Town Moderator Home Page

Town Moderator - Home Page

65 East Main St.
Avon, Ma 02322
Phone: 508-588-0414
Fax: 508-559-0209

Description:

From the Massachusetts General Laws:

Chapter 39: Section 15. Moderators; powers and duties.

Section 15. The moderator shall preside and regulate the proceedings, decide all questions of order, and make public declaration of all votes, and may administer in open meeting the oath of office to any town officer chosen thereat. If a vote so declared is immediately questioned by seven or more voters, he shall verify it by polling the voters or by dividing the meeting unless the town has by a previous order or by by-law provided another method. If a two thirds, four fifths or nine tenths vote of a town meeting is required by statute, the count shall be taken, and the vote shall be recorded in the records by the clerk; provided, however, that a town may decide by by-law or vote not to take a count and record the vote if a two-thirds vote of a town meeting is required by statute; and provided, further, that if the vote is unanimous, a count need not be taken, and the clerk shall record the vote as unanimous.

A town may pass by-laws, subject to this section, for the regulation of the proceedings at town meetings. Such by-laws shall be approved and published in the manner prescribed by section thirty-two of chapter forty.

In any town having a representative town meeting form of government the town meeting members shall not use the secret ballot when voting in the exercise of the corporate powers of said town or on any motion unless two thirds of the town meeting members present and voting thereon vote that a secret ballot be used.

Chapter 39: Section 17. Powers of moderator; preservation of order.

Section 17. No person shall address a town meeting without leave of the moderator, and all persons shall, at the request of the moderator, be silent. If a person, after warning from the moderator, persists in disorderly behavior, the moderator may order him to withdraw from the meeting, and, if he does not withdraw, may order a constable or any other person to remove him and confine him in some convenient place until the meeting is adjourned.

Chapter 39: Section 18. Duties of moderators; reception of votes.

Section 18. The moderator shall receive the vote of any person whose name is on the voting list or who presents a proper certificate from the registrars of voters.

Glossary of Terms Used at Town Meetings

AVAILABLE FUNDS: (Often referred to as FREE CASH) A fund certified annually by the State Bureau of Accounts by deducting from Surplus Revenue all uncollected taxes for prior years. This fund may be used by vote at the Town Meeting.

OVERLAY: The Overlay is the amount used by the Assessors in excess of appropriations and other charges for the purpose of creating a fund to cover abatements granted and avoiding fractions.

RESERVE FUND: This fund is established by the voters at an Annual Town Meeting only and may be composed of (a) an appropriation (not exceeding 5 percent of the tax levy of the preceding year); (b) money transferred from Overlay Reserve; or (c) both. Transfers from the Reserve Fund are within the exclusive control of the Finance Committee and are extraordinary and unforseen expenditures.

CHERRY SHEET: A summary of the State and County financial charges and reimbursements to the Town as certified by the State Director of Accounts; so called because the paper is cherry red.

STABILIZATION FUND: This money (not to exceed 10 percent of the amount raised in the preceding year by taxation) set aside in interest bearing accounts for future capital outlay expenditures, e.g., buildings or remodeling of Town buildings. Total accumulated Fund shall not exceed 10 percent of valuation.

GUIDE TO PROCEDURE AT TOWN MEETING

From the Town Moderator: "Procedure at Town Meetings shall be governed by the general rules of parliamentary procedure, except as modified by law..." (Art. 11, Sec. 4: Code of By-Laws). It is hoped that this checklist will provide a guide for our meeting and perhaps eliminate some of the mystery surrounding parliamentary procedure.

TO VOTE

1. Be checked off voting list.
2. Sit in voting section of the hall.
3. Signal in prescribed way.

TO QUESTION VOTE

1. Stand, be recognized, question with at least seven (7) other voters.

TO REQUEST SECRET VOTE

1. Be recognized, make motion.
2. Seconded.
3. Majority vote.
4. Only allowed on appropriations (money articles).

TO MAKE A MOTION

1. Be recognized, state name and address.
2. Must conform to article under discussion.
3. Must be in writing (presented to the Moderator).
4. Seconded and debated.
5. Voted by majority.

TO SECOND

1. Call out "I second the motion."

TO AMEND

1. Be recognized.
2. Make motion (also present in writing to Moderator).
3. Seconded, amendment debated.
4. Voted by majority.
5. Only two (2) amendments per main motion.

TO STOP DEBATE FOR VOTE

1. Be recognized, state "I move the previous question."
2. Seconded, no debate.
3. Voted by 2/3 majority.

TO RECONSIDER

1. Anyone may make motion.
2. Be recognized, make motion.
3. Seconded and debated.
4. Made no later than one (1) hour after final vote.
5. Voted by 2/3 majority.

TO QUESTION DECORUM OF MEETING

1. Rise and state "Point of Order."
2. Moderator rules on point.

TO TAKE AN ARTICLE OUT OF ORDER

1. Be recognized, make motion.
2. Seconded, debated.
3. Voted by 4/5 majority.

TO ADJOURN

1. Be recognized, make motion.
2. Seconded, no debate.
3. Voted by majority.