Declaration and Continuance
Town of Wareham
Special Town Meeting
Saturday, January 16, 2021
(December 19, 2020)

Purusant to Massachusetts General Laws, Chapter 39 §10A, I Claire L. Smith, do hereby declare this day of November 30, 2020 that the Town of Wareham Special Town Meeting scheduled for Saturday December 19, 2020 be recessed and continued until Saturday, January 16, 2021 at Wareham High School. In consultation with the Board of Selectmen, Public Safety Officials, and the Board of Health, I have determined that a public safety emergency may prevent voters from attending the meeting on Saturday, December 19, 2020.

The nature of the emergency is the outbreak of Coronavirus (“COVID-19”). In making this Declaration, I note that on March 10, 2020, Governor Charles D. Baker declared a state of emergency in the Commonwealth and prohibited gatherings of more than 250 people throughout Massachusetts. Although the Governor’s orders explicitly exempt municipal legislative bodies (in other words, town meetings), turnout for town meetings regularly exceeds 50 individuals and the exemption does not diminish the health risk to anyone attending the meeting.

In addition to consulting with the Selectmen, Public Safety Officials, and Board of Health, I have reviewed guidance from the Massachusetts Department of Public Health and the U.S. Centers for Disease Control and Prevention. Given the rapid spread of the disease and the increasing up-swing of cases in MA, the present lack of containment, and the risk to vulnerable populations inherent in public gatherings; I conclude that delaying the Special Town Meeting is in the best interest of the Town and its citizens.

M.G.L. Ch. 39 §10A mandates that the moderator “shall announce the declaration of recess and continuance as far in advance of the town meeting being continued as possible.” It also requires that a town meeting recessed pursuant to this statute “shall be convened by the moderator not later than 30 days following the date and time of a town meeting previously called pursuant to a warrant.”

Thus, under the statute, I do not have the authority to continue the Special Town Meeting for longer than 30 days from December 19, 2020 but I do have the authority to issue further continuances. If it is highly unlikely that the COVID-19 emergency will have abated by January 16, 2021, I intend to declare additional continuances of up to 30 days each as necessary to defer the meeting until it can be held safely. In considering further deferrals, I will continue to consult with the Board of Selectmen, Public Safety officials and the Board of Health.

Claire L. Smith
Town Moderator

Posted by: Michele Bissonette
Wareham Town Clerk
Date: November 30, 2020

Declaration and Continuance
Town of Wareham
Annual Fall Town Meeting
Saturday, December 12, 2020
(October 26, 2020)

Pursuant on November 30, 2020 that the Town of Wareham Annual Fall Meeting originally recessed from October 26, 2020 until December 28, 2020 be recessed and re-scheduled for Saturday, December 12, 2020. In consultation with the Board of Selectmen, Public Safety Officials, and the Board of Health, I have determined that a public safety emergency prevented voters from attending the meeting on Monday, October 26, 2020.

The nature of the emergency is the outbreak of the novel Coronavirus (“COVID-19”). In making this Declaration, I note that on March, 10, 2020, Governor Charles D. Baker declared a state of emergency in the Commonwealth and prohibited gatherings of more than 250 people throughout Massachusetts. On March 15, 2020, the Governor reduced the number constituting a prohibited gathering. Although the Governor’s orders explicitly exempt municipal legislative bodies (in other words, town meetings), the turnout for town meetings regularly exceeds 50 individuals but the exemption does not diminish the health risk to anyone attending the meeting.

In addition to consulting with the Selectmen, Public Safety Officials, and Board of Health, I have reviewed guidance from the Massachusetts Department of Public Health and the U.S. Centers for Disease Control and Prevention. Given the rapid spread of the disease and the increasing up-swing of cases in MA, the present lack of containment, and the risk to vulnerable populations inherent in public gatherings; I conclude that delaying the Annual Town Meeting was in the best interest of the Town and its citizens.

M.G.L. Ch. 39 §10A mandates that the moderator “shall announce the declaration of recess and continuance as far in advance of the town meeting being continued as possible.” It also requires that a town meeting recessed pursuant to this statute “shall be convened by the moderator not later than 30 days following the date and time of a town meeting previously called pursuant to a warrant but may be further recessed until such time that the Governor declares the emergency ended.”

Thus, under the statute, I do not have the authority to continue the Annual Town Meeting for longer than 30 days from October 26, 2020, but I do have the authority to issue further continuances. I therefore declare that the continued date of the Annual Fall Town Meeting shall be Saturday, December 12, 2020 at 12:00 P.M. at the VFW Pavilion, Gibbs Ball Park Road, Wareham MA.

If it is highly unlikely that the COVID-19 emergency will have abated by December 12, 2020, I intend to declare additional continuances of up to 30 days each as necessary to defer the meeting until it can be held safely. In considering further deferrals, I will continue to consult with the Board of Selectmen, Public Safety officials and the Board of Health.

Claire L. Smith
Town Moderator

Posted by: Michele Bissonette
Wareham Town Clerk
Date: November 30, 2020