BYLAW CONSTRAINTS ON TOWN MEETING
STATUTORY CONSTRAINTS ON TOWN MEETING
WHO'S WHO AT TOWN MEETING
BUDGET TERMS USED AT TOWN MEETING
Contact the Town Clerk or Moderator for further information.
The Town of Lexington has a Representative Town Meeting form of
government, which can have a maximum 204 elected Town Meeting Members. It is
currently comprised of 189 members, 21
elected from each of Nine precincts. In addition, there are At-Large Members
who also may vote. They are
the Board of Selectmen, Chair School Committee, Chair Appropriation Committee, Moderator, Town
Clerk, and, if a resident, Town Counsel, Town Treasurer and any member of the
General Court from the Town.
Lexington's Town Government also includes an appointed Town Manager, and the
following elected offices: five member Board of Selectmen, five member School
Committee, a Moderator, a five member Housing Authority and a five member
Planning Board.
Town Meeting is the legislative body of the Town. It convenes, at least
annually at the time and place designated by the Selectmen. Town Meeting
considers and adopts an annual operating budget. It also considers and
acts upon other matters which require Town Meeting action such as general by-law
additions, deletions and amendments, zoning
changes, and street acceptances. The
agenda of each Town Meeting is contained in a document known as the
"Warrant" which includes articles on which the Town must act. The warrant
is mailed to all households in advance of the Town
Meeting. Articles are inserted in the warrant by the Board of Selectmen
and by Citizen Petition. The order is determined by the Selectmen unless
otherwise voted by Town Meeting.
Town Meeting is unique to New England. The following information is provided
to help you become an informed participant in this basic democratic process that
is our legislative form of government.
How to place an article on the
Annual Town Meeting
Warrant
To place a citizen article onto the Annual Town Meeting Warrant, a resident
may obtain a warrant article form at the Town Clerk's Office. This form is used
as petition for ten (10) registered voters who sign to have an article appear on
the Warrant. The Warrant for the Annual Town Meeting is opened and closed by the
Board of Selectmen. This normally takes place December. However, articles for
the Warrant may be accepted earlier than the open date
if necessary. The articles are filed and stamped in by the Board of Selectmen,
transferred to the Town Clerk's Office for certification by the Board of
Registrars, and returned to the Board of Selectmen for processing. After the articles have been placed on the Warrant for a Town Meeting, the
articles go through a series of committee and department reviews and hearings.
Different boards and committees are responsible for a report at Town Meeting of
their findings depending on whose jurisdiction the article will fall under.
For instance, all money articles are reviewed by the appropriate finance
committees, Appropriation Committee and/or Capital Expenditures Committee, at
public committee meetings that take place after the closing of the Warrant.
Citizen article sponsors should attend these meetings to explain their article
to the committee. Other residents are welcome to attend. A written report
with the committees' recommendations is given to Town Meeting Members prior to
the start of Town Meeting. As additional information becomes available
their report may be updated and supplemented before and during the meeting.
The committees also report orally when the article is addressed. More
discussion will be generated on the floor of Town Meeting before any action is
taken by the Town Meeting Members.
How to place an article on a Special Town
Meeting Warrant
From time to time, Special Town Meetings may be called
by the Selectmen or 200 registered voters to take care of
any unforeseen issues that occur between Annual Town Meetings. These
meetings are usually called over a
shorter period of time and the warrant is not open as long.
To place an article on a Special Town Meeting Warrant, residents need one
hundred signatures of registered voters and follow the same procedures as the
above.
How to enter Town Meeting Hall
Town Meetings are generally held at Cary Memorial Hall, 1605 Massachusetts
Avenue, adjacent to the Town Office
Building. Alternate locations may be designated by the Board of Selectmen
when the hall is unavailable.
Anyone may attend the meeting and any citizen may speak.
Only elected Town Meeting Members may vote.
How to be recognized to speak
- A voter may be recognized by standing and saying, "Madam (or Mr.)
Moderator." Before making any remarks the speaker must give his or
her name and address.
How to make a motion and amend an article
Only Town Meeting Members may make motions and offer
amendments.
Amendments must be presented in writing (three copies).
After discussion on the amendment the Moderator calls for a vote on the
amendment only. If passed the original motion, as amended, is voted upon.
Motions or amendments
are given to the Town Meeting Members in writing at the time of consideration
and shown on a screen readable by
all voters in the audience and watching on cable TV.
Budget questions
- Questions on the budget are
encouraged. A Town Meeting Member may speak to any line item in the
operating budget article. Amendments may be offered on each individual
line item, however the final vote on the budget article does not come until all
line items have been read.
Majority Vote
- Unless otherwise provided
by law or by-law motions require a
majority vote to carry. Only a majority vote is required for an amendment.
Declaring the Vote
- The Moderator may decide the sense of the
meeting by a voice vote. If the Moderator is in doubt, or, if the decision is questioned, a
standing vote may be called for by 20 Town Meeting Members (7 Town Meeting Members
for a 2/3 vote).
Privileged Motions
- A speaker may be interrupted only for a
point of order, a privileged motion, to serve notice of reconsideration, or a
point of information or parliamentary inquiry.
Previous Question
- Previous question is a formal motion which, if passed, cuts off debate. The
motion is not debatable.
Reconsideration
- Reconsideration
of an article is sometimes voted to address new
information or to correct an oversight or an illegality.
Display
- Presenters who wish to show slides or present other visual
material should make arrangements before the meeting with the Assistant Town
Manager.
Adjourn / Dissolve
- A meeting may adjourn to a later time and a
different place, but when a meeting is dissolved it is finished. A meeting may
not be dissolved until every article in the warrant has been acted upon.
Town Meeting Schedule
- The Annual Town Meeting for the election
of officers shall be held the first Monday in March. (The Selectmen then
determine the date of the first business session, most recently it has been
three weeks after the Annual Election.) Special Town Meetings may
be held at such times and places as the Selectmen may designate. Any meeting may
be adjourned from time to time to any place in the Town.
Warrants
- Copies of the Warrant shall be posted in the
Town Office Building and mailed to each dwelling house in the Town seven days or
more before the date of the Annual Meeting and fourteen days before a
Special Town Meeting.
The By-Laws stipulate 100 Town Meeting Members constitute a
quorum.
(Refer to Chapters 39 and 40 of the Massachusetts General Laws for Precise Wording)
The Selectmen shall insert in the warrant all articles requested in writing
by ten or more registered voters for the Annual Town Meeting and 100 registered
voters for a Special Town Meeting.
The warrant shall be published and posted at least seven days
before the Annual Town Meeting and fourteen days before a Special Town Meeting
stating the time and the place of the meeting and the subjects to be acted on.
A Moderator must be elected to preside over the meeting,
regulate proceedings, decide all questions of order, and make public declaration
of all votes. The result shall be recorded by the Clerk.
No person shall address a Town Meeting without leave of the Moderator and all
persons shall, at the request of the Moderator, be silent.
Annual Town Report - The Selectmen shall print
an Annual Report prior to Town Meeting for the use of the inhabitants.
Conflict of Interest - Elected Town Meeting
Members are not covered by the Mass. Conflict of Interest Law. The 1976
Town Meeting adopted a non-binding conflict of interest resolution.
Town Meeting Members
- Twenty-one members from
each of nine precincts,
and, currently 12 At-large members.
The Moderator
- presides over and conducts the meeting. S/He is
an elected official.
Town Clerk - Is the chief election
official, custodian of the Town's records, and recording secretary of the
meeting.
Board of Selectmen
- (5) Elected policy making body, appoints Town
Manager and compiles the warrant.
Town Manager
- Appointed by the Board of Selectmen, the Manager
is the Chief Executive Officer who prepares and submits the budget to the
Selectmen and finance committees on or before a date certain. At Town Meeting,
questions may be directed to him/her through the Moderator relating to the
budget or to warrant articles.
Finance Director
- Has primary responsibility for the budget,
reports to the Town Manager, and is an information resource at the meeting.
Appropriation Committee
- Appointed by the Moderator,
the by-laws stipulate that it shall make recommendations on the prudent
management of the financial affairs of the town. It reviews
the budget, makes recommendations on all financial matters, prepares and
distributes a printed report of its recommendations and other relevant
information, to assist Town Meeting in making final decisions.
Capital Expenditures Committee
- Appointed by the Moderator,
it reviews and makes recommendations to Town Meeting concerning capital
expenditures requests from town boards and departments that may be required
within the ensuing 5 year period. The by-laws requires that it consider the
relative need, timing, and cost of these projects, the adequacy thereof and the
effect these expenditures might have on the financial position of the town.
It makes recommendations to the Town Meeting on the current capital items on the
Warrant.
School Committee
- (5) Elected and responsible for the operation of
the educational system, prepares the school budget, appoints the Superintendent,
and defines educational philosophy and policy.
Superintendent of Schools
- Chief executive officer for
implementing school committee policy and directives.
Town Counsel
- Chief legal officer and legal advisor to
the Town
Meeting.
Planning Board
- (5) Elected board,
which, by state law is responsible for planning, zoning and subdivision control.
It advises Town Meeting on
all planning and zoning articles.
Conservation Commission
- (7) Appointed by the Manager
and approved by the Selectmen, it is charged by statute with the protection and
preservation of the Town's natural resources and the administration of the State
Wetlands Protection Act. It is
custodian of Town owned conservation land. It recommends land acquisitions to
the Town Meeting for conservation and passive recreation.
Budget
- A financial plan for a given period of time embodying
both estimates of proposed expenditures and the proposed means of financing
them.
Fiscal Year
- Cities and towns in Massachusetts operate on a fiscal
year which begins July 1 and ends June 30. The number of the fiscal year is the
calendar year when it ends.
Levy Limit
- Under Proposition 2 1/2 the maximum amount that a
community can raise in property taxes is 2 1/2% more than the maximum it was
allowed to raise for the prior fiscal year plus growth revenue.
Growth Revenue
- The amount of property tax revenue a community
can add to its tax levy by taxing new construction. It is computed using the
prior year's tax rate.
Excess Levy Capacity
- The difference between a community's
maximum tax levy limit and the amount it actually levies in property taxes.
Free Cash
- The amount of surplus revenue over and above
uncollected taxes as of July 1 of each year as certified by the State. It is
available for appropriation by Town Meeting.
Overlay
- The overlay is the amount raised by the Assessors
independently of Town Meeting as permitted by law for the purpose of creating a
fund to cover property tax abatements and avoid fractions in the tax rate.
Reserve Fund
- The fund established by the Annual Town
Meeting for extraordinary or unforeseen expenditures. Transfers from the Reserve
Fund require the approval of the Appropriation Committee.
Cherry Sheet
- Named for the cherry colored paper on which the
Massachusetts Department of Revenue traditionally printed it on, the cherry
sheet details the estimated State aid to be received by the Town along with the
County and State assessments to be paid.
Conservation Fund
- The fund established by Town Meeting several
years ago for the purpose of acquiring land for conservation purposes. The Town
has made periodic appropriations to the fund. The fund is administered by the
Conservation Commission.
Compensation Fund
- A reserve for salary adjustments that may
occur during the fiscal year. Transfers from the Compensation Fund require the
approval of the Board of Selectmen.
Override
- A referendum procedure in which a community by
popular vote can either increase its levy limit (general override) or collect
property taxes in excess of its levy limit to finance specific capital
expenditures (debt exclusion or capital outlay exclusion overrides).
