Town Meeting, A Primer

Here we will try to explain some of the parts of as well as operational process of the “Town Meeting”. This is one of the purist forms of the democratic process in which individuals may take part in the management of their towns.The Town Meeting allows for input and direction from the residents. This of course comes with some guidelines and regulations which may differ from Town to Town but for the most part is an open process.

What is a Town Meeting?

Town Meeting is held by a call of a warrant to bring together qualified individuals to debate issues, budgets and by-laws that impact the community.

What is a Warrant?

A Warrant is a document set up to outline what will be discussed at the actual Town Meeting. The meeting must follow this document which is a series of articles which are proposals covering these issues, such as budget items, local ordinances or by-laws all relating to the Town and the direction it will take.

What do you mean by “qualified individuals” attending this meeting?

The business of the town can be conducted by those persons who are residents of the Town and also are registered voters. You may not attend and vote on any issue unless you are qualified both as a resident and you have registered to vote.

So you mean no other persons can attend?

Actually permission is given by the Moderator or the actual Town meeting body to individuals that can allow others to attend. Some of these that commonly attend are experts in the field being discussed, town employees who live outside the town and interested persons who have not yet registered to vote. In Dracut it is required that all these people sit in a designated area and wear a badge that clearly identifies them as “Guest”.
So how is the meeting actually conducted?

First in Dracut the meeting is called by our charter, the document that generally governs the conduct of our town. This is called twice a year once for the main budget primarily and once for general issues. One meeting is held in June for the upcoming budget, the other in November to primarily deal with non-budgetary issues such as by-laws, ordinances, street acceptances etc. These meetings are outlined in a warrant. This warrant lists the time, place and all issues to be discussed and voted upon.

Where does this warrant come from?

The Selectmen of the Town, by Charter, are required to call the meeting on the issues submitted by staff, voters (10 signatures by petition) and any elected body or official during these two time periods or also by the call for a Special Town Meeting should it be requested by petition during non-regularly scheduled times of June and Nov. The warrant is then listed in number by the Town Clerk who posts and provides copies of all the issues to come before the Town Meeting Body. It is then signed and so ordered by the Board of Selectmen and posted by the Town Constable as well as advertised in the local news media.

Who runs the Town Meeting?

This is the job of the “Moderator”. The moderator is an elected person who basically runs the meeting in accordance with basic parliamentary rules covered in Town Meeting Time and Robert’s rules of order to conduct the business of the meeting. It is the job of the moderator, who in almost all instances takes no position on an issue, to see to it that the debate and questions clearly have given the people present the information needed to vote on the matter. The moderator can step down on an issue that involves him/her or in the case of a tie vote may break that tie. It is also the job of the moderator to see to the orderly conduct of the meeting.

How do you vote on issues at a Town Meeting?

Usually the method of voting is a voice vote. The moderator will after providing for debate move on the article and call for a vote. Simply asking “All those in favor”, then “All those opposed”. The moderator then declares the vote for the prevailing side.

Can you vote by other than voice vote?

Yes, the moderator can declare the method of voting which can be voice, show of hands and even a ballot vote. These methods are used, when in the opinion of the moderator the need exists as the vote may be to close to call verbally. Sometimes it is obvious when there is a shouting match as opposed to a voting process.

How about other ways to vote?

The town is now considering other ways including colored paddles to be held up and possible electronic voting transmitters.

Why are there articles and motions, what is the difference?

The Article is the first presentation of a matter of business to come before the Town Meeting and always ends in the phrase, “or act in any other way relative thereto”. This gives the next step the motion a broad approach to the issue. The motion is the actual action the Town meeting will vote on and always starts with “I move that, “in a way the article is the introduction and the motion is the final word.

Who can speak on an article and present motions?

Well basically any person who is qualified to attend can do either. In some special cases the group grants permission to a non-qualified to vote person the right or privilege to speak on a matter for clarification. In most cases these are either experts on the matter or possibly an attorney or person representing the matter for a person who would be qualified to speak but for personal reasons prefers not to address the group. The moderator will always ask for the person’s name and address for the record of the proceedings.

Is this what causes the language to change from what is written in the Warrant provided?

Yes, exactly. While the articles are in the warrant the final language decided is in the wording of the motion. Now this still has to be “relative thereto” in other words close in some way to the original article but yes that is what changes and that is why the moderator reads the actual motions. So you couldn’t have an article on a fire truck and end up buying computers for the Town Hall? Exactly right the article and motion must be in the same area of consideration. This prevents motions on issues that have not been presented in the original warrant from running contrary or having nothing to do with the original intent of the Warrant Article. Sort of like getting and invitation to a birthday party and arriving and finding out it is actually a wedding. While both may be parties of sorts they sure don’t have much in common.

Can you present articles at the meeting?

No, you cannot present articles at the meeting. All articles for the meeting must be presented to the Office of the Town Clerk 45 days prior to the meeting date. You can however present motions on any article such as increasing or decreasing amounts asked for, or changing language within the motion presented. The matter simply “must” be connected to the matter at hand. It would not be in order to amend or request to change a motion on a fire truck to include and purchase 20 computers for the Town hall. That would not be considered covered by the phrase of the original article where it says “or act in any other way relative thereto”. This simply keeps the matter at hand on track.

So how long can you speak on an issue and how many times can you get up and speak?

The Town of Dracut limits debate or presentation of any person to 5 minutes at the microphone. The moderator will usually give the person a one minute warning if they are approaching the 5 minutes. A person can speak twice on an issue, no more, unless the town meeting grants permission to either extend the time or allow additional times at the microphone beyond the allowed two. The presentation is not limited to a balance of for or opposed but the right of each qualified person to speak his or her position as is their right. In some instances also it may be the prerogative of the moderator to ask for a clarification on a particular matter to assure that the voting body has the right information to vote on. The moderator will also declare the issue prior to the actual vote assuring all present are comfortable, to the best of his or her ability, to vote on the matter.

What happens if this goes on and on with many speakers?

In some sensitive issues there may be a tendency to have a great number of speakers. The moderator can accept a motion to close debate, limit debate and move the question. All of these will end the discussion and bring the matter to a vote if the body so wishes. However, it is also the job of the moderator to be mindful that everyone has sufficient facts and information on the matter.

What is a quorum?

This is the number of people required to conduct the business of the Town and which must be present and accounted for prior to any matters being taken up initially. Presently the quorum is 250 qualified people.
Can you have a meeting without a quorum?

No you can not start the process until the voting officials of the Town Clerk’s Office certify that a quorum is present.

I have been to meetings and it hasn’t looked like 250 how do you know?

The Town Clerk’s Office originally makes a count of the actual voting list from the sign in tables. After the Moderator can, if a quorum challenge is made and seconded, make a count by election officers to assure the quorum is still present. A quorum challenge however does not have to be taken up again if one was taken in a reasonable time and the challenge is simply being used to disrupt the meeting. If a challenge is made and count shows the quorum is lacking then the only matter that can be done is to recess the meeting to another date and time. In some instances a recess is called to be sure all present in the hallways and lobby have had an opportunity to be counted before the adjournment. It is not necessary to take a quorum count to check from time to time, the meeting continues until concluded, adjourned, recessed to another time or challenged.

Speaking of people who is it that makes up the town meeting?

Well first and most importantly you the qualified voters. Then most of the professional staff, Boards and Commissions, Town Clerk’s Office, Selectmen, Elected Officials, Appointed Officials, Town Counsel and the Moderator. Also if authorized Guests as well however they “do not vote”.

What are the recommendations of the motions for?

Each motion as presented when read by the moderator looks for several things;

1. Is the motion in a proper format to discuss and vote on?
2. Who has submitted the motion?
3. What are the recommendations of the Board or Committee reviewing the matter?
4. What is the position of the Chief Elected Officials?
5. What is the recommendation of the Town Manager?
6. What is the recommendation of the Finance Committee on money issues?

All of these are important where applicable as it gives you the voters a sense of the matter as viewed by your elected and appointed officials. They have of course had the opportunity in many instances to have studied the matter in depth. In some instances hearings also have been held and committees will give a report of those as well. You the voting town meeting need to have as much information as possible in the short time allotted to vote responsibly and as well informed as possible.

I have noticed that sometimes motions are presented and then several amendments are presented at the same time. How does that work with money matters?

First there must be a figure presented as the starting point on the floor. Let’s say that the motion asked for $250,000.00 for a new athletic field for the soccer team. The moderator presents the motion and then someone presents an amendment for 275,000.00 and another for $300,000.00 each representing different groups. As long as each one of these amendments is made and seconded they all now have standing on the floor. In this case the moderator will start with the higher figure. If this passes the other amendments are moot, or in other words you don’t need to deal with them. If the higher figure fails then you work your way down until one passes or they are all defeated.

Would these multiple amendments also be offered and considered for non-money issues such as zoning or ordinances?

Yes they certainly can be amended. Amendments can be offered for zoning for example increasing the number of square feet required for a lot, or may the number of unregistered cars allowed in a particular zone. It is the job of the moderator to rank these amendments accordingly and then instruct the voting body how they will vote on each issue. In some cases a higher number simply cancels the other amendments and in some instances you must amend the actual motion submitted to include the new language proposed then vote on the newly amended motion.

For example maybe the motion first asked to allow in law apartments in single residential zones, then someone makes a motion to add industrial zones and business zones. The moderator would ask for a second on the amendment. If it passed the new motion would be to allow in law apartments in residential, industrial and business zones. Then the voters would act on this new motion as amended.

It seems confusing how can I get another explanation or repeat of what is going to be voted on?

Great question, if for any reason you are not sure simply ask. The moderator will repeat the motion before the body and explain as reasonably as possible what a yes vote will do and what a no vote will do. Do not be afraid to speak up as it is pretty sure that if you don’t understand others as well are confused. This is your meeting, your town so you should feel free to speak up and be heard. That is truly what an Open Town Meeting is all about. It is the moderator’s job to be sure you have the facts.

This document has been provided by Gary McCarthy, Town Moderator, on October 31, 2007.