When
was the last time you attended
town meeting? When was the
last time you stayed for the
whole meeting? When was the
last time you asked a question
during the meeting? Proposed
an amendment to an article?
Asked the selectmen to include
an article in the warrant?
This
guide to town meeting is
offered to those who have
never attended and do not
know what the word "article" means,
as well as to those who have
attended but were reluctant
to ask a question, for fear
of sounding like an "idiot," or
to raise their hand in
a vote for fear of alienating
their neighbor, and last
but not least, to those
who not only relish asking
questions but are also
having thoughts about
helping to shape future
town meetings.
WHAT
HAPPENS AT TOWN MEETING?
Town
Meeting serves many of
the same functions as the
Legislature in Augusta and
the Congress in Washington,
passing laws and adopting
a budget. But Town Meeting
is more than just the "legislature," it
is also the "electorate," electing
the selectmen and other
town officials. In fact,
under state law, the only
thing required of the
annual town meeting is
the election of the municipal
officials.
Elections
may occur two ways. The traditional
way is to nominate officials
from the floor of the meeting
and to vote by a show of hands
or by writing names on a paper
ballot. A more recent way
(1890) is to require candidates
to declare their candidacy
prior to the Town Meeting
by taking out nomination papers;
voting is then done by secret
ballot in the privacy of a
voting booth.
Unlike
the Legislature and Congress,
Town Meeting is not a representative
body. It’s
just what it says it is: a
meeting in which participation
is the right and responsibility
of every citizen. Some say
Town Meeting is the "purest
form of democracy," because
citizens, not their representatives,
participate directly
in the making of their
laws and the raising and
spending of their taxes.
Since
colonial times, the Town Meeting
has been the basic form of
local government in New England.
Today, in Maine, most towns
still operate under the town
meeting form of government.
WHY
SHOULD I PARTICIPATE
IN TOWN MEETING?
The
best and perhaps most colorful
answer to this question, appeared
in the Biddeford Journal Tribune,
March 23, 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 there’s
too many issues decided by
secret ballot, or that the
selectmen do what they want
no matter what people say.
Well, the way to get things
changed (including town meeting
scheduling and secret ballot
votes) 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
or a smoke, 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…."
DO
I HAVE TO KNOW PARLIAMENTARY
PROCEDURE TO PARTICIPATE?
NO.
That’s
why you elected a moderator
at the opening of the meeting.
The moderator is familiar
with parliamentary procedure
and is there to keep the meeting
moving forward properly until
all of the "articles" or
items of business have been
acted upon. Voters may not
talk without being recognized
by the moderator. You should
direct all of your questions
to the moderator. If an item
of business is not on the "warrant," the
name given to the list
of articles, Town Meeting
cannot act on it.
To
Approve an Article: It
is customary for the moderator
to read the article aloud
and ask if someone will
make a motion on the article;
usually someone will respond
by saying "I
move the article;" the
moderator then asks, "is
there is a second?" Someone
will usually respond, "I
second the motion."
This
formality sets the stage
for the discussion that
follows. The moderator then
rereads the motion and calls
for a vote. It is best not
to make a negative motion,
because people get confused
when a "yes" vote
means "no." The
best approach, if you
oppose an article, is
to move the article and
vote against it.
To
Amend an Article: Sometimes,
during the discussion,
someone will propose a change.
For example, in a so-called "open-ended" money
article, they may want
to increase or decrease
the amount of money recommended
by the budget committee
or selectmen. The amendment
must be seconded; there
must also be an opportunity
to discuss the amendment
before voting on it. If
the amendment passes, then
the motion, as amended,
is voted on. If the amendment
does not pass, and there
are no further amendments,
then the original motion
is voted upon.
It
should be noted that amendments
to so-called "capped" money
articles, articles in
which the amount of money
is contained in the actual
wording of the article,
are limited: the amount
may only be decreased.
Also, ordinances may not
be amended from the floor;
the vote on an ordinance
must be up or down with
no amendment.
WON’T
I SEEM LIKE AN "IDIOT" IF
I ASK QUESTIONS?
No!
Most articles in the warrant
are less than brief and
are written to comply with
legal requirements. Which
is to say, many articles
are not self-explanatory.
That’s
why some towns include a reader-friendly "explanation" along
with the article. But
even if your town does
this, if you want or need
more information before
you vote, you have a duty
to ask for it. Voting
for something you do not
understand, is worse than
not voting at all. Most
likely your neighbor has
the same questions you
do. Once you break the
ice with your question,
others will feel more
comfortable asking their
questions. Some of the
common questions asked
are:
- How
much did we spend
last year on
this? How does
this compare with
last year and
can you explain
the difference?
- Can
we set up a committee
to study this?
I don't think
the town has enough
information to
vote on this article.
- Should
we establish
a reserve account
and build for
this instead of
borrowing money
or raising taxes
this year?
- Are
we taking too
much from surplus?
How much will
this leave us
with in surplus?
- Is
this ordinance
really necessary?
What’s
really the problem?
- Why
is work being
done on the "River" Road
this year?
Some
tips for asking
questions: Keep
your questions short
and to the point.
Ask one question
at a time. Direct
your questions to
the moderator. Don’t
interrupt the person
who is trying to answer
your question. Don’t
get personal.
SUPPOSE
I DON’T
WANT PEOPLE
TO KNOW MY VOTE?
There
are several methods
of voting used at
town meeting:
- Voice
Vote (yeas and
nays)
- Show
of Hands (when
a voice vote is
questioned)
- Standing
Vote (if the
show of hands
is indecisive)
- Division
of the House
(the most decisive
of the first four
methods; the moderator
asks those voting
in the affirmative
to move to one
side of the room
and those voting
in the negative
to move to the
other)
Some
people say it makes
them uncomfortable
when they are asked
to raise their
hand to vote at
town meeting; they
don’t
want their neighbors
to know how they
are voting on certain
issues. If that
is the case, there
is a fifth method
of voting that takes
care of that:
Written
Ballot (Not to be
confused with statutory
secret ballots that
must be prepared ahead
of time and are used
when voting is done
at the polls.) By
law, the moderator,
selectmen, and school
board members must
be elected by written
ballot. However, any
voter can move that
any other article
be voted on by written
ballot, at any time
before the article
is voted upon. The
motion must be seconded,
and no discussion
is allowed before
voting on the motion
to vote by written
ballot. Some argue
that it takes too
much time to vote
by written ballot.
Some towns rent an
electronic voting
machine in response
to this objection.
SUPPOSE
I DON’T
WANT TO VOTE
ON A PARTICULAR
ARTICLE?
There
is nothing in the
law that requires
you to vote, and you
should know that.
Your non-vote is not
considered a negative
vote. But you should
be clear why you are
not voting.
Is
it because you
think you are the
only one to vote
as you will and
you don’t
want to call attention
to yourself? Call
for a written ballot.
Is
it because you
aren’t
sure how you want
to vote because you
haven’t
got enough information?
Ask questions.
Is
it because you
think the real issue
hasn’t
been addressed?
At least say so.
While
the decision to vote
is yours alone to
make, remember democracy
is about having and
respecting differences
of opinion. It is
also about asking
questions and challenging
authority. It is about
casting an informed
vote. It is also about
becoming part of the
solution.
The
law, however, is
quite clear when
it comes to "absentee" voting.
There is no absentee
voting during an
open town meeting.
It is only permissible
when an item is
being considered
by secret ballot.
HOW
CAN I PREPARE
FOR TOWN MEETING?
Most
towns publish the
warrant in their annual
report. Get a copy
before the meeting
and read it. If you
have questions, you
may wish to ask them
of the manager or
selectmen before the
meeting. But some
of the answers may
be found in that section
of the annual report
that indicates in
detail the various
spending accounts
and how much was spent
in the previous year;
compare it with what
is being requested
this year. Also check
as to how much money
is in the so-called
surplus or undesignated
funds account.
ASIDE
FROM RUNNING
FOR OFFICE,
HOW CAN I GET
MORE INVOLVED?
There
are at least two ways:
Become
a Member of the
Budget Committee. These committees
are granted special
and early access
to the proposed
budget. Their role,
with a few exceptions,
is but advisory.
Your town may or
may not have a budget
committee; there
is no law requiring
it to have one.
However those who
do, say they serve
as a "piece
of town meeting" or
that they serve as
a "pre-town
meeting." If
an item is not acceptable
to the budget committee,
it probably won’t
be acceptable to the
voters, say those
who have them. Ideal
committees are critical,
not adversarial. Above
all, they should not
be rubber stamps.
Some argue that budget
committees where everything
is thrashed out in
advance make for bland
town meetings; they
argue that town meeting
is the "ultimate
form of budget committee." Members
are either elected
or appointed to
the committee. Committees
are best created
by an ordinance
passed at town meeting,
but when created
by the selectmen,
they are only advisory.
Propose
an Article for the
Warrant. If you feel
there is something
you would like Town
Meeting to consider,
such as the creation
of a budget committee
or the hiring of an
administrative assistant
or the hiring of a
professional tax assessor,
you can approach the
selectmen with your
idea and ask them
to put it on the warrant.
They may agree to
do so or they may
ask you to indicate
support for the idea
by circulating a petition
to have the particular
(stated) article in
the warrant. According
to state law, the
petition should be
signed by a number
of voters of the town
equal to at least
ten percent of the
number of votes cast
for governor in the
last election. The
selectmen are not
required to put it
on the warrant if
the article seeks
something that is
beyond the legal powers
of the town.
WHAT
DO THE FOLLOWING
WORDS MEAN?
Amendment. This is technically
a secondary motion
and must be acted
on before the main
motion is voted upon.
It must be seconded
and allow for discussion
before it is voted
upon.
Annual
Meeting. This is
the meeting at which
municipal officers
and other officials
are elected. No
law requires that
the annual municipal
budget be voted
on at this meeting,
although many towns
do. A "special" town
meeting is any
other meeting called
by the selectmen.
Annual
Report. The annual
report must be available
at least three days
before the annual
meeting or the annual
budget (business)
meeting. It must contain
the following: a record
of all financial transactions
during the past fiscal
year, a statement
of assets and liabilities,
including a list of
all delinquent taxpayers
and the amount due
from each, and portions
of the audit.
Audit. An examination of
the financial statements
of a municipality
by a public accountant
to see if they fairly
reflect the financial
conditions of the
municipality. State
law requires that
audits be conducted
annually.
"Capped" Money
Article vs. Open Ended
Money Articles. This
is an article in the
warrant which states
an amount to be raised
("To
see if the Town will
vote to raise and
appropriate the sum
of $10,000.").
Capped articles can
only be reduced by
amendment. They cannot
be increased like
open ended articles
("To
see what sum the town
will vote to raise
and appropriate.").
Excise
Tax. There is a motor
vehicle excise tax
and a watercraft excise
tax. They are for
the privilege of operating
the equipment on public
ways.
Home
Rule. It is the constitutionally
guaranteed right of
towns and cities to
adopt and amend their
charters, choose their
form of government,
and adopt laws that
are not already covered
by state law or which
state law does not
prohibit municipalities
from adopting. Home
rule is intended to
ensure local control.
Mandate. Federal or state laws
which require local
governments to undertake
specific actions or
provide specific services.
For instance, the
requirement that municipalities
build salt-sand storage
sheds is a mandate
that must be paid
for with local funds
as well as state funds.
In 1990, Maine passed
a law to require state
funding of future
mandates.
Ordinance. A law or a regulation
enacted by a municipal
government, usually
targeting a specific
subject, as in a dog
control ordinance
or a parking ordinance,
or a zoning ordinance.
Most ordinances (less
than ten pages) must
be posted in a public
place at least seven
days before Town Meeting.
No ordinance may be
amended on the floor
of town meeting; they
may only be voted
up or down.
Overdraft. To be avoided!
It’s
when the audit
indicates that the
amount spent on
an item turns out
to be greater than
that approved by
Town Meeting. It
is indicated by
a parentheses (
) around the amount.
Revenues
and Expenditures. Revenue is just a
fancy word for incoming
monies; most of the
money spent by town
meeting comes from
property taxes; other
monies come from excise
taxes on vehicles,
and from the state
in the form of revenue
sharing and road assistance.
Expenditures is just
a fancy word for outgoing
monies or on what
the money is spent;
most of the money
is spent on solid
waste disposal, roads,
and schools.
Surplus. Also known as "undesignated" or "unappropriated
fund balance." It
often results from
not spending monies
that were approved;
it also results from
getting more revenues
than you expected.
There is always a
tendency to "raid
surplus" instead
of raising taxes.
But surplus is not
a savings account;
it is an "operating
cushion" to
be used only in times
of emergency, say
some. The rule of
thumb is to make sure
surplus contains at
least eight percent
of the total operating
budget for the town;
or an amount equal
to one month’s
operating expenses.
The optimum is
ten percent. If
you do dip into
it one year, make
sure you build it
up again the next
year. Only the
Town Meeting can
authorize the spending
of surplus.
Secret
Ballot. The clerk
prepares these for
use at the polling
place in secret (Australian)
ballot elections,
which can be for referendum
questions (issues)
as well as for candidates.
Open town meeting
towns become secret
ballot towns by a
town meeting vote
to adopt secret ballot
voting at least 90
days before the annual
meeting. There are
two towns in Maine
that act on their
entire warrant by
secret ballot; most
others use secret
balloting for large
ticket items, like
bond issues.
Tax
Anticipation Note
(TAN). Often referred
to as "hired
money," it
is money borrowed
from a bank to
run the town while
waiting for taxes
to be collected.
Towns that collect
taxes only once
a year are the greatest
users of this;
towns that have
two tax collections
a year and therefore
an earlier flow
of cash into the
town coffers, usually
do not have to rely
on hired money.
No Town Meeting
vote is required
in order to authorize
the selectmen to
take out a TAN.
Tax
Rate. The tax rate
determines how
much you pay in
property taxes.
It is stated in "so
many dollars per thousand
dollars of valuation." For
example, in a town
with a tax rate
of $14 per thousand
dollars, the owner
of a house valued
at $50,000 would
pay $700 ($14 x
50) in taxes. To
determine the tax
rate in your town,
divide the total
valuation of all
the properties in
your town by the
amount needed to
pay for the cost
of running the town,
and supporting the
county government
and the schools,
after you have subtracted
non-property tax
revenues (excise
taxes, revenue sharing,
road assistance,
etc.) from the
total cost. So,
for example, a town
with $200,000,000
valuation, expecting
to spend $3,000,000
on town, county
and schools, with
$500,000 in non-property
tax revenue, needs
to raise $2,500,000
in taxes, which
when divided by
$200,000,000, leaves
us with a tax rate
of .0125 or $12.50
per thousand dollar
of valuation. In
this town, the tax
on a $50,000 home
would be $625 ($12.50
x 50).
To
Raise. A vote to
raise a sum of money
is a vote to get
the money through
municipal taxation
of real and personal
property. Typically,
the motion is "to
raise and appropriate" the
money for some
stated purpose identified
in the article.
To
See What Sum. An
article that asks "to
see what sum" is
said to be an open-ended
article and signals
the need for someone
to make a motion
to set an amount
for the discussion.
Often the selectmen
and the budget committee
recommend on the
warrant the amount
that they think
is in the best interest
of the town.
Warrant. The written notice,
signed by at least
a majority of the
selectmen, which calls
a town meeting and
lists all the articles
or items of business
which will be voted
on at the meeting.
It must be posted
in at least one public
and conspicuous place
in the town at least
seven days before
the town meeting.
WHAT
ARE THE DIFFERENT
FORMS OF TOWN
MEETING GOVERNMENT?
Town
Meeting-Selectmen
This
is the most common
form. This form of
government relies
on a board of selectmen
to function as the
executive arm administering,
enforcing, and carrying
out the decisions
made by the town meeting.
Some towns find that
a part-time board
of selectmen is not
enough, and that a
full-time manager
is too much, so they
hire an administrative
assistant to the selectmen.
Town
Meeting-Selectmen-Manager
This
is the second most
common form of
local government
in Maine. As municipalities
grow in size, and
as state and federal
regulations increase
in number and complexity,
many municipalities
have hired a manager
to administer the
town’s
government. Under
this form, the board
of selectmen continue
to serve as the town’s
executive body;
the difference is
that now they have
an administrator
to oversee the
daily operations
of the municipality
so they can attend
more to issues of
policy.
Town
Meeting-Council-Manager
In
this variation, the
legislative functions
of government are
shared between the
town meeting and an
elected council. The
exact delegation of
powers differs from
one municipality to
another. However,
the most common scenario
is to have the town
meeting vote on the
budget while the council
tends to all the other
legislative functions.
Representative
Town Meeting
Also
known as the "Limited
Town Meeting," persons
are elected from
each of several
districts to attend
the town meeting.
Any voter may still
speak, but only
the elected representatives
may vote.
