Former Rochester Town Moderator Woody Hartley chastised Selectmen after he discovered Annual Town Meeting was conducted without a quorum, nullifying votes on new bylaws and the town’s operating budget.

“By God, we should have good government. This is not good government,” Hartley said.

He raised the issue at the board’s July 20 meeting after it adjourned for the night. Board members re-opened the meeting to address the matter that wasn’t on the agenda.

Hartley said he heard about the potentially “illegal” meeting after receiving calls from many residents.

The June 8 meeting required the participation of 100 registered voters. Hartley stepped down as moderator after 18 years last spring to campaign for a Selectmen seat.

Town Moderator Kirby Gilmore, who has served as moderator in the past, opened the Special Town Meeting after that meeting’s quorum of 75 had been noted by Town Clerk Naida Parker.

Parker, who is also a Selectman, said she discovered the problem nearly 30 days after the meeting while filing paperwork for the state attorney general’s office.

Records showed that only 91 people were present, Parker said.

Parker asked for assistance from Town Administrator Mike McCue and Town Counsel Blair Bailey shortly after.

Selectman Chair Richard Nunes told Hartley he wasn’t aware of the problem until July 20.

Bailey and McCue said after speaking with attorney general representatives, it appears that state Rep. Bill Straus must file special legislation to uphold the votes.

“I believe the attorney general had mentioned that this isn’t unusual - it’s frowned upon - but it’s not unusual,” Nunes said.

Hartley said the meeting should not have been held.

“This is way more serious,” Hartley said. “I hate to say this happened and I don’t think we should get a free pass on this…somebody should fess up.”

Hartley suggested holding another Town Meeting where the articles would be voted on again. He opposed having Straus file special legislation.

Hartley also questioned Parker about her role. As town clerk, she is responsible for notifying the town moderator when a quorum is reached.

Parker said after seeing that the Special Town Meeting quorum had been met, she took her seat on the stage alongside Selectmen and Finance Committee members.

She said Gilmore then opened the Annual Town Meeting.

“I didn’t question [Gilmore] when we started the annual,” Parker said. “I didn’t challenge him on it at that point.”

Bailey said he will be in contact with the attorney general’s office regarding a solution. He told Hartley the quorum problem wasn’t discussed in public previously because he was searching for answers.

“I understand your concern. I don’t like coming before this board having to answer a question with, ‘I have no idea,’” Bailey said.