Monday, November 21, 2016

Article II of Templeton General By-Laws; Town Meeting.

Section 6. All articles in any warrant for a town meeting shall be referred to the Advisory Committee for its consideration. The Selectmen after drawing any such warrant shall transmit immediately a copy thereof to the chairman of said committee. A public hearing shall be held, upon all such articles, unless a public hearing by some other tribunal is required by law, and a notice of such hearing shall be given by inserting in the local newspaper. Said committee shall, after due consideration of the subject matter of such articles, report thereon to the town meeting, in writing, such recommendations as it deems best for the interests of the town and its citizens. Copies of the report of the Advisory Committee shall be made available to the voters at least two days before town meetings and at all town meetings.

Section 17. The most current issue of TOWN MEETING TIME is to be considered the general guideline for all procedures of town meetings, except those procedures already provided for by the by-laws.

I believe the Templeton by-laws allow for the Advisory Committee to put it's recommendations on a table (s) outside of Town meeting hall, as in before you sign in and enter Town Meeting, where the Moderator presides, not outside of Town Meeting. Also people are free to bring into town meeting said recommendations to have has reference material when a vote or discussion comes up. Any interference in this practice seems to be a violation of town by-law and an infringement on democracy, in my opinion. Perhaps that needs to be asked of a municipal lawyer and/or the Secretary of the Commonwealth.

posted by Jeff Bennett
Massachusetts General law - powers of the moderator

Section 15. 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. 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. 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.

posted by Jeff Bennett

At tonight's selectmen workshop, John Columbus blamed the Advisory Committee for their financial problem and the fact that a majority of town meeting attendees did not vote for an article the selectmen proposed; to take $87,500.00 out of the Town's stabilization fund to cover the selectmen screw up. A financial mistake, misstep, error or problem is not new for Templeton, but as the chairman of the board of selectmen when the FY 2017 expense spread sheet was prepared for presentation to town meeting, John Columbus has to own that one. The Advisory Committee has seven members, so even if we all raised both hands, we could not make that vote happen, the people did that. He also made a comment about some unauthorized information at town meeting and I plan on asking for an explanation of that remark. I heard a $200,000.00 shortage for 2017 and I will ask for clarification on that too.

posted by Jeff Bennett