BillericaNews, Billerica, MA, General By-Laws, Article I

1.1.1.C. Town Meetings are to commence at 7:30 PM and shall continue by adjourned sessions on consecutive Tuesday and Thursday evenings until all of the business in the warrant has been acted upon.

1.1.1.D. Town Meeting may waive consecutive session provisions as to any particular Tuesday or Thursday by a two-thirds vote.

1.1.2. QUORUM: The presence of at least one hundred and twenty-one (121) Town Meeting Representatives shall be necessary to constitute a quorum at Town Meeting; provided that a number less than a quorum may, from time to time, adjourn the session.

1.1.2.A. Within twenty minutes from the time at which the Town Meeting is scheduled to begin; either as stated in the warrant as issued by the Board of Selectmen or in the case of an adjourned session as stated by vote, a quorum count shall be called.

1.1.2.B. If fewer than a quorum of Town Meeting Representatives are present, the session shall forthwith stand adjourned.

1.1.3. Notice of Town Meetings - The Town Clerk shall notify the Town Meeting Members of the time and place at which Town Meetings are to be held, the notice to be sent by mail at least seven days before the meeting is to convene. The notice shall also state that copies of the full warrant are available at the office of the Town Clerk.

1.1.4. At the first session of the Annual Spring Town Meeting, the Representative in each of the respective precincts shall elect one of their number to act as Chairman of that precinct for a term of one year.

1.2. RULES

1.2.1. When a question is under debate, only the following motions shall be accepted:

1.2.1.1. To lay on the table

1.2.1.2. Move the question

1.2.1.3. To refer to committee

1.2.1.4. To postpone to a time certain

1.2.1.5. To adjourn to a time certain

1.2.1.6. To amend

1.2.1.7. To postpone indefinitely

1.2.1.A. The above motions shall have precedence in the order in which they are named.

1.2.2. No speaker may make a motion to "MOVE" the question immediately after speaking on the same question.

1.2.2.A. When an amendment to the question is under debate, no motion shall be received to move the previous question on the main motion. However, a motion to move the question on the amendment shall be accepted.

1.2.3. After a voice vote, if the decision of the Moderator is doubted, or a division of the house called for by seven or more Town Meeting Representatives, the Moderator shall require all persons in the house to be seated.

1.2.3.A. The question shall then be distinctly stated and those voting in the affirmative and negative, respectively, shall be requested to rise and stand in their places until they are counted by the Moderator or Tellers.

1.2.3.B. No person shall be counted who does not comply with the request to occupy a seat.

1.2.4. The Moderator may require any motion to be put in writing.

1.2.4.A. Any motion which is of a complicated nature, or of unusual length, and every amendment shall be in writing.

1.2.5. The Town Meeting members shall receive any substantial wording changes to a warrant article by the beginning of the session preceding the session which said article is to be voted on.

1.2.5.A. The Moderator will decide whether or not an article substantially differs from it’s printing in the warrant.

1.2.5.B. If the proponent fails to submit said changes within the aforementioned time limit, the only action which shall be considered is postponement to a time certain or dismissal.

1.2.5.C. Town Meeting may by 2/3 vote override section 2.5 B if the amended article is available at least one (1) hour prior to the session at which the original article is to be heard.

1.2.5.D. If an article proposes to amend an existing Town Bylaw, the warrant shall include both the original and the amended bylaw.

1.2.5.E. If an article references Federal or State law, a summary thereof shall be included in the warrant.

1.2.5.F. A complete copy of the referenced Federal or State law shall be made available to Town Meeting.

1.2.5.G. No part of section 2.5 is meant to prevent amendments from the floor of Town Meeting.

1.2.6. No person shall be permitted to speak without first obtaining leave of the Moderator.

1.2.6.A. Every person speaking shall stand and address the Moderator.

1.2.6.B. They shall confine themselves to the question under debate, avoiding personalities.

1.2.7. The Moderator shall permit only Town Meeting Representatives to enter upon the floor of any Town Meeting.

1.2.7.A. The Moderator may designate areas to be occupied by guests and/or Town Officers.

1.2.8. The Moderator shall appoint Tellers for every Town Meeting.

1.2.9. The Moderator shall not recognize anyone rising to speak who has already spoken on the question under debate if there are others who wish to speak that have not spoken, except for the purpose of an explanation or the correction of a mistake.

1.2.10. Motions for reconsideration must have a two thirds vote to pass.

1.2.10.A. No motion for reconsideration shall be accepted after one (1) hour of Town Meeting time has elapsed after the vote.

1.2.11. All committees shall be appointed by the Moderator unless otherwise directed by Town Meeting.

1.2.12. Any portion of the minutes of Town Meetings shall, if requested, be read by the Town Clerk before adjournment.

1.2.12.A. If the requested portion is of unusual length, it may be delivered in writing and in a timely manner.

1.2.13. The duties of the Moderator not prescribed by Statutes or by the Town bylaws, shall be governed by the general rules of parliamentary law, so far as they may be adopted by Town Meeting.

1.3. ELECTIONS

1.3.1. The Annual Town Election for the election of Town Officers, Town Meeting Representatives and for the determination of all other matters being referred to the voters shall be held on the first Saturday in April.

1.3.1.A. If the first Saturday in April falls on the day before Easter, the annual Town Election shall automatically be moved to the second Saturday in April.

1.4. WARRANT ARTICLES

1.4.1. SCHEDULE: Articles for the Town Meeting Warrant must be received by the Board of Selectmen at least forty-five (45) days prior to the beginning of Town Meeting. The Chairman of the Board of Selectmen shall deliver a copy of these Articles to the Town Clerk at least twenty-eight days prior to the beginning of Town Meeting.

1.4.2. POSTING OF: The Warrant for all Town Meetings shall be directed to any of the Constables of the Town. They shall post attested copies of the Warrant in a public place in each precinct, and any other public place as may be directed by the Selectmen. The posting shall be at least seven (7) days prior to the date of the semi-annual Town Meeting and at least fourteen (14) days before a Special Town Meeting.

1.4.3. NOTIFICATION: The Town Clerk shall notify, via U.S. mail, each member of the Finance Committee that the Clerk’s Office is in receipt of the Town Warrant from the Board of Selectmen.

1.4.4. MONEY ARTICLES: All Town Meeting Articles which propose to raise and appropriate, transfer from available funds and/or borrow a sum of money, shall specifically stipulate the maximum dollar amount to be raised and appropriated, transferred from available funds and/or borrowed. No motion shall be received that will increase the aforementioned amounts. The aforementioned restrictions shall not apply to the annual omnibus line item budget articles and any article which purpose is to reduce the tax rate via a transfer from free cash.

1.5. FINANCE COMMITTEE

1.5.1. APPOINTMENTS: The Moderator, upon the final adjournment of each Spring Town Meeting, shall appoint a Finance Committee consisting of eleven (11) regular members and two (2) associate members for a term of three (3) years as their terms expire. All members will be citizens of the Town of Billerica, and not Town Officers.

1.5.2. VACANCIES: A vacancy occurring other than by expiration of a term, shall be filled for the unexpired term by the Moderator.

1.5.3. EX-OFFICIO MEMBER: The Town Accountant shall serve in an advisory capacity as a non-voting member of the Finance Committee.

1.5.4. MEETINGS

1.5.4.A. Upon being notified by the Town Clerk that the Warrant has been received in that office, the Finance Committee Chairman shall call a meeting of the committee not less than 48 hours nor more than 72 hours after receipt of notification.

1.5.4.B. The committee shall meet on the first Tuesday of March and September and other times as necessary for the purpose of considering sub-committee reports as to the Town’s financial affairs.

1.5.5. DUTIES: The committee shall carefully consider each warrant article and prepare a written report of their investigations.

1.5.5.A. The report shall state if they do or do not recommend the article for passage by Town Meeting and their reasons for so doing.

1.5.5.B. The Committee shall have access to all books and records of the Town that they deem necessary to fulfill their duties and obligations.

1.5.5.C. If the report is not unanimous, a minority report may be filed.

1.5.5.D. Public Hearings - All articles contained in the Warrant for a Town Meeting shall be referred to the Finance Committee for its consideration before any action shall be taken on any such matter by the Representative Town Meeting. Prior to each Town Meeting, the Finance Committee shall hold one or more Public Hearings to permit public discussion of the subject matter of each warrant article. Notice of such public hearings shall be by publication in a local newspaper at least seven days before the hearing is scheduled to take place. A copy of said notice shall be mailed to the first named petitioner for each article contained in the Town Meeting Warrant. It shall be the duty of the petitioners for any warrant article which would require the expenditure of Town funds to provide to the Finance Committee at the said public hearing an estimate of the sum of money necessary to fund the warrant article and proposed funding source.

1.6. COLLECTIVE BARGAINING AGREEMENTS

1.6.1 AVAILABILITY: Copies of all contracts, in their entirety, entered into with employees of the Town pursuant to collective bargaining, shall be made available to the following persons at least seven (7) days before the Town Meeting is to vote on the question of appropriating funds to implement the said agreements:

1.6.1.1. Town Moderator,

1.6.1.2. Town Accountant,

1.6.1.3. Chairman, Finance Committee,

1.6.1.4. Chairman, Personnel Board,

1.6.1.5. All Town Meeting Representatives.

1.6.1.A. If a motion to appropriate any such funds is made without seven (7) days having elapsed, the question shall be postponed until the next session of the Town Meeting held after such period has elapsed.

1.6.1.B. Accompanying all such contracts shall be a document highlighting the changes from the previous contract and the estimated total cost of each change over the life of the contract, the changes from the previous contract and the estimated total cost of each change over the life of the contract, shall be placed on file in the following locations at least seven (7) days before any are to come before the Town Meeting for any action:

1.6.1.B.1. Town Administrator,

1.6.1.B.2. Town Clerk,

1.6.1.B.3. Town Library.

1.7. PROPOSED BUDGET - SUBMISSION TO FINANCE COMMITTEE

1.7.1. At least sixty (60) days before the town Meeting is scheduled to meet in its Spring session, the Town Administrator shall file with the Finance Committee and provide for publication of, a proposed operating budget for the ensuing fiscal year, as provided for in section 5-3 of the Charter.

1.7.2. The School Committee shall submit its proposed budget as required in section 5-2 of the Charter at least thirty (30) days before the date the Town Administrator shall file his report with the Finance Committee.

1.7.2.A. Notwithstanding the said date for formal submission, the Town Administrator may, insofar as it is practical for his to do so, submit preliminary information and data to the Finance Committee in advance of such date, in order to assist it in the performance of it’s duties.

1.8. DEFINITIONS:

1.8.1. Quorum: Equals 121 Town Meeting Representatives.

1.8.2. Town Meeting Representatives: Refer to section 2-5 of the Town Charter under Representative Town Meeting Members.

1.8.3. Moderator: The Presiding Officer at Town Meeting.

1.8.4. Regular Member: A voting member.

1.8.5. Associate Member(Fin Com): An alternate member who only votes in the absence of a regular member, refer to section 8-4(k) of the Town Charter.

1.8.6. Session: A portion of Town Meeting.

1.8.7. Special Town Meeting: A Town Meeting called by the Board of Selectmen which is other than the Spring or Fall Town Meetings.

1.8.8. Officer: Executive Branch Members as defined by section 3-1a of the Town Charter.

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Home Page	General By-Laws - Article I
Date:	October 1997
Location:	Town of Billerica, Massachusetts