than a simple majority may disallow the use of a voice vote because it may be difficult for the moderator to determine the number of voters that said "Yea" or "Nay". A voter may challenge the moderator's determination by standing up and questioning the decision. If at least six other voters also stand the moderator must use a more formal voting method.

Show of hands. The moderator asks that all in favor raise their hands. Then the moderator asks that all opposed raise their hands. The moderator looks at the number of hands in general and decides which side prevailed. Or hands are counted. A voter may challenge the moderator's determination by standing up and questioning the decision. If at least six other voters also stand the moderator must use a more formal voting method.

Roll call. Voters are called by name and answer “Yea” or “Nay.”

Standing vote or rising vote. All in favor are asked to stand or rise. They are counted. Next, all voters who are opposed are asked to stand. They are counted. This form of vote is also known as dividing the meeting.

Secret ballots. Town bylaws or charter determine when voters must vote via secret ballot. In some towns, the moderator can call for a secret ballot. In some towns, if a certain number of voters request it, a vote will be by secret ballot. In other towns, a vote will be by secret ballot if 25% of the voters present and voting ask for it. During a representative town meeting a vote can only be taken by secret ballot if 2/3 of the town meeting members present and voting approve it.

Procedure

The moderator will run the meeting using parliamentary procedure. Some, but not all, town meetings are run according to Roberts' Rules of Order. A town's bylaws also direct how the meeting is run though these can be suspended under some circumstances. The suspension procedure is listed in town bylaws.

The moderator's rulings are sometimes final and other times can be appealed depending on the moderator's practice and the town meeting itself. The usual procedure calls for a voter to make a point of order. The moderator then rules on the point of order and a voter or town meeting member can then announce their appeal. If someone else seconds the appeal then the moderator will announce a vote on the question, “Should the decision of the moderator be reversed?”.

Town Meeting Terms

Term	Meaning
dismiss an article	to defeat it
postpone an article indefinitely	to defeat it
take no action on an article	to defeat it
lay the question on the table	to kill or postpone (depending on the town) a measure
table the question	to kill or postpone (depending on the town) a measure
to take a motion from the table	To take an issue from the table means to consider an issue that the Town Meeting previously tabled.
move the previous question	to cut off debate and vote on the issue at hand
adjourn without day	the Town Meeting has adjourned without setting another day to reconvene. A new warrant is needed to reconvene.
dissolving	the Town Meeting is over until the next Town Meeting, which must be called by a new warrant.
recessing	the Town Meeting is taking a break and will resume on the same day
reconsideration	A vote to reconsider a previous vote temporarily postpones final action on that vote.
rescission	A vote to rescind a previous vote cancels it.

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Town Meeting Officials and Committees

Moderator

The Moderator runs the town meeting either by following local procedure detailed in local bylaws or at his or her own discretion, depending on the town. The moderator is always responsible for declaring the outcome of voice votes. Moderators are usually elected by citizens for a term of one to three years at the town election. When the elected moderator is absent, a temporary moderator may be elected at the town meeting. During the town meeting the moderator summarizes each article or reads it entirely before starting debate.

Selectmen

The Board of Selectmen creates and posts the town warrant. Once the warrant is posted, they are authorized to call a Town Meeting.

Town Clerk

The Town Clerk records all votes and takes minutes at the town meeting. If the entire Board of Selectmen resigns the Town Clerk is authorized to call a town meeting.

Town Counsel

The Town Counsel often prepares the warrant prior to Town Meeting and answers legal questions that come up during town meeting.

Ex Officio Members

Ex officio (pronounced “o-fish-ee-o”) members are present only in a representative town meeting form of government. These people are granted the position of town meeting member because of the office they hold and do not have to run for election. For example, a town’s by-laws might state that selectmen are ex officio members of the town meeting. That would mean that the selectmen are already members because they have been elected to the office of selectmen.

Select Committee

A select committee is assigned to investigate and report back to the town meeting on a certain subject, or to undertake a certain substantive task. The moderator frequently appoints its chairperson and members. Select committees are also called special committees.

Standing Committee

A standing committee is a permanent committee. A town might have standing committees for the following areas: public works, planning and zoning, recreation, and personnel. The most important standing committee is the finance committee.

Finance Committee

The Finance Committee, also known as the Warrant Committee or the Advisory Committee prepares the budget and the financial articles of the warrant in the months before the annual town meeting starts. It also makes advisory recommendations on warrant articles. In many towns, the finance committee’s report is distributed to all residences.

Town Meeting Laws

Annual Meeting

[Text of section as amended by 2008, 85, Sec. 1 effective July 14, 2008.]

Section 9. Annual meeting; other meetings; election of officers; times; adjournment; holidays. Except as otherwise provided by special law or a charter adopted or revised or amended under Sections two, three, or four of Article LXXXIX of the Amendments to the Constitution of the Commonwealth which may provide for a different time for the election of town officials and other matters to be determined by ballot, the annual meeting of each town shall be held in February, March, April, May or June; and other meetings may be held at such times as the selectmen may order or the charter or by-law prescribe; provided, however, that, notwithstanding the provisions of this section or of any other law, by-law, or charter to the contrary, a town, by the vote of its board of selectmen or town council may delay the annual town meeting; and provided, further, that such a delayed annual town meeting shall complete its business on or before June thirtieth. Town meetings shall be held within the geographic limits of the town unless a special law, charter or by-law provides otherwise; 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. Meetings may be adjourned from time to time and meet and adjourn to any place authorized by law provided that officers shall be elected, and matters required by law to be elected or determined by ballot, shall be so elected or determined during the hours during which polls shall remain open as hereinafter provided. If the day set for a town meeting by by-law or otherwise falls on a legal holiday, such meetings shall be held on the day following. A town may by by-law designate the hour at which the annual town meeting shall be called and subject to section sixty-four of chapter fifty-four by vote or by-law designate the hours during which polls shall remain open in meetings for the election of officers and the determination of other matters that are required by law to be determined by ballot.

Elections and Ballot Votes

[Text of section as amended by 2008, 85, Sec. 2 effective July 14, 2008.]

Section 9A. Election of officers and other matters determined by ballot; meetings; time and place; warrants Except as otherwise provided by special law or a charter adopted or revised or amended under Sections two, three or four of Article LXXXIX of the Amendments to the Constitution of the Commonwealth, a town may provide by charter or by-law that the election of town officials and other matters to be determined by ballot shall take place in February, March, April, May or June before or after the annual meeting held for the transaction of other business, provided said annual meeting for the transaction of other business is also held or commences in February, March, April, May or June. The time and place of holding such election and vote and meeting for the transaction of other business may be stated in one warrant for the annual town meeting if called within thirty-five days of each other and such election and vote shall be deemed parts of the annual town meeting. If the election and other matters to be determined upon by ballot and the annual meeting for the transaction of other business are more than thirty-five days apart, separate warrants shall be used.

Town Meeting Warrant

Section 10. Warrant; issuance; contents Every town meeting or town election, except as hereinafter provided, shall be called in pursuance of a warrant, under the hands of the selectmen, notice of which shall be given at least seven days before the annual meeting or an annual or special election and at least fourteen days before any special town meeting. The warrant shall be directed to the constables or to some other persons, who shall forthwith give notice of such meeting in the manner prescribed by the by-laws, or, if there are no by-laws, by a vote of the town, or in a manner approved by the attorney general. The warrant for all town meetings shall state the time and place of holding the meeting and the subjects to be acted upon thereat. The town meeting may be held in one or more places; provided, that if it is held in more than one place, the places are connected by means of a public address system and loud speakers so that the proceedings in all such places may be heard and participated in by all the voters present therein. Whenever the moderator determines that voters are being excluded from the town meeting because there is no room for them in the places provided or that voters in attendance are being deprived of the opportunity to participate therein for any reason whatsoever, he shall either, on his own motion recess the meeting for any period during the day of the meeting or, after consultation with the members of the board of selectmen then present, adjourn the same to another date, not later than fourteen days following the date of said meeting, when places and facilities sufficient to accommodate all voters attending and to enable them to participate therein shall be available. The selectmen shall insert in the warrant for the annual meeting all subjects the insertion of which shall be requested of them in writing by ten or more registered voters of the town and in the warrant for every special town meeting all subjects the insertion of which shall be requested of them in writing by one hundred registered voters or by ten per cent of the total number of registered voters of the town whichever number is the lesser. The selectmen shall call a special town meeting upon request in writing, of two hundred registered voters or of twenty per cent of the total number of registered voters of the town, whichever number is the lesser; such meeting to be held not later than forty-five days after the receipt of such request, and shall insert in the warrant therefor all subjects the insertion of which shall be requested by said petition. No action shall be valid unless the subject matter thereof is contained in the warrant. Two or more distinct town meetings for distinct purposes may be called by the same warrant.

The written requests of registered voters for the insertion of subjects in town meeting warrants shall not be valid unless the required number of registered voters not only sign their names but also state their residence, with street and number, if any. The selectmen shall submit such written requests to the board of registrars of voters or the board of election commissioners who shall check and forthwith certify the number of signatures so checked which are names of voters in the town, and only names so checked and certified shall be counted. A greater number of names than are required in each case need not be certified.

Calling Town Meeting

Section 11. Persons authorized to call meetings upon resignation of selectmen. If a majority of the selectmen or any less number shall vacate their offices, or if the full number shall fail to be elected or qualified, the selectmen in office may call a town meeting. If there are no remaining selectmen, the town clerk may call it; and, if there is no town clerk, a justice of the peace may call it in the manner prescribed in the following section.

Section 12. Persons authorized to call meetings upon refusal of selectmen. If the selectmen unreasonably refuse to call a town meeting, a justice of the peace, upon written application of one hundred registered voters or of ten per cent of the total number of registered voters of the town, may call a meeting by a warrant under his hand, stating the subjects to be acted upon, directed to the constables of the town if there are any, otherwise to any of the persons applying therefor, directing them to summon the inhabitants qualified to vote in town affairs to assemble at the time and place and for the purposes expressed in the warrant. In a town having a form of representative town meeting government a special town meeting called under this section shall be conducted as a representative town meeting, and notice thereof shall be given to the town meeting members as provided by law.

Quorum: Massachusetts General Laws

Section 13. Quorum; application of section. Towns may prescribe by by-law the number of voters necessary to constitute a quorum at town meetings; provided, that a number less than a quorum may from time to time adjourn the same. This section shall not apply to such parts of meetings as are devoted exclusively to the election of town officers.

Moderator

Section 14. Moderators; election; tenure; vacancies; assistant moderators. At every town meeting when moderators are not elected for the term of one or three years, a moderator shall first be elected. The election of a moderator at a meeting for the choice of town officers shall be by ballot, and the voting list shall be used thereat.

Any town or district which has so voted or hereafter so votes may at any annual election of town or district officers elect from the registered voters thereof by ballot a moderator to preside at all town or district meetings. His term of office shall begin as soon as he is qualified, and shall continue until the next annual town or district meeting and until his successor is qualified. Any town or district which has elected a moderator for the term of one year shall thereafter elect a moderator at every annual election of town or district officers, unless the town or district votes to discontinue the electing of moderators for said term.

If a vacancy in the said office occurs during any term, it may be filled by the voters of the town or district. If a moderator so elected is absent, a temporary moderator may be elected.

In towns or districts where official ballots are used, the vote to elect a moderator for the term of one year shall be taken at a meeting held at least thirty days before the annual town or district meeting at which the vote is to become operative; and at the first annual meeting after the town or district has so voted a moderator shall be chosen as herein provided to serve at that meeting, and the moderator elected on the official ballot at that meeting shall act at subsequent town or district meetings until his successor is qualified.

At every town or district meeting until a moderator or temporary moderator is elected, the clerk of the town or district shall preside; but if he is absent or if there is no clerk, the chairman of the selectmen or prudential committee or body exercising similar powers, if present, otherwise the senior member present in point of continuous service, shall preside; but if no selectman or member of said committee or body is present, the justice of the peace calling such meeting, if the meeting is so called, shall preside. Such presiding officer shall have the powers and perform the duties of a moderator.

If, as provided for in section ten, a town meeting is held in separate places equipped with a public address system and loud speaker facilities, the moderator may appoint an assistant moderator to preside at each place of meeting whereat the moderator is not present. The assistant moderator shall have all the powers vested by law in the moderator to preside at and regulate the proceedings in the meeting at which he presides except that he shall not recognize any citizen desiring to address the meeting except after first obtaining permission of the moderator.

The word “district”, as used in this section, so far as apt, shall be construed as it is defined in section one A of chapter forty.

Section 15. Moderators; powers and duties. The moderator shall preside and regulate the proceedings, decide all questions of order, and make public declaration of all votes, and may administer in open meeting the oath of office to any town officer chosen thereat. If a vote so declared is immediately questioned by seven or more voters, he shall verify it by polling the voters or by dividing the meeting unless the town has by a previous order or by-law provided another method. If a two thirds, four fifths or nine tenths vote of a town meeting is required by statute, the count shall be taken, and the vote shall be recorded in the records by the clerk; provided, however, that a town may decide by by-law or vote not to take a count and record the vote if a two-thirds vote of a town meeting is required by statute; and provided, further, that if the vote is unanimous, a count need not be taken, and the clerk shall record the vote as unanimous.

A town may pass by-laws, subject to this section, for the regulation of the proceedings at town meetings. Such by-laws shall be approved and published in the manner prescribed by section thirty-two of chapter forty.

In any town having a representative town meeting form of government the town meeting members shall not use the secret ballot when voting in the exercise of the corporate powers of said town or on any motion unless two thirds of the town meeting members present and voting thereon vote that a secret ballot be used.

Section 17. Powers of moderator; preservation of order. No person shall address a town meeting without leave of the moderator, and all persons shall, at the request of the moderator, be silent. If a person, after warning from the moderator, persists in disorderly behavior, the moderator may order him to withdraw from the meeting, and, if he does not withdraw, may order a constable or any other person to remove him and confine him in some convenient place until the meeting is adjourned.

Section 18. Duties of moderators; reception of votes. The moderator shall receive the vote of any person whose name is on the voting list or who presents a proper certificate from the registrars of voters.

Finance Committees:

Section 16. Appropriation, advisory or finance committees; appointment; tenure; powers and duties. Every town whose valuation for the purpose of apportioning the state tax exceeds one million dollars shall, and any other town may, by by-law provide for the election or the appointment and duties of appropriation, advisory or finance committees, who shall consider any or all municipal questions for the purpose of making reports or recommendations to the town; and such by-laws may provide that committees so appointed or elected may continue in office for terms not exceeding three years from the date of appointment or election.

In every town having a committee appointed under authority of this section, such committee, or the selectmen if authorized by a by-law of the town, and, in any town not having such a committee, the selectmen, shall submit a budget at the annual town meeting. Chapter 39: Section 19. Repealed, 1934, 39, Sec. 1

Precinct Voting

Section 20. Precinct voting. Towns divided into voting precincts may, for their annual town election, establish precinct voting for all town officers to be chosen thereat, by accepting this section at a meeting held seventy days at least before the annual town meeting. The acceptance of this section or corresponding provisions of earlier laws may be revoked by the town at a meeting held seventy days at least before the annual town meeting; and if so revoked this section shall cease to be in force therein. Towns by vote or by-law may authorize voting precincts at special elections of town officers.

Returns

Section 21. Canvass of returns. The town clerk and the board of registrars, upon receipt of the returns from the several precincts, shall forthwith canvass the same, and immediately declare the result.

Chapter 39: Section 22, 23. Repealed, 1974, 8, Sec. 4

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Town Meeting Definitions

Section 23A. Definitions.The following terms as used in sections twenty-three B and twenty-three C shall have the following meanings:—

Deliberation: a verbal exchange between a quorum of members of a governmental body attempting to arrive at a decision on any public business within its jurisdiction.

Emergency: a sudden, generally unexpected occurrence or set of circumstances demanding immediate action.

Executive session: any meeting of a governmental body which is closed to certain persons for deliberation on certain matters.

Governmental body: every board, commission, committee or subcommittee of any district, city, region or town, however elected, appointed or otherwise constituted, and the governing board of a local housing, redevelopment or similar authority; provided, however, that this definition shall not include a town meeting.

Made public: when the records of an executive session have been approved by the members of the respective governmental body attending such session for release to the public and notice of such approval has been entered in the records of such body.

Meeting: any corporal convening and deliberation of a governmental body for which a quorum is required in order to make a decision at which any public business or public policy matter over which the governmental body has supervision, control, jurisdiction or advisory power is discussed or considered; but shall not include any on-site inspection of any project or program.

Quorum: a simple majority of a governmental body unless otherwise defined by constitution, charter, rule or law applicable to such governing body.

Open Meetings

Section 23B. Open meetings of governmental bodies. All meetings of a governmental body shall be open to the public and any person shall be permitted to attend any meeting except as otherwise provided by this section. No quorum of a governmental body shall meet in private for the purpose of deciding on or deliberating toward a decision on any matter except as provided by this section. No executive session shall be held until the governmental body has first convened in an open session for which notice has been given, a majority of the members have voted to go into executive session and the vote of each member is recorded on a roll call vote and entered into the minutes, the presiding officer has cited the purpose for an executive session, and the presiding officer has stated before the executive session if the governmental body will reconvene after the executive session. Nothing except the limitation contained in this section shall be construed to prevent the governmental body from holding an executive session after an open meeting has been convened and a recorded vote has been taken to hold an executive session. Executive sessions may be held only for the following purposes:

(1) To discuss the reputation, character, physical condition or mental health rather than the professional competence of an individual, provided that the individual involved in such executive session has been notified in writing by the governmental body, at least forty-eight hours prior to the proposed executive session. Notification may be waived upon agreement of the parties. A governmental body shall hold an open meeting if the individual involved requests that the meeting be open. If an executive session is held, such individual shall have the following rights:

(a) to be present at such executive session during discussions or considerations which involve that individual.

(b) to have counsel or a representative of his own choosing present and attending for the purpose of advising said individual and not for the purpose of active participation in said executive session.

(c) to speak in his own behalf.

(2) To consider the discipline or dismissal of, or to hear complaints or charges brought against, a public officer, employee, staff member, or individual, provided that the individual involved in such executive session pursuant to this clause has been notified in writing by the governmental body at least forty-eight hours prior to the proposed executive session. Notification may be waived upon agreement of the parties. A governmental body shall hold an open meeting if the individual involved requests that the meeting be open. If an executive session is held, such individual shall have the following rights:

(a) to be present at such executive session during discussions or considerations which involve that individual.

(b) to have counsel or a representative of his own choosing present and attending for the purpose of advising said individual and not for the purpose of active participation.

(c) to speak in his own behalf.

(3) To discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the bargaining or litigating position of the governmental body, to conduct strategy sessions in preparation for negotiations with nonunion personnel, to conduct collective bargaining sessions or contract negotiations with nonunion personnel.

(4) To discuss the deployment of security personnel or devices.

(5) To investigate charges of criminal misconduct or to discuss the filing of criminal complaints.

(6) To consider the purchase, exchange, lease or value of real property, if such discussions may have a detrimental effect on the negotiating position of the governmental body and a person, firm or corporation.

(7) To comply with the provisions of any general or special law or federal grant-in-aid requirements.

(8) To consider and interview applicants for employment by a preliminary screening committee or a subcommittee appointed by a governmental body if an open meeting will have a detrimental effect in obtaining qualified applicants; provided, however, that this clause shall not apply to any meeting, including meetings of a preliminary screening committee or a subcommittee appointed by a governmental body, to consider and interview applicants who have passed a prior preliminary screening.

(9) To meet or confer with a mediator, as defined in section twenty-three C of chapter two hundred and thirty-three, with respect to any litigation or decision on any public business within its jurisdiction involving another party, group or body, provided that: (a) any decision to participate in mediation shall be made in open meeting session and the parties, issues involved and purpose of the mediation shall be disclosed; and (b)no action shall be taken by any governmental body with respect to those issues which are the subject of the mediation without deliberation and approval for such action at an open meeting after such notice as may be required in this section.

This section shall not apply to any chance meeting, or a social meeting at which matters relating to official business are discussed so long as no final agreement is reached. No chance meeting or social meeting shall be used in circumvention of the spirit or requirements of this section to discuss or act upon a matter over which the governmental body has supervision, control, jurisdiction or advisory power.

Except in an emergency, a notice of every meeting of any governmental body shall be filed with the clerk of the city or town in which the body acts, and the notice or a copy thereof shall, at least forty-eight hours, including Saturdays but not Sundays and legal holidays, prior to such meeting, be publicly posted in the office of such clerk or on the principal official bulletin board of such city or town. The secretary of a regional school district committee shall be considered to be its clerk and he shall file the notice of meetings of the committee with the clerk of each city or town within such district and each such clerk shall post the notice in his office or on the principal official bulletin board of the city or town and such secretary shall post such notice in his office or on the principal official bulletin board of the district. If the meeting shall be of a regional or district governmental body, the officer calling the meeting shall file the notice thereof with the clerk of each city and town within such region or district, and each such clerk shall post the notice in his office or on the principal official bulletin board of the city or town. The notice shall be printed in easily readable type and shall contain the date, time and place of such meeting. Such filing and posting shall be the responsibility of the officer calling such meeting.

A governmental body shall maintain accurate records of its meetings, setting forth the date, time, place, members present or absent and action taken at each meeting, including executive sessions. The records of each meeting shall become a public record and be available to the public; provided, however, that the records of any executive session may remain secret as long as publication may defeat the lawful purposes of the executive session, but no longer. All votes taken in executive sessions shall be recorded roll call votes and shall become a part of the record of said executive sessions. No votes taken in open session shall be by secret ballot.

A meeting of a governmental body may be recorded by any person in attendance by means of a tape recorder or any other means of sonic reproduction or by means of videotape equipment fixed in one or more designated locations determined by the governmental body except when a meeting is held in executive session; provided, that in such recording there is no active interference with the conduct of the meeting.

Upon qualification for office following an appointment or election to a governmental body, as defined in this section, the member shall be furnished by the city or town clerk with a copy of this section. Each such member shall sign a written acknowledgement that he has been provided with such a copy.

The district attorney of the county in which the violation occurred shall enforce the provisions of this section.

Upon proof of failure by any governmental body or by any member or officer thereof to carry out any of the provisions for public notice or meetings, for holding open meetings, or for maintaining public records thereof, any justice of the supreme judicial court or the superior court sitting within and for the county in which such governmental body acts shall issue an appropriate order requiring such governmental body or member or officer thereof to carry out such provisions at future meetings. Such order may be sought by complaint of three or more registered voters, by the attorney general, or by the district attorney of the county in which the city or town is located. The order of notice on the complaint shall be returnable no later than ten days after the filing thereof and the complaint shall be heard and determined on the return day or on such day thereafter as the court shall fix, having regard to the speediest possible determination of the cause consistent with the rights of the parties; provided, however, that orders with respect to any of the matters referred to in this section may be issued at any time on or after the filing of the complaint without notice when such order is necessary to fulfill the purposes of this section. In the hearing of such complaints the burden shall be on the respondent to show by a preponderance of the evidence that the action complained of in such complaint was in accordance with and authorized by section eleven A 1/2 of chapter thirty A, by section nine G of chapter thirty-four or by this section. All processes may be issued from the clerk’s office in the county in which the action is brought and, except as aforesaid, shall be returnable as the court orders.

Such order may invalidate any action taken at any meeting at which any provision of this section has been violated, provided that such complaint is filed within twenty-one days of the date when such action is made public.

Any such order may also, when appropriate, require the records of any such meeting to be made public, unless it shall have been determined by such justice that the maintenance of secrecy with respect to such records is authorized. The remedy created hereby is not exclusive, but shall be in addition to every other available remedy. Such order may also include reinstatement without loss of compensation, seniority, tenure or other benefits for any employee discharged at a meeting or hearing held in violation of the provisions of this section.

Such order may also include a civil fine against the governmental body in an amount no greater than one thousand dollars for each meeting held in violation of this section.

The rights of an individual set forth in this section relative to his appearance before a meeting in an executive or open session, are in addition to the rights that an individual may have from any other source, including, but not limited to, rights under any laws or collective bargaining agreements, and the exercise or nonexercise of the individual rights under this section shall not be construed as a waiver of any rights of the individual.

Participation by Public

Section 23C. Regulation of participation by public in open meetings. No person shall address a public meeting of a governmental body without permission of the presiding officer at such meeting, and all persons shall, at the request of such presiding officer, be silent. If, after warning from the presiding officer, a person persists in disorderly behavior, said officer may order him to withdraw from the meeting, and, if he does not withdraw, may order a constable or any other person to remove him and confine him in some convenient place until the meeting is adjourned.

Adjudicatory Hearings

Section 23D. Adjudicatory hearings; attendance by municipal board, committee and commission members; voting disqualification. (a) Notwithstanding any general or special law to the contrary, upon municipal acceptance of this section for 1 or more types of adjudicatory hearings, a member of any municipal board, committee or commission when holding an adjudicatory hearing shall not be disqualified from voting in the matter solely due to that member’s absence from no more than a single session of the hearing at which testimony or other evidence is received. Before any such vote, the member shall certify in writing that he has examined all evidence received at the missed session, which evidence shall include an audio or video recording of the missed session or a transcript thereof. The written certification shall be part of the record of the hearing. Nothing in this section shall change, replace, negate or otherwise supersede applicable quorum requirements. (b) By ordinance or by-law, a city or town may adopt minimum additional requirements for attendance at scheduled board, committee, and commission hearings under this section.

Application of Chapter

Section 24. Application of chapter. The provisions of this chapter shall be in force only so far as they are not inconsistent with the express provisions of any general or special law; and, so far as apt, shall apply to districts as defined in section one A of chapter forty.

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Representative Town Meeting

Adoption

Chapter 43A; Section 1. Adoption authorized; conditions. Any town in which there has been constituted and established a form of representative town meeting government under a special statute, enacted in conformity with the provisions of the constitution of the commonwealth, may in substitution therefor adopt the standard form of representative town meeting government provided by sections three to twelve, inclusive.

Section 2. Adoption procedure; submission to electorate.Five per cent of the registered voters of any such town may, not less than ninety days before its annual town meeting, file with the selectmen a petition that there be submitted to the voters of the town the matter of the acceptance of such standard form of representative town meeting government. The selectmen shall thereupon direct the town clerk to cause to be printed on the official ballot used for the election of town officers at such meeting substantially the following question:

Shall the town adopt the standard form of representative town meeting government provided by chapter forty-three A of the General Laws?

If a majority of the votes cast thereon are in the affirmative such standard form shall thereupon become effective in such town, and the acceptance by the town of the special statute under which it was theretofore governed shall be deemed to be revoked by such vote; provided, that the town meeting members elected at such election or in office under the provisions of such special statute shall, except as otherwise provided therein, remain in office until the next annual town election.

Organization

Section 3. Organization.Upon the adoption as aforesaid of such standard form of representative town meeting government by a town, its selectmen shall forthwith divide the territory thereof into voting precincts, each of which shall be plainly designated and shall contain not less than four hundred registered voters. The precincts shall be so established as to consist of compact and contiguous territory to be bounded, as far as possible, by the center line of known streets and ways or by other well-defined limits. Their boundaries shall be reviewed, and, if need be, wholly or partly revised, by the selectmen in December, once in five years, or in December of any year when so directed by a vote of a representative town meeting held not later than November twentieth of that year. The foregoing provisions of this section shall not authorize any action contrary to the provisions of section nine A of chapter fifty-four.

The selectmen shall, within ten days after any establishment or revision of the precincts, file a report of their doings with the town clerk, the registrars of voters and the assessors, with a map or maps or description of the precincts and the names and residences of the registered voters therein. The selectmen shall also cause to be posted in the town hall a map or maps or description of the precincts as established or revised from time to time, with the names and residences of the registered voters therein; and they shall also cause to be posted in at least one public place in each precinct a map or description of that precinct, with the names and residences of the registered voters therein. The division of the town into voting precincts and any revision of such precincts shall take effect upon the date of the filing of the report thereof by the selectmen with the town clerk. Whenever the precincts are established or revised, the town clerk shall forthwith give written notice thereof to the state secretary, stating the number and designation of the precincts. Meetings of the registered voters of the several precincts for elections, for primaries, and for voting upon any question to be submitted to all the registered voters of the town, shall be held on the same day and at the same hour and at such place or places within the town as the selectmen shall in the warrant for such meeting direct. The provisions of chapters fifty to fifty-six, inclusive, relating to precinct voting at elections, so far as the same are not inconsistent with this chapter, shall apply to all elections and primaries in the town upon the establishment of voting precincts as hereinbefore provided.

Town Meeting Members

Section 4. Town meeting members; election; terms of office.Other than the officers designated in the by-laws of the town as town meeting members at large, the representative town meeting membership shall in each precinct consist of the largest number 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 to be as nearly two hundred and forty as may be.

The registered voters in every precinct shall, at the first annual town election held after the establishment of such precinct, and the registered voters of any precinct affected by any revision of precincts at the first annual town election following such revision, conformably to the laws relative to elections not inconsistent with this chapter, elect by ballot the number of registered voters in the precinct, other than the officers designated in the by-laws as town meeting members at large, provided for in the first sentence of this section, to be town meeting members of the town. The first third, in the order of votes received, of members so elected shall serve three years, the second third in such order shall serve two years, and the remaining third in such order shall serve one year, from the day of the annual town meeting; in case of a tie vote affecting the division into thirds, as aforesaid, the members elected from the precinct shall by ballot determine the same; and thereafter, except as is otherwise provided herein, at each annual town election the registered voters of each precinct shall, in like manner, elect, for the term of three years, one third of the number of elected town meeting members to which such precinct is entitled, and shall at such election fill for the unexpired term or terms any vacancy or vacancies then existing in the number of elected town meeting members in such precinct.

The terms of office of all elected town meeting members from every precinct revised as aforesaid shall cease upon the election as hereinbefore provided of their successors. The town clerk shall, after every election of town meeting members, forthwith notify each such member by mail of his election.

Section 5. Meetings; quorum; compensation of members.Any representative town meeting held under the provisions of this chapter, except as otherwise provided herein, shall be limited to the town meeting members elected under section four, together with such town meeting members at large as may be provided for by the by-laws of the town.

The town clerk shall notify the town meeting members of the time and place at which representative town meetings are to be held, the notices to be sent by mail at least seven days before the meeting. The town meeting members, as aforesaid, shall be the judges of the election and qualifications of their members. A majority of the town meeting members shall constitute a quorum for doing business; but a less number may organize temporarily and may adjourn from time to time, but no town meeting shall adjourn over the date of an election of town meeting members. All town meetings shall be public. The town meeting members as such shall receive no compensation. Subject to such conditions as may be determined from time to time by the members of the representative town meeting, any registered voter of the town who is not a town meeting member may speak at any representative town meeting, but shall not vote. A town meeting member may resign by filing a written resignation with the town clerk, and such resignation shall take effect on the date of such filing. A town meeting member who removes from the town shall cease to be a town meeting member, and a town meeting member who removes from the precinct from which he was elected to another precinct may serve only until the next annual town meeting.

Section 6. Nominations.Nomination of candidates for town meeting members to be elected under this chapter shall be made by nomination papers, which shall show clearly whether he has been a former town meeting member, and, if an elected incumbent of such office, that he is a candidate for re-election and shall bear no other political designation. Such papers shall be signed by not less than ten voters of the precinct in which the candidate resides, shall be filed with the town clerk at least ten days before the election or, in towns which have accepted section one hundred and three A of chapter fifty-four, within the time provided by section ten of chapter fifty-three. They shall be submitted to the registrars of voters and shall be certified in the manner provided in section seven of said chapter fifty-three; provided, however, that any town meeting member, including any town meeting member in office under the provisions of a special statute under which such town is operating immediately prior to the taking effect therein of the standard form of representative town meeting government provided by this chapter, may become a candidate for election by giving written notice thereof to the town clerk not later than twenty-one days prior to the last day and hour for filing nomination papers. If a town meeting member is a candidate for re-election, the words “Candidate for Re-election” shall be printed against his name as it appears on the ballot for the election of town officers; provided, that if a town meeting member who has been chosen by the remaining members from the precinct to fill a vacancy under the provisions of section nine is a candidate for election, the words “Candidate for Re-election” shall not be printed against his name as it appears on the ballot. No nomination papers shall be valid in respect to any candidate whose written acceptance is not thereon or attached thereto when filed.

Section 9. Town meeting members; vacancies.Any vacancy in the full number of town meeting members from any precinct, whether arising from a failure of the registered voters thereof to elect, or from any other cause, may be filled, until the next annual election, by the remaining members of the precinct from among the registered voters thereof. Upon petition therefor, signed by not less than ten town meeting members from the precinct, notice of any vacancy shall promptly be given by the town clerk to the remaining members from the precinct in which the vacancy or vacancies exist, and he shall call a special meeting of such members for the purpose of filling such vacancy or vacancies. He shall cause to be mailed to every such member, not less than five days before the time set for the meeting, a notice specifying the object, time and place of the meeting. At the said meeting a majority of the members from such precinct shall constitute a quorum, and they shall elect from their own number a chairman and a clerk. The choice to fill any vacancy shall be by ballot, and a majority of the votes cast shall be required for a choice. The chairman and clerk shall count the ballots and shall make a certificate of the choice and forthwith file the same with the town clerk, together with a written acceptance by the member or members so chosen, who shall thereupon be deemed elected and qualified as a town meeting member of members, subject to the right of all the town meeting members to judge of the election and qualifications of the members as set forth in section five.

Actions by Ballot or Town Meeting

Section 7. Action on articles in warrant for town meeting.The articles in the warrant for every town meeting, so far as they relate to the election of the moderator, town officers and town meeting members, and as herein provided, to referenda, and all matters to be acted upon and determined by ballot, shall be so acted upon and determined by the registered voters of the town in their respective precincts. All other articles in the warrant for any town meeting shall be acted upon and determined exclusively by town meeting members at a meeting to be held at such time and place as shall be set forth by the selectmen in the warrant for the meeting, subject to the referendum provided for by section ten.

Moderator

Section 8. Moderator; tenure; duties; vacancies.A moderator shall be elected by ballot at the annual town meeting when his term of office expires, for the term of one or three years, and shall serve as moderator of all town meetings, except as otherwise provided by law, until a successor is elected and qualified. Nominations for and election of a moderator shall be as in the case of other elective town officers, and any vacancy in the office may be filled by the town meeting members at a meeting held for that purpose. If a moderator is absent, a moderator pro tempore may be elected by the town meeting members.

Restrictions

Section 10. Enactments at town meetings; restrictions.A vote passed at any representative town meeting authorizing the expenditure of twenty thousand dollars or more as a special appropriation, or establishing a new board or office or abolishing an old board or office or merging two or more boards or offices, or fixing the term of office of town officers, where such term is optional, or increasing or reducing the number of members of a board, or adopting a new by-law, or amending an existing by-law, shall not be operative until after the expiration of seven days, exclusive of Sundays and holidays, from the dissolution of the meeting. If, within said seven days, a petition, signed by not less than three per cent 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 selectmen asking that the question or questions involved in such a vote be submitted to the registered voters of the town at large, then the selectmen, after the expiration of five days, shall forthwith call a special meeting for the sole purpose of presenting to the registered voters at large the question or questions so involved. The polls shall be opened at two o’clock in the afternoon and shall be closed not earlier than eight o’clock in the evening, and all votes upon any questions so submitted shall be taken by ballot, and the check list shall be used in the several precinct meetings in the same manner as in the election of town officers. The questions so submitted shall be determined by a majority vote of the registered voters of the town voting thereon, but no action of the representative town meeting shall be reversed unless at least twenty per cent of the registered voters shall so vote. 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)?” If such petition is not filed within said period of seven days, the vote of the representative town meeting shall become operative and effective upon the expiration of said period. Absent voter ballots shall be used at such election in accordance with the provisions of chapter fifty-four.

Section 11. Authority of town after acceptance of chapter; effect of actions taken.The town, after the acceptance of this chapter, shall continue to have the capacity to act through and to be bound by its town meeting members, who shall, when convened from time to time as herein provided, constitute representative town meetings; and the representative town meetings shall exercise exclusively, so far as will conform to the provisions of this chapter, all powers vested in the municipal corporation. Action in conformity with all provisions of law now or hereafter applicable to the transaction of town affairs in town meeting, shall, when taken by any representative town meeting in accordance with the provisions of this chapter, have the same force and effect as if such action had been taken in a town meeting open to all the voters of the town as organized and conducted before the establishment in said town of representative town meeting government.

Section 12. General meetings authorized; limitations of chapter.This chapter shall not abridge the right of the inhabitants of the town to hold general meetings, as secured to them by the constitution of this commonwealth; nor shall this chapter confer upon any representative town meeting in any town the power finally to commit the town to any measure affecting its municipal existence or substantially changing its form of government without action thereon by the voters of the town at large, using the ballot and the check list therefor.

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Notes

1. ↑ MMMA Form of Government Committee "Forms of Local Government"
2. ↑ Massachusetts Secretary of State. Citizen's Guide to Town Meeting Retrieved 2008 from http://www.sec.state.ma.us/cis/cistwn/twnidx.htm
3. ↑ Massachusetts General Laws Chapter 39: Section 9-23
4. ↑ Massachusetts General Laws: Chapter 39: Sections 23A-24
5. ↑ Massachusetts General Laws Chapter 43A: Section 1-12