A
CITIZEN’S GUIDE
TO
TOWN MEETING
NORTON,
MASSACHUSETTS
AN
OVERVIEW OF OPEN TOWN MEETING
Produced by: William
A. Gouveia, Town Moderator
July 2016
Norton
Town Meeting Guide
This document
is designed to be a simple guide to attending Town Meeting in the Town of
Norton. The purpose of this brief guide
is to encourage attendance, stimulate participation, and further understanding
of the town’s legislative process.
Norton has an
Open Town Meeting form of government, and such a system depends on the active
participation of its registered voters in order to succeed. Neither all the questions nor all the answers
are contained on these pages. But it is
hoped you will utilize the guidance provided here to become and stay active in
town government.
Town Meeting is
run according to the rules published in the book Town Meeting Time.
Definition
of Town Meeting
Town Meeting is
a gathering of the town’s registered voters in order to act as the legislative
body of government. There are two types
of Town Meetings: the Annual Town
Meeting (ATM) and Special Town Meetings (STM).
The Spring Annual
Town Meeting is held sometime in the months of April, May or June. It is generally considered the “financial
meeting”. It is where the budget of the
town is voted, and most major financial appropriations are acted upon. The Fall Annual Town Meeting is held within
the between the months of September, October and November. It is considered the “business meeting”, and
is generally reserved for bylaw changes, zoning amendments, and other matters
not directly related to the operating budget.
However, matters of all types may and can be considered at either
session.
Special Town
Meetings (STM) are held for unforeseen or emergency actions that cannot wait
for the ATM. STM can transfer funds
within the budget or articles, but cannot raise and appropriate new funds from
taxation.
Calling
Town Meeting
The ATM is
required to be held within the months previously mentioned. The selectmen must open the warrant for each
meeting, and close said warrant 90 days before the date of the spring annual
town meeting and 45 days before the fall annual town meeting, and 5 days after a
public notification of the closing.
Citizens can request selectmen place an article on the warrant prior to
its closing, or they can guarantee a spot by submitting a petition prior to the
warrant’s closing with the signatures of ten (10) registered voters.
Selectmen may
call a STM by majority vote, and must close the warrant for said STM 45 days
before the date of the meeting. Voters
may also force the calling of a STM by submitting a petition calling for same
bearing the signatures of at least two hundred (200) voters. Voters may also add articles to an open STM
warrant via a petition containing at least one hundred (100) signatures.
All Town
Meetings must be held within the physical borders of the community and be open
and accessible to all who wish to attend.
The responsibility for calling the Town Meeting and setting the date
resides with the Board of Selectmen.
Once the Town Meeting begins, the Moderator is in charge of all facets
of the meeting.
All Town
Meeting warrants and articles must be submitted to the Finance Committee for
their recommendation. The Finance
Committee is an 11-member board appointed to staggered terms by the Town
Moderator. They must issue a
recommendation on all articles to come before the meeting, and must make those
recommendations available in writing to the voters. Their meetings are open to the public, and
they must hold a public hearing on the budget every spring. Any positive recommendation of the Finance
Committee shall be the initial motion on that article to the meeting.
Participants
VOTERS – All registered voters can attend and
will decide all motions.
MODERATOR – The elected official charged with
running the meeting. The Moderator is
given broad powers and decides all disputes and parliamentary questions.
TOWN CLERK – The elected town official who records
the minutes of the meeting and all actions, and reports all the results to the
state.
TOWN MANAGER – The chief executive officer of the
town, responsible for submitting the town budget to the Finance Committee and
Board of Selectmen.
COUNTERS – Individuals appointed by the Town
Clerk to serve as counters when a standing vote is required, and to man the
ballot box when a ballot vote is required.
They also serve to check in voters and make sure they are registered.
TOWN OFFICIALS – The selectmen, school committee
members, and other elected and appointed boards and officials required to be at
the meeting to answer the questions of voters and speak on articles that
pertain to them.
TOWN COUNSEL – The town’s attorney who is present to
give opinions on legal issues that may arise.
Voting
and types of votes
Majority: At
least half + one (50% + 1) of the total vote count must be in favor to pass.
Example: 70 voters; 36 votes in favor; 34 votes against – the motion passes.
Most votes taken during town meeting require a majority; those that do not are
explicitly called out in this document.
Plurality: A plurality vote occurs when more than
two (2) options are before the voters; the winner is the option that receives
the most votes. Example: 70 voters; 20 votes for A; 22 votes for B; 28 votes
for C – choice C wins. Plurality votes are required for situations such as
nominations to committees.
Two Thirds (2/3): At least 2/3 of the total vote count must be
in favor to pass. Example: 66 voters; 44 vote in favor; 22 vote against – the
motion passes. A 2/3 vote is required for by-law changes; appropriations from
the stabilization fund; or requests to borrow money. The moderator may determine if a vote is 2/3
or not my voice or show of hands.
Four-fifths (4/5): At least 4/5 of the total vote count must be
in favor to pass. Example: 100 voters, 80 vote in favor, 20 vote against – the
motion passes. A 4/5 vote is required for motions that request payment of an
expenditure for the previous fiscal year during an Annual Town Meeting. The Moderator may take a voice vote and, if it
is unanimous, that will count as a 4/5 vote.
If there is any opposition, the vote must be counted.
Nine-tenths (9/10): At least 9/10 of the total vote count must be
in favor to pass. Example: 100 voters, 90 vote in favor, 10 vote against – the
motion passes. A 9/10 vote is required for motions that request payment of an
expenditure for the previous fiscal year during a Special Town Meeting. The
Moderator may take a voice vote and, if it is unanimous, that will count as a
9/10 vote. If there is any opposition,
the vote must be counted.
Challenges: The decision of the Moderator on whether or
not a particular vote has passed or failed by voice vote or show of hands may
be challenged by the voters. If seven
(7) voters stand and challenge the Moderator’s declaration, a counted vote
shall be taken. If fifteen of the voters
present so request, the vote must be by ballot.
The Moderator may decide to hold any vote by either counted hands or
ballot at the Moderator’s discretion.
Show of Hands: The
Moderator will decide most votes though a show of hands. The Moderator will announce the result and it
shall be subject to challenge as stated in the town bylaws.
Counted Vote: The
Moderator shall ask all those voting Yes on a question to stand, and they shall
be counted by tellers designated for such purpose by the Moderator and/or Town
Clerk. The process shall be repeated for
all those voting No. The tellers shall
tally the vote and report it to the Moderator, who will show it to the Town
Clerk and then announce the result to the meeting.
Ballot Vote: The
Moderator will announce the rules for any particular ballot vote, and the
Moderator and Town Clerk shall preside over the process. There shall be a ballot box where the ballots
are secured, and the tellers shall tally the votes and report said tally to the
Moderator, who will share it with the Town Clerk and announce the result to the
meeting. All ballots cast shall remain
in the custody of the Town Clerk.
Procedures
and Motions
The rules for operating Norton’s Town Meeting are set by
the town bylaws, by Town Meeting Time, and by the discretion of the Moderator
in office at the time.
There is a zero quorum requirement in Norton, so when the
Moderator calls the meeting to order, business can be conducted by as few as
one voter.
The moderator will read the opening of the warrant and
confirm with the town clerk that the warrant has been properly posted.
The town warrant
is the document from which the official business of the town is conducted. All
town meetings must be called pursuant to a warrant signed by the selectmen and
the warrant must contain all articles to be acted upon at the meeting. Refer
to: Ch. 39, Sect. 10 M.G.L.
The warrant is printed and posted, i.e. available to the
public, at least fourteen (14) days before the meeting in accordance with town
bylaws. At that time a copy can be obtained at the town hall. Copies will also
be made available at the town meeting.
The town warrant contains a list of articles; these are the
requests that are to be considered at the meeting. All articles must include
the following:
• what the petitioner wants the town to do, i.e. what the
request is for
• what department or committee the expense is for
• who is responsible for the expenditures or proposed
action
• who the sponsor is
The moderator will call for a motion on each article.
Articles will be considered in the order in which they appear in the town
warrant.
A motion for the
article will be made. While articles use general language, the motion for the
article must be specific. Example Article: “To see if the Town will vote to
raise and appropriate, transfer from available funds available in the treasury,
or borrow under the provisions of Chapter 44 of the General Laws, a sum of
money to purchase or lease purchase a pumper truck for the Fire Department, or
take any action thereon.” Example Motion that would be in order: “Mr.
Moderator, I move that the Town vote to raise and appropriate one hundred
seventy-five thousand dollars for the purpose of purchasing and equipping a new
pumper truck for the Fire Department, such funds to be expended under the
direction of the Public Safety Officer.”
The motion must be within the bounds of the original
article. For instance, if a motion was made for this article to purchase a
sanding truck for the D.P.W, it would not be in order.
The motion for the article must be submitted in written
form. The motion as written must exactly match the motion that is spoken on the
floor. This is necessary to maintain an accurate recording of the proceedings.
Written motions for articles should be submitted to the moderator prior to the
meeting. The moderator will follow along as the motion is made to ensure they
are the same.
If the motion is not in order, the moderator will indicate
the problem and either seek to rectify it or declare the motion out of order.
All articles receiving a positive recommendation from the
Finance Committee will be moved by the Finance Committee, and the Moderator
will recognize the chairperson or representative of the Finance Committee for
that purpose before recognizing anyone else for the purpose of moving the article.
As part of the motion, reading of portions of the article
may be waived. In those cases, the moderator will encourage questions from the
floor so the entire motion is understood.
In some cases, a written report may be required for an
article. When this occurs, do not include the reading of the report as part of
the motion for the article. The moderator will call for the report once the
motion is in order and there is a second.
The moderator will call for a second on the motion, except
that any motion made by the Finance Committee shall automatically be considered
to have received a second.
Any town meeting member can second a motion. When seconding
a motion, the name and address of the voter who seconded needs to be identified
and recorded for the meeting minutes. This is necessary to maintain an accurate
recording of the proceedings.
If there is no second, the motion fails.
The moderator will call for any discussion on the motion.
Any town meeting member (voter) or person authorized to
speak can indicate to the moderator they wish to speak during discussion.
All speakers must:
• be recognized by the moderator before speaking
• speak into one of the microphones provided If you need
assistance, notify one of the tellers when checking in. Should you need other
kinds of assistance, please notify the town hall prior to the meeting so proper
accommodations can be made.
• state your first name, last name and street address This
is necessary to maintain an accurate recording of the proceedings. If you are
recognized to speak and you’ve already given your name and address during that
town meeting session, you do not need to repeat your name and address.
• address all comments and questions to the moderator
Examples: “Mr. Moderator, I’d like to ask…” or, “Madam Moderator, I support
this motion because…”
• speak only to the motion under discussion If your
comments or question are not within the bounds of the motion being discussed,
the moderator will indicate that your comments are not in order and ask that
you keep your comments on topic.
• limit your comments to 3-5 minutes If you have a need to
address the floor for more than 5 minutes on a particular motion, you should
contact the moderator prior to the meeting. Speakers may ask the moderator for
additional time, but it may not always be granted.
The moderator will attempt to keep the discussion as
evenhanded as possible. The moderator will recognize speakers with various
viewpoints on the motion at hand and recognize speakers who can answer
questions that have been posed. As a result, speakers may not be recognized in
the order in which they expressed their desire to speak, i.e. “who raised their
hand first”.
When it is time to vote on a motion, the moderator will:
• indicate what percentage of yes votes are needed to pass
the motion (different types of motions require different vote thresholds)
• make a decision on how the vote will be taken: voice
vote, standing count, or paper ballot
Types
of Motions
AMENDMENTS
During
discussion, town meeting members can make a motion to amend on any main motion
(motions pertaining to warrant articles). In addition, other types of motions
can be amended, e.g. an amendment can be amended.
1. Be
recognized by the moderator to speak.
2. Make a
motion to amend. Motions for amendments follow the same rules as motions for
warrant articles:
• It must be
specific: Amendment that would be in
order for the prior example: “Mr. Moderator, I move that the amount of funds to
raise and appropriate for the motion before the floor be amended to read two
hundred and ten thousand dollars.”
• It must be
relevant to the motion currently under consideration.
• It must be
submitted in written form and be identical to the motion made on the floor
3. The
moderator will declare the motion to amend is in order. If the amendment is not
in order, the moderator will indicate the problem.
4. The
moderator will call for a second on the motion to amend. If there is no second,
the amendment fails.
5. Proceedings
will move to discussion and a vote.
6. Amendments
can also be amended, but it can get confusing if there are too many amendments
on the floor at one time. Amendments will be limited to at most two (2)
amendments at any given time, with only one (1) at a time allowed on the main
motion. When one amendment is disposed
of, another amendment can be proposed. If an amendment is before the floor and a
proposed amendment to it fails, the amendment before the floor can be amended
again. Amendments shall be by a majority
vote, even if the vote necessary on the main motion is a higher requirement.
7. When an
amendment is passed, it then becomes the main motion. The Moderator shall then ask for a vote on
the main motion as amended, and that
shall be the vote on the article itself.
MOTION TO MOVE THE QUESTION
If town meeting
members feel that discussion is becoming repetitious, they can ask for
discussion to stop so a vote can be taken. To do this, any town meeting member
can make a motion to “Move the Question”, “Move the Previous Question”, or
“Call the Question”.
1. Be
recognized by the moderator to speak. You must be recognized in order to move
the question; if a town meeting member has not been recognized to speak, the
motion will be ruled not in order and disregarded.
2. Make a
motion to move the question. “Mr. Moderator, I move the previous question.”
When you make a
motion to move the question, it is the only thing you must do. It would not be
in order to make comments about the issue at hand and then move the question.
3. The
moderator will declare that the question has been moved.
4. The
moderator will call for a second on the motion to move the question. If there
is no second, the motion is lost and discussion continues on the article under
consideration.
5. Proceedings
will move to an immediate vote on whether or not discussion will stop. If it is
evident to the moderator that a number of town meeting members have not had a
chance to speak, the moderator may make the floor aware of this information
before a vote is taken. A majority vote is required to pass the motion. Upon a successful vote, the article under
consideration shall immediately be voted upon with no further discussion.
6. The
Moderator has the discretion to deny a motion to move the question if the
Moderator believes there has not been enough discussion on the matter, or that
many people who wish to speak and may add value to the discussion have not yet
been able to address the meeting. The
decision of the Moderator in this instance is final and cannot be
appealed.
MOTION TO RECONSIDER
After a vote is
taken on a motion, a town meeting member can ask the floor to reconsider the
motion to vote on it again.
1. Be
recognized by the moderator to speak. You must be recognized in order to make a
motion to reconsider.
2. Make a
motion to reconsider. “Mr. Moderator, I move we reconsider article…”
3. The
moderator will declare that a motion to reconsider is before the floor.
4. The
moderator will call for a second on the motion to reconsider. If there is no
second, the motion fails.
5. Discussion
will be allowed if the motion being reconsidered allows discussion.
6. Proceedings
will then move to a vote. A simple majority vote is required to reconsider most articles.
7. If you vote
YES on a motion to reconsider, you are saying that you wish to reopen
discussion and take a re-vote. The original vote is discarded and a new vote is
taken.
8. If you vote
NO on a motion to reconsider, you are saying that the vote already taken should
stand and no further vote will be allowed on this issue.
9. After a vote
to reconsider has been taken, it cannot be reconsidered again.
10. A motion to
reconsider for an article can be made before the end of the session, i.e.
before adjourning or dissolving the meeting. However, if town meeting is
adjourned to a subsequent session, voters may still reconsider any article that
has not yet already be reconsidered – even if the article has been acted upon
during a different night.
11. The
Moderator will not accept any motion to reconsider an article until at least
three articles on the warrant following that article have been acted upon. If
there are fewer than three articles remaining on the warrant, the Moderator
shall accept any proper motion for reconsideration.
There are many other motions with
varying requirements. The full chart of
motions can be found in the book Town Meeting Time.