Town Meeting and Traps for the Unwary

Many towns have just completed special Town Meetings and before we know it, annual Town Meeting season will be here. We notice that some of the same confusion or misunderstanding on certain rules of procedure recur, so we address them here. If you have one you would like us to address, please send it along and we will provide an update. 

Moderator calls passage of vote by 2/3rds. G.L. c. 39, § 15 provides that if a supermajority vote is required for a motion to pass, the vote must be a counted vote unless the Town’s Bylaws allow the moderator to call it or if the Town Meeting votes to forego a count. 

“Tabling” an article vs. indefinite postponement. This is an example of language being unclear, leading to confusion. To “table” an article is to take up some other action by Town Meeting but reserve the article for later consideration at the same meeting. It requires a second, but cannot be debated or amended and requires a 2/3rds vote for passage. In contrast, to indefinitely postpone action on an article means that it will not be taken up at that meeting. It requires a second, is debatable but not amenable, and only needs a majority vote. 

“Passing on” an article vs. taking no action on an article. It is likely that someone moving to pass on an article is intending the same meaning as indefinitely postponing or taking no action on an article. It is not always clear, however, and someone may conclude that passing on an article meant that the article was affirmatively voted. Similarly, disagreement may arise as to whether that article may be picked up from the table and acted upon later in the meeting. One should therefore avoid making a motion to “pass” on an article and instead move to indefinitely postpone an article or, better yet, move to take no action on an article.