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2100 - ELECTIONS#
2110 - General Town Elections.#
A regular election of Town officers shall be held in even numbered years at the time provided by law for State elections.
2120 - Election Laws and Conduct of Elections.#
The provisions of the Constitution and the General Laws of the State now or hereafter in effect pertaining to elections, general, special and primary, and all special acts pertaining to elections in the Town now or hereafter in effect shall govern all Town elections so far as they may be applicable, excepting those provisions which are inconsistent with the provisions of this Charter.
2130 - Elected Officials.#
Town Council members, School Committee members, Town Clerk, Moderator, Town Sergeant and Director of Public Welfare will be elected.
2200 - BOARD OF CANVASSERS#
There shall be a canvassing authority appointed by the Town Council as provided by the Constitution and laws of the State. This canvassing authority shall be known as the Board of Canvassers and shall be vested with all the powers and duties now or hereafter vested by law in the canvassing authority or Board of Canvassers of the Town. All members of this authority or board now in office shall continue in their positions as members until the expiration of the terms for which they were appointed.
2300 - FINANCIAL TOWN ASSEMBLY/REFERENDUM#
2310 - Time and Purpose.#
The electors of the Town qualified to vote upon a proposition to impose a tax or for the expenditure of money shall assemble each year on the first Tuesday in May at 6:30 p.m. to receive and discuss the proposed budget and warrant items from the Council in advance of a referendum by the electors qualified to vote upon a proposition to impose a tax for the expenditure of money. The referendum shall be held on the second Tuesday in June from 8:00 a.m. to 8:00 p.m. The Town Council shall submit a proposed budget to the Town Clerk at least 30 days before the Financial Town Assembly. The Town Clerk will publish the proposed budget 30 days before the Financial Town Assembly in a local newspaper having a general circulation in the Town of Hopkinton.
2311 - Notice.#
A.
Financial Town Assembly.
1.
The Town Clerk shall cause electors of the Town to be notified of every Financial Town Assembly in accordance with the terms of this Charter and with the laws of the state.
2.
At least seven (7) days prior to the Financial Town Assembly, the Town Clerk shall publish all proposed warrant items in a local newspaper having general circulation in the Town of Hopkinton and posted on the website.
3.
If the attendance for the Financial Town Assembly exceeds the legal capacity of the site, the Moderator shall adjourn the meeting for one week and the Town Council shall select another site, in or out of the Town of Hopkinton, of sufficient capacity.
B.
Financial Referendum.
1.
The Town Clerk shall cause electors of the Town to be notified of every Financial Referendum in accordance with the terms of this Charter and with the laws of the state.
2.
At least seven (7) days prior to the Financial Referendum, the Town Clerk shall publish the proposed budget and accompanying warrant items in a local newspaper having a general circulation in the Town of Hopkinton, post on the Town's website, and post the warrant questions to be voted on in all voting districts. The Town Clerk shall also publish the total expenditure of an alternate budget pursuant to section 2370, in the event the proposed budget is defeated.
3.
The Town Clerk, after consultation with the Council, shall determine how many polling places should be used for the Financial Referendum.
2312 - Subjects Requiring Special Notice.#
No vote shall be taken in a Financial Town Assembly or a special Financial Town Meeting to dispose of real property of the Town or during a special Financial Town Meeting to levy a tax unless appropriate notice has been given in the warrant issued for the warning of such meeting.
2313 - Special Financial Town Meetings.#
A special Financial Town Meeting to impose a tax for the expenditure of money shall be called by the Town Clerk upon the resolution of the Town Council or whenever four hundred (400) of the qualified electors of the Town shall make a request in writing for the calling of a special Financial Town Meeting and direct the same to the Town Clerk. Special Town Meetings will be held without an accompanying referendum and the Moderator shall preside over such meetings pursuant to section 2331 and a majority vote of the qualified electors present at the meeting shall be sufficient to allow any proposed motions to carry. A quorum of twenty-five (25) qualified electors constitutes a special Financial Town Meeting.
2314 - Restriction of Special Financial Meetings.#
A special Financial Town Meeting shall only be called in the case of an emergency involving the health, welfare and/or safety of the public. Four (4) of the Town Council members must approve of such a meeting if any subject proposed to be considered has been acted upon by a Financial Town Referendum or a special Financial Town Meeting within six (6) months previous to the time of such proposed call.
2315 - Warrant Items.#
A.
No proposition for the expenditure of money, other than the proposed budget presented by the Council, nor any other proposal to add, reduce or eliminate a municipal budget item in the budget shall be acted upon at the Financial Town Assembly and Referendum unless it shall have been presented by a petition signed by at least two hundred (200) of the electors qualified to vote in the Financial Town Assembly and Referendum. All proposed warrant items must be filed with the Town Clerk no later than twenty-two (22) days after the submission of the proposed budget to the Town Clerk by the Town Council. The call of the Financial Town Assembly shall include notice of the propositions and the recommendations of the Council.
B.
The Town Clerk has until five (5) business days from deadline for the submission of warrant items to certify that sufficient valid signatures have been presented to qualify those warrant items proposed by electors to be considered at the Town Financial Assembly the first Tuesday in May.
C.
The electors who offer the warrant initiatives shall be given time at the Financial Town Assembly to explain their proposals.
D.
If there is a conflict between warrant items, the moderator of the Financial Town Assembly shall call for votes to determine which of the conflicting petitions for warrant items shall appear on the Financial Referendum ballot. The warrant item that receives the larger number of votes between conflicting warrant items shall be adopted by the Financial Town Assembly.
E.
The Town Finance Director shall, as part of all presentations in this process, provide an estimate of the tax rate implication of the municipal budget, the school budget and each warrant item.
F.
The Town Council shall adopt the proposed budget and all adopted warrant items for the Financial Referendum on the second Tuesday in June by the Wednesday next following the second Tuesday in May.
G.
For special financial Town Meetings, petitions for expenditures by electors to appear as warrant items must be filed with the Town Clerk no later than ten (10) days before the special Financial Town Meeting.
2320 - Powers of the Electors.#
The electors of the Financial Town Assembly and Referendum and special Financial Town Meetings shall have and exercise all powers granted Financial Town Meetings/Referendums by the laws of the state.
2330 - Moderator.#
A Moderator shall be elected at the regular election of the Town officers to serve at such Town Financial Assemblies and special Financial Town Meetings as occur during his or her term of office. He or she shall serve for a term of two (2) years and until a successor is elected and qualified. The Moderator shall be an elector of the Town qualified to vote in the Financial Town Assemblies and Referendums. If the office of Moderator is vacant, or if he or she is absent, the Town Council shall appoint a Moderator. In the case of a vacancy the appointed Moderator shall serve for the duration of the un-expired term. In the case of an absence he or she shall serve for the duration of such absence.
2331 - Duties and Powers of Moderator.#
A.
The Moderator shall preside over all the Financial Town Assemblies and special Financial Town Meetings and, subject to the provisions of the Charter and applicable law, shall have the power to regulate and manage the business of each meeting and to maintain peace and good order during the meeting. The Moderator, after consultation with the Town Council, shall prescribe the rules governing the conduct of any Financial Town Assembly or special Financial Town Meeting, provided however that any such rules shall not be inconsistent with the provisions of the Charter. The Moderator has all the powers provided by the laws of the State and this Charter.
B.
The Moderator also shall have the authority to call for votes to determine which of conflicting written warrant petitions shall appear on the Financial Referendum ballot.
2340 - Meeting Procedures.#
The conduct of any Financial Town Assembly or special Financial Town Meeting, not otherwise covered by provisions of the Charter or the Moderator's prescribed rules, shall be governed by Roberts Rules of Order. The Town Clerk shall arrange the order of business at regular meetings so that the consideration of a proposed budget and capital expenditure items shall be the last item of business, except the regular and standard tax votes, and except otherwise provided by law. The Town Clerk shall immediately prior to each Financial Town Assembly or special Financial Town Meeting provide a written agenda for all interested electors of those items of business to be considered in the order in which they will be considered.
2341 - Quorum.#
At a Financial Town Assembly, in which voting must occur to determine which of conflicting warrant items will appear on the Financial Town Referendum ballot, at least twenty-five (25) electors present shall be necessary to constitute a quorum. Any questions shall be decided by a majority vote of the qualified electors present and voting. No quorum shall be necessary at a Financial Town Assembly at which no conflicting warrant items are presented.
2342 - Voting.#
The Moderator, on a motion duly made and seconded relative to any business properly before the meeting and having heard all qualified electors desirous of being heard, shall cause the votes of the qualified electors present to be taken.
2343 - Vote by Ballot.#
At the Financial Town Assembly or a special Financial Town Meeting, the voting on conflicting warrant items shall be taken by ballot upon the request of twenty percent (20%) of the qualified electors.
2344 - Balloting on Capital Schools Issues.#
Balloting on appropriations for the construction of schools, the issuance of bonds for schools and on appropriations for the purchase of land for school purposes shall be in accordance with the Town Charter and State Law.
2350 - Record of Proceedings.#
A copy of the record of the proceedings and of ballots cast at any Financial Town Assembly/Referendum duly certified by the Town Clerk shall be evidence of any act or vote of the electors of the Town in the Financial Town Assembly/Referendum process.
2360 - Recessed Assemblies and Meetings.#
The Moderator may declare a recess of any duly called and held Financial Town Assembly or special Financial Town Meeting for a period not to exceed one (1) hour. Every Financial Town Assembly or special Financial Town Meeting shall be recessed by the Moderator no later than 11:00 p.m. unless extended to midnight by a vote of the majority of the qualified electors present and voting. Any unfinished business shall be referred to a recessed meeting to be held within ten (10) days, the precise date and time to be determined by vote of the majority of the qualified electors present and voting.
2370 - Rejection of Proposed Budgets.#
If the proposed budget is rejected by the voters in the Financial Referendum, the Council may accept a flat municipal budget, identical to the approved municipal budget for the current fiscal year. The total budget will thus include the Chariho school budget as approved at the most recent Chariho Financial District Meeting, the previous year's approved municipal budget and all approved warrant items. Until the budget is finalized, the Town of Hopkinton shall have the authorization to continue making expenditures at the rates authorized in the budget of the previous fiscal year until such time as a new budget shall have been approved. An approved budget will be amended by all approved warrant items.
2380 - Setting the Tax Levy.#
Within fourteen (14) days after the Financial Town Referendum the Town Council shall, based on the budget and warrants approved by the electors, set the tax levy for the coming fiscal year. It shall also adopt appropriate financial resolutions, including authorizing the Town to borrow money in anticipation of taxes.