The Vermont Institute for Government THE MEETING WILL COME TO ORDER

A VOTER’S GUIDE TO TOWN MEETING PROCEDURE

ince 1762, Town Meeting has been the basic system of Warning and Notice for Town Meeting S governance for Vermont towns. State law requires that Town mation about when polls open and The annual meetings are held in Meetings be warned for thirty to for- how to get an absentee ballot. most towns in the state on the first ty days. The warning and notice Tuesday of March. Fire districts, are posted in at least three public Getting Articles on the Warning school districts, villages, even some places in town, including the town The warning for Town Meeting is prepared by the Select Board; it in- cities hold meetings at which voters clerk’s office. They are published in a newspaper of general circulation cludes articles proposed by the have an opportunity to speak and be at least five days before the meet- Board that deal with town busi- heard and vote on budgets and other ing, unless the town puts it in the ness. Sometimes articles sug- articles affecting the life of the town report. gested by individual townspeople municipality. The warning and notice an- will be included on the warning; These “meetings” aren’t meetings nounce the date, time, place, and otherwise, voters may petition to of Select Boards or other municipal agenda of the meeting. They also have articles added to the warning bodies. Town Meetings are meetings give information on voter registra- for consideration at the Town Meet- ing (as long as the subjects of the of the voters, where binding action tion, including the cut-off date articles are not illegal, frivolous, or can be taken based on warned for applying for addition to the checklist (which is always at beyond the authority of the electo- articles on the floor, usually after noon on the third Saturday pre- rate). Petitions must be signed by debate or discussion. ceding Town Meeting day). If the five percent of the voters on the Town Meeting is the one time of Australian ballot is used, the checklist, and the town clerk must the year when voters are in charge; warning and notice provide infor- Select Boards and other town continued on page 2 officials get their marching orders on appropriations and policy. If you don’t go to Town Meeting, you can’t beef about what goes on during the The Basic Law of Town Meetings rest of the year. Some people go to Town Meetings in Vermont are governed by Robert’s Rules of Order*, as Town Meeting and leave in amended by several state laws: frustration. They are put off by the ◆ formality of the meeting. They don't Only warned articles can be considered at Town Meeting. No articles understand the basic rules of or subjects may be raised that did not appear on the warning. parliamentary procedure, and may be ◆ Once an article has been decided, whether voted up or down, it can- embarrassed to ask how to frame a not be reconsidered after the assembly has taken up work on an- motion, make an amendment, or ask other article; for an article to be reconsidered a new warning and for a paper ballot vote on a question. meeting are required. ◆ While Robert’s Rules require a majority vote to request a paper bal- This pamphlet was developed to lot, state law permits seven voters to request one (unless the town provide the basic rules on the has adopted a higher threshold for paper ballots). conduct of town and other municipal Robert’s Rules of Order are published in various editions (references in meetings. Knowing how it all this pamphlet are based on the 1990 edition). Buy and read the latest works—how motions are handled, edition. Stick with it; the time you spend will be worth the effort. Re- the role of the moderator, voting member to bring your copy of Robert’s Rules to Town Meeting, and don’t methods, and more—is critical for hesitate to use it to raise issues of procedure with the moderator. anyone who wants to play an active part in the Vermont Town Meeting. *A town may adopt some other rules of order if it chooses.

PAGE 1 continued from page 1 Usually the election of a moderator If there are three or more candi- receive petitions at least forty cal- is the first order of business at dates and, after three votes, no endar days before Town Meeting. Town Meeting; the moderator some- candidate receives a majority vote, A petition should begin with the times steps down for this election, the candidate with the fewest votes statement “We, the undersigned to avoid any appearance of a con- is dropped from nomination. This voters of the town, hereby petition flict, and a member of the Select process continues until there are the Select Board to add the follow- Board conducts the election. For two candidates which, with the ex- ing article to the warning for the the other officers, the moderator ception of a tie, will lead to a ma- annual meeting:”. This statement oversees the formalities. Selectper- jority vote for one of the candi- should appear on each page of the sons, listers, and auditors must be dates. In the case of a tie, no petition. elected using paper ballots; the oth- choice is made and another vote is Examples of articles that might ers may be elected by voice vote. taken. be added to the warning by peti- The moderator first announces tion include a request for an ap- Voting propriation for a social service or- ◆ Three voting methods are used ganization, a proposal to change at Town Meeting. The most com- the size of the Select Board, a re- Get plenty of mon is the voice vote, also called quest that the delinquent-tax col- viva voce. The moderator asks lector be put on salary in lieu of those in favor of the motion to fees, or a recommendation that signatures to say “aye” and then those opposed budgets be voted by Australian ballot in the future. A petitioned ensure that a to say “no,” and then announces article might set a time for Town the outcome of the vote. Another Meeting to begin, change the loca- sufficient number version of this kind of voting is a tion of the town polling place, show of hands by each side. If change the town from a calendar any voter disagrees with the mod- to a fiscal year, or require the town of names on your erator after the vote is an- plan to be approved by the electo- nounced, the voter may ask for a rate rather than the Select Board. petition are legiti- division or standing vote. Petitions may also cover political If seven or more voters disa- subjects of interest to petitioners, mate voters on the gree with the moderator after this but must do so in an advisory way. vote is announced (or if they For example, an article might sug- checklist and that would prefer begin the voting gest that the electorate support or with a ballot vote), they may call oppose a particular bill, urge the for a paper ballot. Sometimes a legislature to adopt or prohibit the petition will something, or send a message to checklist and a ballot box are the governor, the president, or survive a challenge used in this method; sometimes even the United Nations, express- tellers simply collect the ballots ing its position on a particular is- and count them on a table in sue. by the town. front of the room. Don’t waste your time trying to ◆ remove a public officer or to re- The Role of strain the school board from enter- ing into a contract with teachers that the floor is open for nomina- the Moderator by a petitioned vote. Some things tions. No second is required, ac- The moderator serves as pre- voters simply don’t have the au- cording to Robert’s Rules, though siding officer at Town Meeting; it thority to do. many towns still require a second. is the moderator’s job to maintain Make sure your petition has a The moderator allows a reasonable order, to put motions to a vote of place for each voter’s signature amount of time for nominations to the assembly, and to rule on all and printed name and address. be made, and then asks for a mo- Get plenty of signatures (in addi- tion to close nominations. This is votes and other questions of or- tion to the minimum) to ensure one of the motions that requires a der. A moderator manages the that a sufficient number of names two-thirds vote, although it is usu- proceedings by serving as the on your petition are legitimate vot- ally done without a standing or central, focal point of the meet- ers on the checklist and that the paper ballot count. ing. All motions and remarks petition will survive a challenge by If only one candidate has been should be addressed to the mod- the town. nominated for any office, including erator, who has the right to order those that require a paper ballot, an unruly voter or visitor to the Elections the moderator may ask the assem- meeting to withdraw, on penalty Many smaller Vermont towns bly for a motion for the clerk to cast of a $200 fine. still elect officers at Town Meeting. one ballot for the nominee. This Ensuring that only voters cast This process begins with an article speeds things along and allows the ballots is another job of the mod- that lists the positions to be filled. body to get on to the next order of erator. Sometimes voter cards business. continued on page 4 PAGE 2 Basic Parliamentary Motions

Discussion and decision making main motion, but the moderator may made, it is a motion to object to con- at Town Meeting are based on mo- accept two amendments on the floor sideration of the question, and it tions, which set the assembly into at any time. As soon as one is takes a two-thirds vote of those action. Following are some basic adopted or defeated, another may be present and voting. If offered after a motions used at Town Meeting: made to take its place. If two main motion is made it is a motion amendments have been debated and to postpone indefinitely and only a The Main Motion no others are raised, the moderator simple majority is required. presents the last amendment first This motion is used to convert ar- for a vote, then the other amend- Division ticles as they appear on the warning ment. The main motion is then into proposals the assembly can con- amended by the amendments that Occasionally an article has more sider, perhaps amend, and vote on. have passed, and debated and voted than one part. Voters may want to An article to, for instance, “see what on accordingly. consider the parts separately, and so sum the town will raise for high- may move to divide the question. ways,” needs to be changed into an Take an article to “abolish the office active proposal. A voter recognized Point of Order/Appeal of delinquent-tax collector and by the moderator might say, “I move If you don’t understand a ruling transfer those duties to the consta- the town appropriate $120,000 for of the moderator, speak up, saying ble, who will be paid a salary for this highways.” The main motion re- “Point of order, Mr. (or Ms.) Modera- service and the eight percent penalty quires a second, and is then ready tor.” After the moderator recognizes will be paid to the town general for debate. you, ask your question. If you disa- fund.” A voter may move to divide gree with the moderator’s ruling, you the question into two parts, one on The Amendment may appeal his or her decision. The abolishing the office and having the moderator is obligated to ask the as- constable collect the tax and the oth- Amendments propose to change sembly, “Shall the moderator’s deci- er on what to do about compensa- the main motion. In our example, a sion be sustained?” If a majority of tion. If a majority of the voters agree voter might say, “I move to amend voters say “no,” the ruling is over- to the division, the moderator takes the main motion to read ‘$100,000 turned. up each part separately, as though for highways.’ ” After being second- there were two articles. ed, debate on the motion then shifts Passover to the amendment. When debate is Limit or Cut Off Debate over and there are no further Sometimes it becomes clear to amendments pending, the moderator voters that they don't want to vote If voters feel that debate on a cer- will put the amendment to a vote. If “yes” or “no” on all article; they tain article could go on all night if it passes and there are no other mo- would prefer to not vote on the arti- some control mechanism were not tions, the main motion as amended cle (main motion) at all. Traditional in place, someone might move to is voted on. Vermont Town Meeting practice calls limit debate, say to a total of twenty Robert’s Rules recognize that vot- this a motion to pass over; Robert’s minutes. If two-thirds of the voters ers can make any number of amend- Rules treat this as two motions. If agree, debate can be so limited. In a ments before finishing work on the offered before a main motion is case where debate has gone on long enough—voters have made up their minds but some people are still re- peating the basic arguments—a vot- er could move to cut off debate. Proper Amendments Again if two-thirds of voters present ◆ and voting agree, debate will end and a vote will follow. Robert’s Rules Remember that a Town Meeting can’t take up an issue unless it is calls the motion to cut off debate a warned. The same general principle applies to amendments. You can’t “previous question” motion. take an article to buy a truck and amend it to buy a road grader, because Adjourn the amendment raises a subject that hasn’t been warned. For the same Voters at Town Meeting may make reason, you can’t convert an article to raise money by taxes to an article to a motion to adjourn at any time; a borrow money to pay something. simple majority is required to pass the motion. Often the motion to ad- Amendments must be germane to the motion they seek to amend, journ appears as the last article on meaning that the amendment relates to the motion. An amendment can- the warning, and while there’s often good reason to try to complete the not introduce a new and independent question or raise an issue (disguised agenda, sometimes it’s just too late as an amendment) previously decided by the assembly. to continue. The meeting may ad- journ to another day, if the motion specifies the time of reconvening.

PAGE 3 continued from page 2 eration is allowed without the are required, which are distributed ◆ permission of the Board. to voters at the door and held high The Board may submit a ques- to signal the casting of a vote when Ensuring that only tion for reconsideration and re- one is called. In other cases, the vote as many times as it chooses, moderator may isolate nonvoters voters cast ballots is except in the case of bond votes. by requiring them to stand in a A Board may not submit the special section of the room. Con- another job of the same capital improvement to a sulting checklists at the door or bond vote more than twice in the when paper ballots are called also same twelve-month period. helps ensure that only legitimate moderator. Validation allows for smooth- voters cast votes. ing over procedural problems in Sometimes voter the warning or the conduct of the Non-Voters at election. Either by petition or by cards are required, motion of the Board, an article to Town Meeting validate the action of a meeting There may be situations when a which are asks the voters to decide, “Shall nonvoter will be asked to speak at the action taken at the meeting Town Meeting. This might be a distributed to of this town [or city, village, superintendent, a legislator, or school district, or other] held on someone with expertise in a par- voters at the door [date] in spite of the fact that ticular area. These people do not [state error or omission], and any have a right to participate in Town act or action of the municipal of- Meeting; only if no voters object and held high to ficers or agents pursuant thereto may they speak. be re-adopted, ratified, and con- The moderator will say, “If no signal the casting firmed?” one has an objection, we will let the superintendent answer that of a vote when one Other Business question.” If a voter does object, State law explains that, “The the moderator will call for a vote is called. article entitled ‘other business’ on the question, and a two-thirds shall not be used for taking bind- vote will be required to permit the ◆ ing municipal action, and the nonvoter to speak. moderator shall so rule.” Some ation have to submit a petition to moderators will not entertain any Reconsideration the Board no later than thirty motion when the town gets to and Validation days from the date of the first vote “other business” on the warning. Reconsideration is required if or be bound forever to the out- Others may allow non-binding voters wish to take another look at come of the initial vote. The peti- motions, such as a motion to rec- an article already voted on at tion needs the signatures of at ognize the hard work of Town Town Meeting. By Vermont law, least five percent of the checklist, Meeting organizers. this has to happen at a separate and only one petition for reconsid- meeting from the one where the original vote was taken, if the as- sembly has finished its work on The Vermont Institute for Government the article and begun work on an- ◆ other. If the body chooses, howev- er, before taking up another arti- cle, it may vote to reconsider an The Vermont Institute for Government (VIG) is a nonprofit corporation dedicated to improving educational opportunities for local officials and article just voted (up or down), by the public. VIG encourages the use of the information in this pamphlet a formal motion, second, discus- for the education of Vermonters. Credit should be appropriately given to sion, and vote first to reconsider VIG. the action just taken and then–if a For more information on any of the material contained in this pamph- majority agrees with a new vote– let contact: on the article itself. Otherwise, a Select Board may Vermont Institute for Government order a new vote on its own mo- 617 Comstock Rd., Suite 5 tion at any subsequent town meet- Berlin, VT 05602-9194 ing, but voters seeking reconsider- 223-2389

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