Deliberative Session: Atkinson Moderator Rules 2/2/08

 

Prepared by Frank Polito - Moderator

Introduction:

The deliberative session is the first session of the town meeting process as specified In RSA 40:13 ("Senate Bill 2"). Deliberative session shall consist of explanation, discussion, debate, and in some cases amendment, of the articles on the official warrant that can be legally acted upon by the deliberative session. The input to the deliberative session is the official warrant prepared and legally posted by the Selectmen. Atkinson has adopted the Municipal Budget Act (see RSA 32) so the official warrant contains the operating budget as prepared by the Budget Committee. The output of the deliberative session is the official ballot that is voted on the second Tuesday in March. It is the responsibility of the governing body (the selectmen) to act on the results of the town meeting.

Under the Town Meeting form of government, the registered voters of the Town of Atkinson that participate in the deliberative session are the "legislative body". Similarly, the registered voters of the Town of Atkinson that vote on the ballot the second Tuesday in March, are the "legislative body". Each "legislative body". has equal authority (regardless of the number of participants) but differing roles and responsibilities under the law.

The moderator shall preside in the town meetings, regulate the business thereof, decide questions of order, and make a public declaration of every vote passed, and may prescribe rules of proceeding; but such rules may be altered by the town. (From RSA 40:4 Duties).

Rules:

All registered voters of the Town of Atkinson must check-in with the Supervisors of the Checklist prior to participating in the deliberative session. (Registered voters of the Town of Atkinson that participate in the deliberative session form the "legislative body" for the town.)

Only registered voters of the Town of Atkinson are allowed to participate in the deliberative session. Non-voters may speak to offer information if pre-approved by the Moderator.

Only those articles that can be legally acted upon by the deliberative session will be discussed. If appropriate, the Moderator will entertain a motion to discuss other articles for a specified time and for educational purposes only. (e.g. Zoning articles, election of town officials, and articles specifically restricted from amendment in the RSA.)

Before discussion by the body can begin, a motion to move the article to the ballot, and a second, must be made. Deliberation will end with a vote.

All participants must come to the microphone to address the body. (If you have a disability that would prevent you from coming to the microphone, please let the moderator know in advance and someone will bring a portable microphone to you when it is your turn to speak.)

When the Moderator recognizes you, please come to the microphone, and state your name and the street you live on before making your statement.

The Moderator will make every effort to give all who wish to do so, the opportunity to speak on each article or amendment. If appropriate, the presenter of the article will speak first, and then the Moderator will recognize speakers, in order, lined up at the microphone. (The presenter of a petitioned article should identify themselves to the Moderator prior to the meeting so that they may have the opportunity to be granted permission speak first.) The Moderator may also give consideration to allowing a representative of the opposition to speak second; again only if they identify themselves to the Moderator prior to the meeting and are granted permission.

A participant may have a second chance to speak on an article but only after all other participants have spoken at least once.

Participants may speak for roughly 3-5 minutes each time they are recognized by the Moderator. More than 3-5 minutes speaking time will be allowed by pre-agreement with the Moderator, and usually only in the case of the presenter of the article.

The body may cut off discussion on an article with a motion (and second) to "call the question". A 2/3 affirmative vote is necessary to call the question and a call itself is not debatable. (To do this, say "Mr. Moderator I move to call the question" You will be recognized and asked to come to the microphone to state your name, address, and make your motion again so all can hear it.)

All participants should direct their remarks to the Moderator. In the case of questions by the participant, the moderator shall call upon the appropriate person to respond.

All substantive motions and amendments must be in writing and given to the Moderator. (In all motions or amendments, try to avoid situations where a negative vote is needed to express a positive intent.)

Only one amendment on the floor at a time will be allowed. (No amendments to amendments.)

Amendments can alter the intent of the article printed in the official warrant provided the amended article relates to the general subject matter of the original article. Articles that specify an appropriation may be amended up or down (including "zeroed out"). (See RSA 40:13 IV & RSA 39:2, as well as case law: Pittsburg v. Danforth, 56 N.H. 272 (1875), Sawyer v. Railroad, 62 N.H. 135 (1882))

At the discretion of the Moderator, voting will be voice vote, show of hands (holding colored card for visibility) or, if legally requested, secret ("yes/no") paper ballot.

A request for secret ballot on an article can be made with five (5) signatures of voters registered in Atkinson, and must be handed to the Moderator prior to a voice vote on the article. (See RSA 40:4-a)

If the body does not amend an article, by RSA 40:13 VI, it will automatically move to the Official Ballot as printed on the warrant. Using a motion, second, as well as voting, is done strictly to provide structure and flow to the deliberative session.

A voter may challenge any ruling by the Moderator (motion with second). The Moderator will then poll the participants. (To do this, say "Mr. Moderator I move to challenge your decision" You will be recognized and asked to come to the microphone to state your name, address, and make your motion again so all can hear it.) (See RSA 40:4 I)

Each article remains open for further action until the moderator moves to the next article. A motion (and second) to reconsider a previous article can be made and if it passes, the article is re-opened.

A motion to limit reconsideration can be made only on articles already acted on by the body. (A motion to limit reconsideration on all previous articles, or a group of articles identified by number, can be made.)

Anyone violating the rules or orders of the Moderator will be considered out of order. Continued violation will be considered "Disorder" under RSA 40:8.

No substantive actions may be taken under the "any other business" article. Votes of appreciation or recognition may be taken, and the Moderator will only call for ayes. (See RSA 39:2)