Cape Women’s Coalition in collaboration with CCYP 1 May 20, 2020 Why Town Meeting Matters Now: Holding Town Meetings During a Pandemic Michele E. Randazzo, Esq. Disclaimer 2 This information is provided as a service by KP Law, P.C. This information is general in nature and does not, and is not intended to, constitute legal advice. Neither the provision nor receipt of this information creates an attorney-client relationship between the presenter and the recipient. You are advised not to take, or to refrain from taking, any action based on this information without consulting legal counsel about the specific issue(s). History of Town Meeting in Massachusetts 3 A town meeting is when members of a community come together to enact legislation and adopt budgets for local government. Town meeting, called under the warrant of the Board of Selectmen, is the element that distinguishes a city from a town, regardless of the name used. New England town meetings are an outgrowth of Puritan parish meetings during Colonial times which were conducted in meetinghouses used for worship and town business. Initially, Town Meeting attendance was mandatory; there was no requirement to warn voters in advance of the topics or business to be conducted at the meeting. In later years, the number of meetings per year multiplied, becoming a burden to attend (for example, in Boston in 1780, there were 11 meetings lasting 40 days!) Eventually, voters objected to attending numerous special town meetings, only to find that the subjects were of no concern to them. Use of a warrant, or a “warning”, became the norm for both special and annual town meetings. Warrants are now required by law. Open vs. Representative Town Meeting 4 Currently, 259 towns have an Open Town Meeting; 33 towns have a Representative Town Meeting Open Town Meeting – any registered voter can vote Representative Town Meeting – only elected Town Meeting members may vote Available if population exceeds 6000 By Charter or special act 1915: Brookline first to become Representative Town Meeting Members are elected by voting precinct When Must a Town Hold a Town Meeting? 5 By law, a town must hold at least one town “annual” town meeting, between February – June; an essential subject of this meeting is the approval of the budget for the next fiscal year (which starts July 1) Other meetings may be scheduled throughout the year, as determined by the select board, and, in some instance, where required by citizen’s petition A significant amount of work that goes into preparing for a Town Meeting There are usually several “pre-town meeting” meetings that address specific issues to be considered at the Town Meeting Why Should I Participate in Town Meeting? 6 From the Maine Municipal Association (https://www.memun.org/Training-Resources/Local- Government/A-Guide-to-Town-Meeting): “The best and perhaps most colorful answer to this question appeared in the Biddeford Journal Tribune in March 1994: ‘If you ask why town meetings are so poorly attended, people will tell you they go if there’s something exciting on the warrant. They’ve been watching too much television. When it comes to doing your civic duty (which is the key to accountability in self-government) there’s no room for channel surfing. On town meeting day, town meeting is the only show in town.’ ‘Or they’ll say town meeting is held at the wrong time, … or that the selectmen do what they want no matter what people say. Well, the way to get things changed … is to attend town meeting and put up a fuss. And it’s no wonder the selectmen and other officials take control of municipal affairs. Somebody has to….’ ‘The purest form of democracy is participatory democracy, in which you put your butt in the chair at the meeting house or the high school gym and you have your say and you cast your vote on every last blessed item on the warrant…You might slip out for a coffee but you don’t slip out for the whole day. If you do, you’re part of the problem and somebody else is going to solve it….’” Holding Town Meeting During a Pandemic 7 The Governor’s current ban on gatherings of more than 10 people does not apply to Town Meetings There is no legal authorization to hold a “virtual” town meeting (at least not yet!), and no ability to vote on Town Meeting matters by ballot at a local election If Town Meeting is to be held during the current State of Emergency, local officials and staff are working hard to ensure that social distancing and safety protocols are observed. But this requires creativity, flexibility, and cooperation Resources 8 “Citizen’s Guide to Town Meetings,” published by the Secretary of the Commonwealth, Citizen Information Service: https://www.sec.state.ma.us/cis/cistwn/twnidx.htm www.governing.com: https://www.governing.com/topics/mgmt/267-year-old-community-tradition- Massachusetts.html The American Archivist: “New England Town Meeting,” by Benjamin W. Larrabee (1962): https://americanarchivist.org/doi/pdf/10.17723/aarc.25.2.a41x928626p71t16 Massachusetts Municipal Association: “Forms of Municipal Government”: https://41g41s33vxdd2vc05w415s1e-wpengine.netdna- ssl.com/wp-content/uploads/2017/12/FormsofGov2019-2020MassMuniDirectory.pdf “Facts about Town Meeting”: https://41g41s33vxdd2vc05w415s1e-wpengine.netdna-ssl.com/wp- content/uploads/2018/07/facts_about_annual_town_meetings_0.pdf Questions? 9 Michele E. Randazzo, Esq. KP|LAW, PC 101 Arch Street, 12th Floor Boston, MA 02110 [email protected] www.k-plaw.com.