Q. Our town meeting is coming up, and some of us who have been having an issue with the Board of Selectmen expect they may try some tricky business. We aren’t sure what we can do about it. They have an attorney on their side, of course. Any words of advice?
A. While the tradition of town meetings represents democracy at its best, an annual town meeting also can be a great opportunity for unscrupulous people to misuse their authority if they think they can get away with it. That’s why it is so important for residents to know their rights, and to be vigilant. Maybe these thoughts will be helpful:
First, the “town attorney” does not have greater rights than anyone else at the meeting. It is his or her duty to render legal advice — but that doesn’t mean anyone has to accept it.
If the majority of the assembly considers the attorney’s advice and all the rest of the discussion on an item, and still doesn’t feel things have been adequately explained, they can always vote to recess in order for that item to be clarified by other means.
That might mean returning to that item later in the meeting after someone has done some quick research; or it may mean leaving it for a special town meeting at a later date, giving everyone the chance to gather more information for the discussion.
Second, you may bring your own attorney to the meeting, but the rules of parliamentary procedure will prevail. If the attorney is not a resident of your town, you will have to ask for the consent of two-thirds of those present to allow him or her to speak. If allowed to speak, he or she also will have to abide by all the parliamentary rules of the meeting.
Remember, a town meeting is run by a moderator, not by the selectmen or town manager or any other town employee.
That moderator’s job is to see that parliamentary procedure is followed and that order is maintained. If people think the moderator is not following proper procedure, they can vote to overrule the moderator by majority vote.
On the other hand, if the moderator determines that an individual is impeding the meeting and not following parliamentary rules, the moderator can warn that individual that they risk being ejected from the meeting, and follow up on that warning by having a qualified constable escort the person out.
In every other respect, including deciding to recess for tempers to cool or research be done, the people at the town meeting resolve their own problems through the parliamentary voting process.
You can find information about town meetings at the Maine Municipal Association website, www.memun.org/public/local_govt/town_meeting.htm.
For a comprehensive explanation of Parliamentary Rules, visit www.rulesonline.com.
Do you have a question about the law? E-mail Ask A Lawyer at AAL@mainebar.org, and look for the answer in this space.