Introduction to the Rules of Town Meeting
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ACIR Best Practices Guidelines - Public Meetings
ACIR Advisory Commission on Intergovernmental Relations Best Practices Guidelines Updated 1-28-2021 - Declaration of Public Health and Civil Preparedness Emergencies Public Meetings Public meetings are gatherings of public bodies - social and recreational gatherings, to which multiple Executive orders address are not. Accordingly, municipal officials should, when contemplating a municipal meeting, adhere to the Executive Orders (including remote access) addressing public meetings only. • Public meetings bring diverse groups of stakeholders together for a specific purpose. Public meetings are held to engage a wide audience in information sharing and discussion. They can be used to increase awareness of an issue or proposal, and can be a starting point for, or an ongoing means of engaging, further public involvement. When done well, they help build a feeling of community. (EPA) • The Office of Legislative Research (OLR) in a 2016 report (2016-R-0099) identified 149 instances in the statutes that required some form of public notification by a municipality. There are multiple instances where public notification is optional or where the statutes apply to a specific entity - including municipalities. - Three basic types: Regular, Special and Emergency. Statutory References of Note • Chapter 14 - Freedom Of Information Act, Sec. 1-200 - 1-242 Inclusive • Title II of the ADA which covers activities of State and local governments requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities .. • Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving Federal financial assistance. -
In the Supreme Court of the United States
No. 20-804 In the Supreme Court of the United States HOUSTON COMMUNITY COLLEGE SYSTEM, PETITIONER v. DAVID BUREN WILSON ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT BRIEF FOR THE UNITED STATES AS AMICUS CURIAE SUPPORTING PETITIONER ELIZABETH B. PRELOGAR Acting Solicitor General Counsel of Record BRIAN M. BOYNTON Acting Assistant Attorney General CURTIS E. GANNON Deputy Solicitor General SOPAN JOSHI Assistant to the Solicitor General MICHAEL S. RAAB LEIF OVERVOLD Attorneys Department of Justice Washington, D.C. 20530-0001 [email protected] (202) 514-2217 QUESTION PRESENTED Whether the First Amendment prohibits an elected body from adopting a censure resolution in response to a member’s speech. (I) TABLE OF CONTENTS Page Interest of the United States....................................................... 1 Statement ...................................................................................... 1 Summary of argument ................................................................. 6 Argument: A. The First Amendment did not abrogate the long- standing power of elected bodies to discipline their members, including by censure ...................................... 8 B. An elected body’s censure resolution against a member is governmental speech that does not infringe that member’s free-speech rights ................. 17 C. This Court need not address circumstances beyond the mere censure of a member of an elected body ..... 21 Conclusion ................................................................................... 25 TABLE OF AUTHORITIES Cases: Block v. Meese, 793 F.2d 1303 (D.C. Cir.), cert denied, 478 U.S. 1021 (1986) ...................................... 19 Bogan v. Scott-Harris, 523 U.S. 44 (1998) .......................... 16 Bond v. Floyd, 385 U.S. 116 (1966) ...................................... 20 Chapman, In re, 166 U.S. 661 (1897) ................................... 11 Garcetti v. Ceballos, 547 U.S. 410 (2006) ............................. 24 Gravel v. -
16 Things Every Citizen Should Know About Town Meeting
16 Things Every Citizen Should Know About Town Meeting By H. Bernard Waugh, Jr., with 2015 Update by Cordell A. Johnston This article, written by H. Bernard Waugh, Jr., then NHMA Legal Counsel, first appeared in Town and City magazine in February, 1990. It has been updated by Cordell A. Johnston, NHMA Government Affairs Counsel, where necessary. Although this article was first written before the adoption of “SB 2,” and therefore contemplated only the “traditional” form of town meeting, almost everything in it applies to SB 2 town meetings as well. * * * * * * We keep hearing it in New Hampshire: “Town meetings don’t work anymore.” “They’re an anachronism.” “They’re rigged.” “Nothing important is decided there.” But these are self- fulfilling prophesies. Local voter apathy feeds on itself. It’s not all apathy, either. This article assumes that part of the problem is good old honest ignorance: people who’ve moved in from places without town meetings; young people who grew up in families with no tradition of participation for them to absorb; people who for years have heard their cynical friends telling them they can’t make a difference and never bothered to find out the truth. This is for them, and you. Officials and others receiving this magazine should feel free to share or reproduce this article for other voters. An informed town is in everyone’s interest. In the end, nobody benefits from voter ignorance. 1. Every Voter Is a Legislator. Those quaint sayings about town government being a “pure democracy” are true! State law refers to the town meeting as the “legislative body” (RSA 21:47). -
KYT Guide to South Hadley Town Meeting
KNOW YOUR TOWN A Guide to South Hadley Town Meeting To educate and participate Founded in 1947 by Margaret Saunders, Know Your Town (KYT) is a nonpartisan organization that seeks to acquaint townspeople with the resources the Town of South Hadley has to offer and the various issues and functions of town government. KYT A Guide to South South Hadley Town Meeting A Guide to South Hadley Town Meeting I. HISTORY The Town Meeting has remained the basis of town government in New England and parts of New York State since early colonial times. South Hadley’s elected Town Meeting representatives have the privilege and responsibility of being involved in town government through their participation in Town Meeting. South Hadley changed its Town Meeting from an open form to a representative form in 1933. II. QUALIFICATIONS and ELECTION A. Any registered voter may run for election as a Town Meeting member from his/her own precinct. Nomination papers, obtained from and returned to the Town Clerk, must be signed by at least 50 registered voters. At least 10 of these registered voters must be from your own precinct. B. Town elections are held every year on the first Monday in April. One-third of the total number of precinct representatives is elected each year to three-year terms. C. Town Meeting members serve without pay. III. THE TOWN REPORT The Town Report gives a complete account of the previous year’s Town Meeting, including the budget and voting results for each article. The Report also includes similar information from any special town meeting, as well as the annual reports from department heads, boards, committees and commissions. -
Chapter 121. MEETINGS and ELECTIONS
MRS Title 30-A, Chapter 121. MEETINGS AND ELECTIONS CHAPTER 121 MEETINGS AND ELECTIONS SUBCHAPTER 1 GENERAL PROVISIONS §2501. Applicability of provisions Except as otherwise provided by this Title or by charter, the method of voting and the conduct of a municipal election are governed by Title 21‑A. [PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD); PL 1989, c. 104, Pt. D, §2 (RPR).] 1. Clerk to perform duties of Secretary of State. When Title 21‑A applies to any municipal election, the municipal clerk shall perform the duties of the Secretary of State prescribed by Title 21‑A. [PL 1989, c. 104, Pt. C, §10 (NEW); PL 1989, c. 104, Pt. D, §2 (NEW).] 2. Qualifications for voting. The qualifications for voting in a municipal election conducted under this Title are governed solely by Title 21‑A, section 111. [PL 1989, c. 104, Pt. C, §10 (NEW); PL 1989, c. 104, Pt. D, §2 (NEW).] 3. Determining and counting write-in votes. A municipality may choose the method of determining and counting write-in votes according to this subsection. Once a municipality has voted to accept the option under this subsection, the option applies to all municipal elections until the municipal officers hold a public hearing and the legislative body of the municipality votes to rescind the option at least 90 days before the next election of candidates by secret ballot. A. After the municipal officers hold a public hearing, at least 90 days prior to an election of candidates by secret ballot, the legislative body of a municipality may vote to be governed by the provisions of Title 21‑A, section 696, subsection 2, paragraph C and Title 21‑A, section 722‑A. -
Censure of Board Members Policy Code: 2118
Censure of Board Members Policy Code: 2118 It is the policy of the Board of Education that all Board members conduct themselves in a professional manner and in accordance with the Code of Ethics adopted by the Board. A "censure" under this policy is the process by which the Board of Education, acting by a two-thirds majority vote (i.e. five affirmative votes), can reprimand or condemn the actions of a member for any violation of law or policy or any other conduct committed by a Board member which tends to injure the good name of the Buncombe County Board of Education and/or undermines the effectiveness of the Buncombe County Schools or the Board of Education. A censure is an expression of formal disapproval by the Board. The Board, in addition to or in lieu of censure, may vote to 1) ask the member to resign or 2) refer possible misconduct by a Board member to the District Attorney as provided by law and/or 3) issue the Board member an official warning regarding future conduct. The Board of Education does not have the legal authority to remove a Board member from office. Therefore, any legal consequences or punitive sanctions related to a Board member’s actions shall be in accordance with applicable law and shall be separate and distinct from any censure proceeding under this Policy. In the event that a member of the Board of Education believes that a fellow Board member should be formally censured by the Board, the following protocol shall apply: 1) All Board proceedings related to a censure motion, with the exception of the disclosure of confidential information as permitted by the Open Meetings Law, shall be conducted in an open meeting. -
Points of Order; Parliamentary Inquiries
Points of Order; Parliamentary Inquiries A. POINTS OF ORDER § 1. In General; Form § 2. Role of the Chair § 3. Reserving Points of Order § 4. Time to Raise Points of Order § 5. Ð Against Bills and Resolutions § 6. Ð Against Amendments § 7. Application to Particular Questions; Grounds § 8. Relation to Other Business § 9. Debate on Points of Order; Burden of Proof § 10. Waiver of Points of Order § 11. Withdrawal of Points of Order § 12. Appeals B. PARLIAMENTARY INQUIRIES § 13. In General; Recognition § 14. Subjects of Inquiry § 15. Timeliness of Inquiry § 16. As Related to Other Business Research References 5 Hinds §§ 6863±6975 8 Cannon §§ 3427±3458 Manual §§ 627, 637, 861b, 865 A. Points of Order § 1. In General; Form Generally A point of order is in effect an objection that the pending matter or proceeding is in violation of a rule of the House. (Grounds for point of order, see § 7, infra.) Any Member (or any Delegate) may make a point of order. 6 Cannon § 240. Although there have been rare instances in which the Speaker has insisted that the point of order be reduced to writing (5 633 § 1 HOUSE PRACTICE Hinds § 6865), the customary practice is for the Member to rise and address the Chair: MEMBER: Mr. Speaker (or Mr. Chairman), I make a point of order against the [amendment, section, paragraph]. CHAIR: The Chair will hear the gentleman. It is appropriate for the Chair to determine whether the point of order is being raised under a particular rule of the House. The objecting Member should identify the particular rule that is the basis for his point of order. -
Citizen's Guide to Town Meetings
Citizen’s Guide to Town Meetings An Important Message for all Massachusetts Town Residents The purest form of democratic governing is practiced in a Town Meeting. In use for over 300 years and still today, it has proven to be a valuable means for many Massachusetts taxpayers to voice their opinions and directly effect change in their communities. Here in this ancient American assembly, you can make your voice heard as you and your neighbors decide the course of the government closest to you. This booklet outlines the forms and procedures used in Massachusetts Town Meetings. As the Commonwealth's information officer, I urge you to read it and make use of it as you engage in the debates and votes that give shape to your Town Government. William Francis Galvin Secretary of the Commonwealth Introduction Each town has a different way of running its Town Meeting, depending on its bylaws or charter. Sometimes the customs and traditions are written down; sometimes they are not. This guide is a general outline of the Town Meeting Basics, some of the procedures may be used in one town and not another. This guide is not intended to be an all inclusive text, but a broad overview designed to encourage you to find out more and attend your own Town Meeting. If you have any questions regarding the specific procedures employed by your town, please contact your Town Clerk or Town Meeting Moderator. Questions and Answers about Town Meetings Town Meeting Basics What is a Town Meeting? A Town Meeting is both an event and an entity. -
Town Meeting Handbook
TOWN MEETING HANDBOOK A GUIDE FOR BROOKLINE TOWN MEETING MEMBERS 2021 EDITION Parliamentary Guide Second Vote May May Rank Motions Debatable Amendable Required Required Reconsider Interrupt PRIVILEGED MOTIONS 1 Dissolve (adjourn sine die) Yes No No Majority No No 2 Adjourn to a fixed time Yes Yes Yes Majority No No 3 Point of no quorum No No No None No No 4 Fix t h e t i m e t o ( or a t )Yes Yes Yes Majority Yes No which to adjourn 5 Questions of privilege No No No None No Yes SUBSIDIARY MOTIONS 6 Lay on the table Yes No No 2/3 Yes No 7 The previous question Yes No No 2/3 No No 8 Limit or extend debate Yes No No 2/3 Yes No 9 Postpone to a time certain Yes Yes Yes Majority Yes No 10 Commit or refer Yes Yes Yes Majority Yes No 11 Amend or substitute Yes Yes Yes Majority Yes No 12 Postpone indefinitely Yes Yes No Majority Yes No INCIDENTAL MOTIONS Point of order No No No None No Yes Same rank as Division of a question Yes Yes Yes Majority No No motion Separate consideration Yes Yes Yes Majority No No out of Withdraw o r m o d i f y No No No Majority No No which it a motion arises Reconsider or rescind Yes * No Majority No No MAIN MOTIONS None Main motion Yes Yes Yes Varies Yes No None Take from the table Yes No No Majority No No None Advance an article Yes Yes Yes Majority Yes No * Debatable at the discretion of the Moderator Adapted from Town Meeting Time, Johnson, Trustman and Wadsworth, Massachusetts Moderators Association, 3rd Edition (2001). -
Chapter 1 Adjournment
Chapter 1 Adjournment A. GENERALLY; ADJOURNMENTS OF THREE DAYS OR LESS § 1. In General § 2. Adjournment Motions and Requests; Forms § 3. When in Order; Precedence and Privilege of Motion § 4. In Committee of the Whole § 5. Who May Offer Motion; Recognition § 6. Debate on Motion; Amendments § 7. Voting § 8. Quorum Requirements § 9. Dilatory Motions; Repetition of Motion B. ADJOURNMENTS FOR MORE THAN THREE DAYS § 10. In General; Resolutions § 11. Privilege of Resolution § 12. August Recess C. ADJOURNMENT SINE DIE § 13. In General; Resolutions § 14. Procedure at Adjournment; Motions Research References U.S. Const. art. I, § 5 5 Hinds §§ 5359–5388 8 Cannon §§ 2641–2648 Manual §§ 82–84, 911–913 1 VerDate 29-JUL-99 20:28 Mar 20, 2003 Jkt 000000 PO 00000 Frm 00010 Fmt 2574 Sfmt 2574 C:\PRACTICE\DOCS\MHP.001 PARL1 PsN: PARL1 §1 HOUSE PRACTICE A. Generally; Adjournments of Three Days or Less § 1. In General Types of Adjournments Adjournment procedures in the House are governed by the House rules and by the Constitution. There are: (1) adjournments of three days or less, which are taken pursuant to motion; (2) adjournments of more than three days, which require the consent of the Senate (§ 10, infra); and (3) adjourn- ments sine die, which end each session of a Congress and which require the consent of both Houses. Adjournments of more than three days or sine die are taken pursuant to concurrent resolutions. §§ 10, 13, infra. Adjournment Versus Recess Adjournment is to be distinguished from recess. The House may author- ize a recess under a motion provided in rule XVI clause 4. -
TITLE III TOWNS, CITIES, VILLAGE DISTRICTS, and UNINCORPORATED PLACES CHAPTER 40 GOVERNMENT of TOWN MEETING Moderator
N H R S A C h a p t e r 40 P a g e | 1 TITLE III TOWNS, CITIES, VILLAGE DISTRICTS, AND UNINCORPORATED PLACES CHAPTER 40 GOVERNMENT OF TOWN MEETING Moderator Section 40:1 40:1 Election. – Every 2 years commencing in 1978 or 1979, as applicable, a moderator shall be chosen by ballot, by plurality vote. The moderator so chosen shall assume office upon the adjournment of the regular town business meeting held in that year in accordance with RSA 39:1 or 39:2-a and upon qualification for office, whichever is later. The moderator shall serve through the adjournment of the regular town business meeting 2 years following the moderator's election and until the qualification of a successor, whichever is later. The election of the moderator in a town shall be at the annual meeting in every even-numbered year. The election of moderators in city wards shall be at every other regular city election. Source. RS 33:3. 1847, 490:2. CS 35:3. GS 36:3. GL 39:3. PS 42:1. PL 46:1. RL 58:1. RSA 40:1. 1977, 435:1. 1979, 410:6, eff. July 1, 1979. 1996, 64:2, eff. July 1, 1996. Section 40:2 40:2 Vacancy. – [Repealed 1979, 410:2, II, eff. July 1, 1979.] Section 40:3 40:3 Pro Tem. – If the moderator is absent from any meeting or is unable to perform the duties of the office of moderator, a moderator pro tempore shall be appointed in like manner. Source. -
2021 VLCT Legislative Preview
Issue No. 1 Inside This Issue Looking Ahead to a Socially Distanced Session 1 Looking Ahead to a The pandemic-centered general election is way behind us. In Vermont, there Socially Distanced was no controversy surrounding re-election of Governor Scott, who garnered Session 68.8 percent of the vote, a significant mandate. That is a good thing as he and his administration continue to use science and a calm demeanor to guide 2 Town Meeting 2021 us through the COVID-19 crisis. While much will be different in the 2021 3 Equity, Inclusion, and legislative session, a lot will mirror the past. Leadership in both the House Social Justice at the and Senate will change, but committee chairs – and, therefore, both their Local Level priorities and perspective on issues important to local officials – are likely to remain similar to those of the previous biennium. 4 The Vermont Budget – What it Means for Local Governmentss At least in the first few months, the session will continue to be conducted remotely. One important advantage of this practice is that anyone can watch 8 Public Safety committee meetings or legislative action from the safety of their home (or 10 Cannabis public WiFi location, if your personal internet remains inadequate). Committee meetings and House and Senate action are streamed live via 11 Transportation Issues Zoom video conferencing and posted on YouTube, where you can watch 12 Self-Governance in either live or later. You will find the hyperlink to the meetings on the top of 2021: Thriving each committee’s agenda webpage on the legislature’s easy-to-navigate Municipalities in Post- website, https://legislature.vermont.gov/.