By Mr. Murphy of Burlington, petition (accompanied by bill, House, No. 2014) of Robert A. Havern and Charles A. Murphy (by vote of the town) relative to referendum petitions and procedures in town meetings in the  town of Burlington.  Rules.

 

The Commonwealth of Massachusetts

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PETITION OF:

 


Robert A. Havern

Charles A. Murphy

 

 


 

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In the Year Two Thousand and Seven.

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 An Act relative to the procedures of town meeting in Burlington.

 

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


 

SECTION 1.  Subsection (g) of Section 12 of Chapter 686 of the Acts of 1970 is hereby amended by striking out the subsection in its entirety and inserting in place thereof the following subsection:

                (g) No final vote of any representative town meeting session passing or rejecting a measure under any article in the warrant, except a vote to adjourn, or an authorization to borrow money in anticipation of taxes, an authorization to pay debts and obligations of the town, an appropriation of funds necessary to implement a written agreement executed under section one hundred and seventy-eight I of chapter one hundred and forty-nine of the General Laws, or the budget of the town as a whole, or a vote declared by preamble to be an emergency measure necessary for the immediate preservation of peace, health, safety or convenience of the town, and which is passed by a two thirds vote of the membership, shall be operative until fourteen days after the adoption of such vote.

                If, within said fourteen days, a petition signed by not less than five per cent of the registered voters of the town, containing their names and addresses as they appear on the list of registered voters at the most recent election, is filed in the office of the selectmen requesting that the question or questions involved in any such vote be submitted to the registered voters of the town at large, then the operation of such vote shall be further suspended pending its determination as hereinafter provided.  The board of registrars shall certify the signatures within seven days of the filing date.  The selectmen shall forthwith after the board of registrars certifies the petition has the requisite number of signatures call a special election which shall be held within 100 days but no sooner than the earliest date on which the question may appear on the ballot pursuant to section 42C of chapter 54 of the general laws, as it may be amended from time to time; provided, however, that if a regular or special town election is to be held within the 100 day period, they may provide that the question or questions involved be presented to the voters at the same election.

                All votes shall be taken by official ballots, and the check list shall be used in the same manner as in the election of town officers.  The questions so submitted shall be determined by a majority vote of the registered voters of the town voting thereon, but no action of the representative town meeting shall be reversed unless twenty five per cent of the registered voters of the town shall so vote to reverse the vote of the representative town meeting.

                The questions so submitted shall be stated on the ballot in substantially the same language and form in which they were stated when presented by the moderator to the representative town meeting as appears from the records of said meeting, provided, however, that if the question as stated by the moderator was lengthy as determined by the board of selectmen in its sole discretion the question may instead be stated in summary form by referring to the action taken by the representative town meeting.

                This election shall be held on a Saturday, unless it is to be held in conjunction with another election and the polls shall open no later than two o’clock in the afternoon and shall be closed not earlier than eight o’clock in the evening.

                If a petition is not filed within fourteen days of a final vote of the representative town meeting, it shall then become effective.

or to act in any other manner in relation thereto.