[0:00] Welcome to the Fair Haven Town Meeting overview. My name is Mark Sylvia. I'm [0:05] the Fair Haven Town moderator and today we're going to walk through what town [0:11] Meeting does, how it functions, and share information on procedures and [0:18] rules for town meeting. In this overview, we'll cover the following [0:24] forms of local government. What does town meeting do? forms and frequency of [0:30] town meeting, how town meeting actually works, who the other participants are, [0:36] and what resources are available to learn more about the town meeting [0:40] process and how it works in Fair Haven. So, let's start with forms of local [0:46] government in Massachusetts. In Massachusetts, there [0:49] are 351 cities and towns. That's broken down into 59 cities. Many we're familiar [0:56] with like New Bedford, Fall River, and Boston. But there are others that have a [1:02] council manager form of government such as Franklin, Lel, and Worcester. There [1:07] are also 292 towns. In all 292 towns, there are select boards. Some have town [1:15] managers or town administrators or executive secretaries. But in certain [1:20] instances, towns either have an open town meeting form of government or a [1:25] representative town meeting form of government. In Massachusetts, that's [1:29] broken down to 260 towns have open town meeting and 32 have representative town [1:38] meeting. Fair Haven happens to be one of those communities that has a [1:42] representative town meeting. So, we now know there are two [1:46] different town meetings. There's the open town meeting and the representative [1:50] town meeting. Open town meeting is where any [1:54] town resident who is a registered voter can go and vote. And a representative [1:58] town meeting is one where you elect representatives to go to town meeting [2:04] and vote on your behalf. So, as I mentioned, Fair Haven's a representative [2:08] town meeting, but in either case, open or representative, what exactly does [2:12] town meeting do? Well, town meeting is the legislative body for towns in [2:18] Massachusetts. In cities, they have city councils. In towns, they have town [2:22] meeting. And if you can believe it, we have well over 400 years of history of [2:26] town meetings in Massachusetts with the first town meeting happening in Plymouth [2:31] in 1622. Town Meeting is a local legislative body [2:36] that has the power to create or amend town bylaws, zoning bylaws, adopt the [2:44] budget, or approve other spending priorities. To boil it down more [2:50] specifically, the Secretary of State Citizens Guide to Town Meeting, which is [2:54] a a great reference, identifies three things specifically [2:59] that town meetings do. They set the salaries for elected officials. They [3:04] vote to appropriate money to run the town. And they vote on the town's local [3:08] statutes, which in towns are called bylaws. As I mentioned earlier, there [3:13] are two types of town meeting. Representative, which is fair haven, and [3:17] open, which by example, a Kushnet, Matapo, Marian, and Rochester all have [3:22] open town meeting form of government. Forms and frequency of town meeting [3:28] include with representative town meeting. You elect town meeting members [3:32] and that's again Fair Haven is the example. They're elected by precinct. In [3:37] Fair Haven, we have six precincts and so there are town meeting members elected [3:40] from each of those six precincts. They serve for a specified [3:45] term. So the standard term for a town meeting member is three [3:49] years. Only elected town meeting members may vote at a town meeting. That's what [3:53] makes it representative is that you have to be elected as a town meeting member [3:57] to actually vote at town meeting. And the number of town meeting members in [4:01] Fair Haven is set by special act. We are the largest representative town meeting [4:08] in the Commonwealth of Massachusetts. As it relates to open [4:12] town meeting, as I mentioned, any town voter may vote at a town [4:17] meeting. The frequency of town meetings are regardless of whether you're an open [4:23] town meeting or a representative town meeting is there is always an annual [4:27] town meeting. And that's primarily to set the budget for the next fiscal year. [4:33] And from time to time, there may be special town meetings. And it's called [4:36] special town meeting because they're not planned like the annual town meeting. [4:40] But there are instances where town meeting must vote on matters related to [4:45] the town. And so a special town meeting may be called. All right. So, we talked [4:50] about forms of town meeting, representative versus open, how town [4:55] meeting members participate in the process. Now, let's talk a little bit [4:59] more specifically about how town meeting works. A little more detail on annual [5:05] versus special town meetings. Annual town meeting, every town must have an [5:09] annual town meeting and it's typically held between February and May. It can be [5:16] in June, but that requires a special act or charter to specify that. And the [5:21] whole reason why you want it done um well before July 1st is because July 1st [5:26] is when the fiscal year starts. The annual town meeting is always called by [5:30] the select board and there is a requirement of 7 days notice prior to [5:37] the actual town meeting happening. So, the warrant, which I'll go into more [5:41] detail in a few minutes, is the notice to the town that they're having this [5:46] meeting, and it must be posted at least seven days prior to holding that [5:50] meeting, and that's under state statute. I also mentioned special town [5:55] meetings. That's anything in addition to annual town meetings. They may be called [6:01] at any time during the year. They can be called either by the select board or [6:06] upon request by 200 registered voters. So there are two pathways there for a [6:11] special town meeting to be called. And unlike the annual, it requires 14 days [6:16] notice. And the reason why is people don't anticipate a special. They know [6:21] when their annual is, but if you have a special, that's usually something [6:25] unique. And so they want more time to notify the public of that actual [6:30] meeting. So let's talk a few minutes about town meeting members and what [6:33] their responsibilities are. So as I mentioned previously in a representative [6:38] town meeting form which fair haven is members are elected by their precinct to [6:42] vote on articles that come before annual or special town [6:46] meetings. Those town meeting members represent the citizens in their [6:50] precincts and certainly vote on matters that will affect their precincts as well [6:55] as the entire town. And it's the responsibility of town meeting members [6:59] to debate articles and make motions that they feel are important on any topic [7:06] that's in the warrant. So a town meeting member comes to town meeting, they're [7:10] representing their precinct, they also have the perspective of the whole town [7:14] and they actually debate and ultimately vote on all of the matters that come [7:19] before them. It's a pretty important responsibility. Now, some interesting [7:23] town meeting facts about Fair Haven. We have approximately [7:27] 429 elected town meeting members, the majority of which are divided among the [7:32] six precincts, but there are also atlarge town meeting members like [7:35] members of your select board or the school committee. It's also interesting [7:39] that if the state representative or state senator for the district lives in [7:44] Fair Haven, they automatically become town meeting members. Town meeting [7:47] members in Fair Haven generally serve for three-year terms and they're [7:51] staggered a third, a third, a third. quorum for that town meeting is 100 town [7:55] meeting members and as I mentioned earlier fair haven actually has the [7:59] largest representative town meeting in Massachusetts. So we talked broadly [8:04] about responsibilities of town meeting members. We talked about the difference [8:08] between open town meeting and representative town meeting. So let's [8:13] talk a little bit more specifically about Fair Haven. in Fair Haven's town [8:17] meeting um and the town as a whole were divided into six precincts. So there are [8:23] six voting precincts in the town and so town meeting members are elected from [8:28] each of those six precincts. Prior to a town meeting um [8:34] there are precinct meetings for each one of those [8:37] precincts. In those meetings they you would elect a chair. If there are any [8:42] vacancies in your precinct for town meeting, you can fill vacancies at that [8:46] precinct meeting. Um, or you can also discuss any of the town meeting articles [8:52] that are on the warrant or really any issues that you want to bring up related [8:56] to your precinct. As I mentioned, you elect a chair. The role of the chair for [9:00] each precinct is to call and organize those precinct meetings, conduct those [9:06] meetings. Each precinct has two appointments to the finance committee. [9:11] It's the chair that makes those appointments and then the chair [9:14] communicates. They're the communicator. They're the coordinator between the [9:18] precinct and the town moderator and the town clerk on any town meeting related [9:23] issues. So, it's an important role. Um, it's one that is a resource to all of [9:28] the town meeting members in that precinct. And it's one that uh is [9:33] elected each year at a precinct meeting. So, we talked about town meeting [9:38] members, we talked about the precincts. So let's spend a few minutes on the role [9:42] of the town moderator. So the town moderator is the person who presides [9:47] over the town meeting. They're responsible for the orderly conduct um [9:52] of those town meetings. Uh that includes ensuring that there's equal emphasis on [10:00] the rules that any determination of um questions regarding points of order or [10:08] uh the rules and procedures that the moderator interprets them evenly and [10:12] equitably. Um the town moderator declares the outcome of all votes um and [10:17] will determine matters of procedure. That's a definition that's in state [10:22] statute. The moderator role is established by state law. So every town [10:26] that has a town meeting has an elected moderator and that moderator's duties [10:30] and responsibilities are outlined in state law and can also be further [10:34] defined in local bylaws or charter. The moderator is elected to a three-year [10:40] term. In Fair Haven, in addition to uh presiding over town meeting, the [10:45] moderator also has certain appointing authority responsibilities. So in Fair [10:50] Haven, the town moderator jointly appoints the atlarge member of the [10:54] finance committee along with the chairman of the finance committee and [10:58] the chair of the select board. And the moderator also jointly appoints um the [11:04] two Fair Haven members to the Greater New Bedford Regional Vocational [11:07] Technical High School Committee along with the chair of the school committee [11:12] and the chair of the select board. It's also the case that from time to time the [11:17] moderator may be designated as the appointing authority for special [11:21] committees and so in Fair Haven most recent example of that is the charter [11:25] committee town meeting through a article on the warrant authorized and approved [11:31] the creation of a charter committee and as part of that designated the moderator [11:37] as the person who would be the appointing authority for the charter [11:40] committee. So, those are some of the roles and responsibilities of the town [11:44] moderator. So, now let's talk about the actual warrant. You've heard me talk a [11:48] little bit about the warrant in this presentation. So, it's important to not [11:53] only understand what the warrant is, but how the warrant is organized. So, the [11:59] warrant is actually the agenda for town meeting. It is defined in state law. [12:05] Just to give you a few of those highlights. Under state law, the warrant [12:10] is what every town meeting must be called through. So in other words, that [12:14] is the agenda. That is what has to be posted 7 days before the annual or 14 [12:21] days before the special. It lists all the matters to be voted on at town [12:26] meeting as well as specifies the date, time, and location. And so anything that [12:31] is not on that warrant cannot be taken up at town meeting. And then it's [12:36] important to emphasize that the warrant is actually prepared by the select [12:41] board. At the end of the day, it's the select board that determines generally [12:46] what is going to be included on the warrant from a town meeting. The only [12:51] difference is petitioned articles, which I'll get into in a moment. But [12:54] ultimately the select board organizes the warrant and then signs it. Which [12:58] means once it's signed by the select board and it's posted, that's it. It [13:02] cannot be changed after that. So what are those agenda items that are included [13:08] in the warrant? They're actually called articles and they're in order. So in [13:13] this example that you can see here, there's article one, article 2, article [13:17] 3. Those are each of the items to be voted on at town meeting and they're [13:21] referred to as articles. As I mentioned, the warrant is intended to be there to [13:27] warn the voters of the matters that are going to be discussed. And the articles [13:30] are those specific matters. And as I mentioned previously, [13:35] those are the only items that can be acted on at a town meeting and must be [13:40] acted on through what's called a motion. Once a motion is made and seconded on [13:44] any one of these articles, then town meeting members can debate them and then [13:48] vote on them. In addition to that warrant, what else do town meeting [13:52] members get to prepare for town meeting day? So there are a number of things [13:57] that are provided to town meeting members. It is the case on an annual [14:01] basis certainly that town administration, the moderator, town [14:05] meeting members, precinct chairs identify ways to improve the materials [14:09] that are provided to town meeting members. But in general, town meeting [14:12] members will receive the town warrant and report of the finance committee, [14:16] which also includes a letter from the town moderator. There are instances [14:20] where fiscal information is provided by the finance director. And all of that is [14:24] mailed to town meeting members and made available on the town website at the [14:29] precinct meetings that are held. Motions are distributed. Many times motions will [14:34] be distributed in advance of town meeting at the preview and any updates [14:40] on the day of town meeting also provided um on the town's website and at these [14:46] precinct meetings updates may be shared with town meeting members. On the day of [14:49] town meeting, there's also material that's provided in the lobby included [14:54] updated motions, other materials regarding articles, and then the town's [14:59] annual report, which is something that's approved by town meeting, and also [15:03] provided the day of town meeting. So, there is a lot of information that's [15:06] provided. There is information that's posted on the town moderator page, the [15:10] town meeting page, and information that's provided through the select board [15:15] and the finance committee. So, we now know what the warrant is. We know what [15:20] articles are. We know what materials are provided. I just want to run through [15:26] with all of you what to expect the day of town meeting. So, what are the town [15:30] meeting procedures that we follow whenever we have an annual town meeting [15:34] or a special town meeting? So, the first order of business is always to call the [15:38] town meeting to order. We need to indicate that a quorum of town meeting [15:43] members are present and that the warrant that agenda has been properly posted. At [15:47] the annual, we'll do opening ceremonies. We don't typically do that for a special [15:51] town meeting because they're smaller and they're usually on week nights, not on [15:56] Saturdays like the annual. As moderator, I'll provide instructions to town [16:00] meeting members and offer procedural motions uh so that we have rules of [16:04] procedure outside of Robert's rules, which of course is what helps to guide [16:09] us. But we create some of our own rules to make town meeting more efficient and [16:14] equitable. We'll then have the chair of the select board and chair of finance [16:19] committee typically make opening statements. We will then go into any [16:24] other procedural motions regarding the warrant that are required or any other [16:28] instructions. And then we move into article presentations, debates, and [16:33] votes. And so we go through each article in the warrant. There's a motion and a [16:37] second. There's presentation on that article, debate and then we vote and [16:41] then the final order of business in any town meeting is to adjourn. So I talked [16:46] about uh rules of procedure and so there are a number of different rules that [16:51] govern how town meeting operates. Our bylaws reference Robert's rules of [16:58] order, which lays out how you make a main motion, how you amend that main [17:03] motion, what different um other motions can be made procedurally like indefinite [17:08] postponement. Our bylaws indicate that we generally follow Robert's rules of [17:12] order. There are also state laws that drive or direct how we vote at a town [17:18] meeting. That includes that zoning bylaws and borrowing authority uh in [17:24] each instance require twothirds of town meeting members to vote favorably in [17:28] order for those to pass. And a bill of prior year, which is a bill from a [17:31] previous fiscal year, depending on if it's at the annual or the special, state [17:35] law defines what that quantum of vote is. For an annual, it's four-fifths of [17:40] those present in voting and for a special, it's 9/10. And then we have [17:44] traditions. Some of those traditions we adopt through rules of procedure at the [17:50] beginning of town meeting and others are traditions that we follow um that have [17:56] been traditions passed on from town meeting to town meeting. And some of the [18:00] examples of traditions are uh whenever we vote on a fiscal item, we always vote [18:06] on the higher figure first. It's also a tradition that the select board [18:10] generally make all main motions and the finance committee second those motions. [18:14] Those traditions have been followed for decades and are um part of what makes up [18:21] the town meeting rules that we follow. It's important I think that we also take [18:25] a few minutes to talk about when we actually take up an item, how do you do [18:29] that? How do you make motions? How do you make changes? And how do you [18:35] ultimately vote on a particular article? So a motion as it's defined is a formal [18:41] proposal by a member to take certain action. So in other words, if and we [18:46] used an example here, article 10 from a previous town meeting. It was community [18:50] preservation program fire escapes. The article itself reads exactly what action [18:56] is being asked of for a town meeting to take and who's asking for that and how [19:02] much. So you can see in the article language itself, it explains an amount [19:06] of money to be transferred from a previous town meeting to fund a [19:11] particular project at the Fair Haven High School. Then it explains who's [19:15] asking for that money, in this case the community preservation committee, how [19:18] much is being requested and what's being recommended by, in this case, this the [19:24] select board and the finance committee. So that's the article, but in order to [19:27] actually take action on that article, somebody needs to make a motion. That's [19:32] the specific formal proposal for town meeting to take. And so the motion in [19:37] this instance reads below move adoption and that the the town vote to transfer [19:43] that sum of money. It specifies where it comes from and then any other [19:48] requirements in that motion. So at the end you see it reads however that no CPC [19:54] funds may be spent until the school committee obtains the necessary [19:57] additional funds to complete the project. So all of that is in the motion [20:00] that is ultimately what town meeting is being asked to vote on. So that motion [20:06] gets made. There needs to be a second from someone and as I mentioned [20:10] previously under town traditions typically the select board would make [20:13] this motion. It would be seconded by the finance committee. Likely the community [20:20] preservation committee might make a presentation on it. And then once that [20:24] presentation is done, it is left to town meeting to debate and ultimately vote on [20:30] it. So town meeting members can get up, they can speak in favor, they can speak [20:34] in opposition and then ultimately once debate is exhausted or someone moves the [20:39] question, we then go to a vote and then I will say all those in favor say I. [20:44] those opposed and then I will call what that outcome is and we'll move on to the [20:49] next article. So that's what a motion ultimately does. I mentioned debate, [20:54] right? So the motion is made, then it's seconded and then there's debate. As I [20:58] mentioned, there's typically a presentation, not always, sometimes. And [21:03] then town meeting members can get up, they can ask questions, they can speak [21:08] in favor or in opposition, or they can offer other motions. So that's how it [21:14] works with town meeting. Let's take a few minutes to just talk about some of [21:18] the other participants that play an important role um in support of what [21:23] town meeting does. The first that I'll mention here is the select board. As I [21:27] mentioned previously, the select board, they play many roles in the town meeting [21:32] process. First, they call the annual town meeting annually. They also can and [21:37] typically call a special town meeting as needed unless a citizen's petition does [21:42] that. They issue the warrant, meaning they spend the time putting that warrant [21:46] together. They review all of the articles and typically we'll make [21:50] recommendations on every article and then they sign the warrant and it gets [21:55] posted which means at that point nothing else can be added to the warrant and [22:00] that's what's going to be discussed and debated at town meeting. In addition to [22:04] the select board, the finance committee plays a very important role in the town [22:09] meeting process. The finance committee, there's one in every town, every [22:14] municipality. It's established by statute. It defines in state law what [22:20] the function of the finance committee is, which is to review the town budget [22:25] and any other finance related issues and make recommendations to town meeting. In [22:31] some instances and in some towns, it's broader than just reviewing financial [22:35] matters. Uh the town of Plymouth, as an example, has what's called an advisory [22:39] and finance committee. They review every article, regardless of whether it has a [22:42] financial impact, and make recommendations to town [22:46] meeting. For Fair Haven, our finance committee is made up of 13 members. Two [22:52] are appointed per precinct and one at large. Uh the precinct members are [22:57] appointed by the precinct chair for that precinct and as I mentioned before the [23:02] atlarge appointment is made by the combined votes of the moderator the [23:06] finance committee chair and the select board chair. The finance committee [23:09] reviews all financial articles and makes a report to the annual town meeting. [23:13] They make recommendations on all fiscal articles and they also approve reserve [23:18] fund transfers. annually there's a reserve fund set up and so during the [23:21] year when there isn't town meeting if there is a departmental need for [23:25] additional funding instead of waiting for that next town meeting they can go [23:29] to the fincom and the fincom can approve reserve fund transfers. So the finance [23:34] committee plays a very important role just like the select board does. There [23:38] are other participants in that town meeting process as well and I just [23:43] wanted to highlight a few. The first is the town clerk. So the town clerk takes [23:48] the minutes at town meeting and also takes attendance to verify that there is [23:55] a quorum. Whenever there is a question of the moderator on their determination [24:01] on a vote and we go to a tally, the clerk ultimately will tally those votes [24:08] and work with the tellers that are appointed for that town meeting. In some [24:12] instances, there could be secret ballot. Regardless of how that vote is taken, [24:16] other than when the moderator calls the vote, if the town moderator's call is [24:21] questioned or there's a request to go to secret ballot, the town clerk oversees [24:26] that process. Tellers are appointed at the beginning of town meeting. And [24:29] again, when seven town meeting members stand to question the decision of a [24:34] moderator on a hand vote, it may be that we have to do a count. And when we do a [24:39] count, you need tellers. Tellers are typically they are always town meeting [24:43] members that are appointed at the beginning of town meeting. And then [24:46] there's town council. Town council is the attorney for the town. Town council [24:51] plays an important role in town meeting the day of and even leading up to it. [24:55] Town council will review all motions and warrant articles in advance of town [24:59] meeting to make sure there aren't any legal issues. And at town meeting, town [25:05] council is there to advise the moderator on town meet questions of town meeting [25:10] procedure and law or on any legal matters that may come up at town [25:14] meeting. There are also numerous appointed officials that play an [25:18] important role leading up to town meeting, including the town [25:22] administrator, superintendent, the chiefs of police and fire, board of [25:27] public works superintendent, the director of finance, planning director, [25:31] concom. There are a number of appointed officials that play an important role [25:36] and other boards and committees. School committee, planning board, board of [25:40] health, board of public works, community preservation committee. There are a [25:43] number of other committees that may themselves have sponsored articles on [25:47] the warrant or may have a role to play in any one of the articles and they [25:52] certainly all have budget requests that are part of the annual budget. There are [25:56] also petitioners. So I mentioned the select board creates the warrant and [26:01] determines what articles appear on the warrant. But petitioners, citizens can [26:06] actually collect signatures and place their own articles on the warrant. Those [26:10] have to be placed on the warrant. There's not a question. Once they're [26:14] filed and those signatures are certified, they go on the next town [26:18] meeting warrant. So for an annual town meeting, it's 10 signatures to place a [26:23] petitioned article on the warrant. And for a special, it's 100 signatures. So [26:28] petitioners play a role not only in getting articles on the warrant, but [26:32] also they're usually there to make the presentation or to argue their case for [26:37] their article that's on the warrant. residents and citizens, that's anybody [26:41] in town or in surrounding communities can come and observe town meeting. Uh [26:46] they can speak at town meeting but cannot vote as long as they get [26:50] permission from town meeting to do so. And of course, just like this video [26:54] that's being produced now, Fair Haven TV, cable access, print [26:59] journalists are all critically important because they bring that democracy [27:05] directly to residents in the form of for Faven TV. They produce the actual day of [27:11] town meeting. It's live and then it's available thereafter to stream. Any of [27:16] the other leadup events like the preview are also covered by Fair Haven TV. We [27:21] have our local print journalists that also cover it for local newspapers and [27:27] there may be others that are from regional publications that may be [27:31] interested. It's always very important for the press and our local access to be [27:37] participants in this process. That is the overview of Fair Haven Town Meeting [27:43] and Town Meetings in general. Before I end, I just want to point out a few very [27:47] important resources to get more information. One is the secretary of [27:50] state citizens guide to town meetings. It is an important document that really [27:54] gives a high level overview of how town meetings work. There's also the [27:58] Massachusetts Municipal Association which is the organization that [28:03] represents all 351 cities and towns. There's a wealth of information there [28:07] including about town meeting but even more importantly about municipal [28:11] government in general. the Massachusetts Department of Revenue, Division of Local [28:14] Services, they have an enormous amount of financial information uh about [28:21] communities. So, for the town of Fair Haven, if you want to know what the [28:25] budget is that was finally approved or what state aid is, the Division of Local [28:29] Services has that information. And then, of course, there's always the Town of [28:32] Fair Haven website. There are a number of different pages on that website, [28:36] including the moderator page and town meeting page that have older versions of [28:41] the warrants, minutes from town meeting, town meeting materials. So, it's a good [28:47] resource to go back and see what's been done previously, but also what's [28:50] available for upcoming town meetings. So, that's the overview of Fair Haven [28:56] Town Meeting. I really appreciate the opportunity to share this information [28:59] with all of you. Um, as always, you can contact the town moderator to get more [29:05] information or the town clerk's office as well.