According to the Massachusetts General Law (MGL) every town meeting must be called by a warrant that states the time and place of the meeting and lists all the items (articles) of business to be acted on at the meeting. The Board of Selectmen insert articles in the warrant on their own initiative, by request of another town committee, or in the case of the annual town meeting, by written petition signed by at least (10) voters. To have an article included in the warrant for a special town meeting a petition signed by one hundred (100) voters, or ten percent (10%) of all town
voters, whichever is fewer. A petition is valid only if it includes signatures and street addresses of the required number of registered voters. The Board of Selectmen must have the petition checked by the Board of Registrars of voters or the Board of Election Commissioners to see that it is in order.
The Board of Selectmen are in charge of “Opening” and “Closing” the warrant. When a town meeting is called, the warrant is considered to be “open” for the insertion of articles. To allow for the warrant to be printed or typed, the Selectmen may vote to refuse to accept articles after a certain date and the warrant is “closed” as of that date.
Only those articles of business that have been included in the warrant may be legally acted upon at the town meeting.
The warrant must be signed and issued by the Board of Selectmen at least seven (7) days before an annual meeting and at least fourteen days before a special town meeting.
The majority of Selectmen in office are ordinarily required to call a town meeting. However, if the Selectmen unreasonably refuse, a justice of the peace may call a town meeting on the written request of one hundred (100) registered voters or ten percent of the total voters (MGL 39:12). If for any reason there are no Selectmen remaining in office, the Town Clerk may call a meeting.
Every town in the state must hold at least one town meeting each year. Most towns choose to divide the annual town meeting into parts held on separate days: one for the election of town officials and one for the transaction of other business. If the two meetings are held within 35 days of each other, they may be called by the same warrant, but otherwise must be called by separate warrants. (MGL 39:9A)
The Board of Selectmen must call a special town meeting if they receive a written request on a form approved by the Secretary of State, signed by two hundred (200) voters or twenty percent of all registered voters in the town, which is fewer (MGL 39:9).
Stoneham
Open Town Meeting
Every registered voter in the Town of Stoneham has the right to attend, speak and vote on the matters presented in the warrant at the annual and special town meeting as the law making authority at town meeting. The vote and opinion of each voter present has equal weight. The town meeting is the legislative body of the town and may adopt resolutions and bylaws establishing new town policies or institute new programs (MGL 39:10). Town meeting controls the development and finances of the town.
The following information has been put together to assist Stonehams’ registered voters at town meeting. If a voter wants to make a motion but is unsure as to the proper procedure, wording, etc., the voter should stand, raise his/her hand, wait to be recognized by the Moderator, and then ask for help.
Board of Selectmen – (Are seated at a table at the front of the hall). The Selectmen shall consider the tentative budget submitted by the town administrator and make such recommendations relative thereto as they deem expedient and proper in the interest of the town. On or before the seventy-fifth day prior to the annual town meeting, the selectmen shall transmit a copy of the budget, together with the recommendations, to the finance and advisory board.
Finance and Advisory Board – (Seated at a table at the front of the hall). Shall consider any or all municipal questions for the purpose of making reports or recommendations to the town.
Planning Board – (Seated at the front of the hall). The law requires the Planning Board to hold a public hearing on any proposed zoning bylaw prior to town meeting. Proposed zoning bylaws must be submitted to the Board of Selectmen who must transmit them within fourteen (14) days to the planning board. A two-thirds vote of town meeting is needed to enact a new zoning bylaw or amend an existing one.
Town Administrator – (Seated at the table with the Board of Selectmen). Reports to the Board of Selectmen and is responsible for implementing the policies established by the selectmen and town meeting.
Town Clerk – (Is usually seated on the right hand side of the Moderator,) must record all votes. The Town Clerk is the final authority on the town meeting record.
Town Counsel – (Is usually seated in the front of the hall). Counsel acts under the direction of the Board of Selectmen and acts in an advisory capacity to the Moderator at town meeting.
Procedures and Motions
Each article from the town meeting is read by the Moderator, who will then recognize the petitioner of the article; the appropriate town board; or committee responsible to make the main (original) motion.
The maker of motion will:
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Identify themselves by stating their name and address. |
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Make their motion. |
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Wait for the motion to be seconded by any voter, (a Question of Order; Inquiry; Personal Privilege; does not require a second). |
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Proceed to discuss their motion. |
After the maker of the motion has finished speaking, the motion is open to debate, possible amendment, and vote.
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Debate, until: 1. Moderator closes debate. 2. All persons have been heard who wish to speak. 3. The question is moved. |
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Possible amendment |
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Vote |
Subjects defeated at one town meeting may be submitted again at a later town meeting except for a defeated zoning bylaw amendment. A General Law accepted by the town bars, for two years, a resubmitting of a zoning proposal unless it has the approval of the planning board.
Stoneham Town Code
(Bylaws Governing Stoneham Town Meeting)
Section 2-2 Annual Meeting Date
The Annual Town Meeting for the election of town officers shall be held on the first Tuesday in April of each year.
Section 2-3 Annual Meeting – Adjourned Sessions
All business of the annual town meeting except for the election and the determination of such matters as by law are required to be elected or determined at the first session of such meeting, shall be considered at an adjournment thereof which adjournment shall be held on the first Monday in May at 7:30 P.M. and on the following Thursday at 7:30 P.M. and every consecutive Monday and Thursday thereafter at 7:30 P.M. until the business before the town in the annual meeting warrant is completed.
Section 2-3.1 Schedule Special Town Meeting
A special town meeting shall be held in October of each year on a date to be set by the Board of Selectmen. The warrant for the October Meeting, shall open for the insertion of articles for a period of not less than fourteen (14) days and shall be closed at least four (4) weeks prior to the scheduled Town Meeting date. Notice of the warrant open and close dates shall be published in some newspaper in the town seven (7) days after the warrant is open. All other special town meeting shall be open for the insertion of articles for a period of not less than seven (7) days and shall be closed at least (2) weeks prior to the scheduled town meeting date with notice of the open and close date in some newspaper within the town published within seven (7) days after the warrant is open.
Section 2-5 Notice
Notice of every special town meeting shall be given by posting an attested copy of the warrant calling for such meeting in at least ten public places in the town, not less than fourteen days prior to such meeting; and notice of every annual town meeting shall be given by posting an attested copy of the warrant calling such annual meeting not less than seven days prior to such meeting; and by causing such attested copy of the warrant for either the special or annual town meeting to be published in some newspaper in the town or by mailing a notice to each residence at least three days prior to the of holding such meeting.
Section 2-6 Warrants – Forwarding to the Finance & Advisory Board
Copies of all articles on the warrant for annual or special town meetings involving the expenditures of money shall be forwarded by the selectmen, within two days after the final date fixed for receiving said articles, to the finance and advisory board for its consideration.
Section 2-7 Warrants – Final date for receipt of articles for insertion
The Board of Selectmen shall annually fix the fourth Monday of February as the final date on which they receive Articles for insertion in the Warrant for the Annual Town Meeting. All Articles must be presented to the Board of Selectmen in finished form, typed on plain stationery, 81/2” x 11”, double spaced.
Section 2-8 Same – Copies for distribution at meetings
A sufficient number of the warrants together with the recommendations of the Finance and Advisory Board shall be printed for distribution at each meeting.
Section 2-9 Moderator – Presiding officer
The moderator shall preside and regulate the proceedings, decide all questions of order and make public declaration of all votes. The moderator may take all votes requiring a two-thirds majority in the same manner in which the moderator conducts the taking of a vote when a majority is required.
Section 2-10 Same – Robert’s Rules and Order
The duties of the moderator, not specifically provided for by law or these bylaws, shall be determined by the rules of practice contained in Robert’s Rules and Order, revised, so far as such rules are applicable to a Town Meeting.
Section 2-11 Speaking Generally
Every voter speaking upon a subject in any meeting shall confine his remarks to the question before the meeting, avoid personalities and be seated when he has finished.
Section 2-11.1 Maker of motion
The petitioner of an article of Town Meeting or a Special Town Meeting shall have the first option to make the motion before Town Meeting or Special Town Meeting body.
Section 2-12 Same – Attorneys employed by others
Any voter who is employed as an attorney by another interested in any matter under discussion at a town meeting shall disclose the fact of his employment before speaking thereon.
Section 2-14 Barring of nonvoters
If the moderator so orders, only voters shall be admitted to the place of meeting or to a defined portion thereof; and the checklist shall be used in the enforcement of such order.
Section 2-15 Reconsideration of vote
(a) No vote shall be reconsidered, except after the affirmative vote of two-thirds
of the voters present and voting on a motion to reconsider such vote.
(b) A motion to reconsider any vote shall be made before the final adjournment of
the meeting at which the vote was passed; provided that such motion to reconsider shall not be made at an adjourned session of the meeting unless the mover has given notice of his intention to make such a motion either at the session at the meeting at which the vote was passed or by written notice to the town clerk not more than forty-eight hours after the hours of adjournment of such session and not less than twelve hours before the hour to which adjournment was voted. A vote shall not be reconsidered a second time or after a motion to reconsider it has failed to pass.
Section 2-15.1 Secret ballot
Upon the vote of twenty-five or more persons present and voting at an annual or special town meeting, a secret ballot shall be used as the means of voting on a particular motion.
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