Town Meeting Times, which is embedded in Templeton town bylaws, selectmen: when it comes to selectmen role in town meeting, their part actually comes at the beginning, where they set the time and place of town meeting and prepare and submit town meeting warrant with articles "warning residents of upcoming meeting and what will be discussed. After that, selectmen have no real role in town meeting other than as individual voters. Of course people look to the selectmen to do certain things, but it is possible to have a town meeting without them. All that is actually required for a town meeting is a properly executed warrant, a clerk, a moderator and voters.
Templeton does have a town bylaw concerning the budget;
§ 28-7
Preparation by Administrator and Board.
[Amended 5-19-2014; 11-20-2019 STM by Art. 7; 6-17-2020 ATM by Art. 9]
It shall be duty of the Town Administrator, in conjunction with the Select Board (Board), to consider expenditures and develop a budget for the ensuing fiscal year of the several boards, officers and committees of the Town, as prepared by them in such form and detail as prescribed by the Town Administrator, and further to present and defend the same throughout the review process and to the Town Meeting for action.
So, other than budget, selectmen in theory could be told to address meeting by way of microphones on town floor like the rest of the residents. The moderator runs town meeting, not the selectmen and they probably need to be reminded of that often!
Procedural rulings at town meeting are made by the moderator and the moderator is not bound by town counsel opinion. (one must always remember town counsel gives opinions, they are not law, and Templeton town counsel has been wrong numerous times to date.)
Town Meeting needs to be taken out of the Selectmans control. It is not designed to be controlled by the executive branch.
ReplyDeleteClarification regarding the fact that by our own bylaws the Town Counsel works to support the Selectboard, not "the town taxpayers". The last 3-4 lines of 47-4 says who He works for:
47-4 B : It shall be the duty of the Town Counsel to conduct the prosecution, defense or compromise of claims, actions and proceedings to which the Town is a party, and the prosecution of actions or proceedings by or on behalf of any Town officer, board or committee as such; to conduct the defense of any action or proceedings brought against any Town officer, board or committee as such when the Board, having determined that any right or interests of the Town are or may be involved therein, shall so request; to conduct proceedings brought by or against the Assessors before the Appellate Tax Board; to assist in the prosecution of complaints for violation of any bylaw of the Town, when requested so to do by the board or officer enforcing the same, to examine and report upon titles to all land to be acquired by the Town; to prepare or approve contracts, bonds, deeds, and other legal instruments in which the Town is a party or in which any right or interest of the Town is involved; to appear at any and all hearings on behalf of the Town whenever his services may be required; and generally to advise and act for the Town officers, boards and committees upon and in legal matters touching the duties of their respective offices.