Office of the Vermont
Secretary of State -
www.sec.state.vt.us
26 Terrace Street,
Montpelier, VT 05609-1101 : Phone 802-828-2363
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Volume 8,
Number 11 December 2006
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Message from the Secretary |
Table of Contents |

I am proud of the way we run elections in Vermont. We are lucky not
to face the problems of voters around the country who were faced
with failures of new election equipment, confusing voter
identification rules, and improper purges of voters from their
registration rolls. Vermonters feel confident that our elections are
accurate, transparent and fair.
Of course, it takes the hard work of a lot of
people to run our elections.
I want to recognize the elections division staff
– Kathy DeWolfe, Melanie Hodge, Katie Lane-Karnas and David Crossman
for their exceptional work. I want to thank Kathy and her staff for
their great planning, keen attention to detail and high level of
professionalism. This was the first general election with all of the
requirements of the Help America Vote Act in place, and despite the
challenges this presented, as well as the usual (and new) challenges
we face every time there are hotly contested races; because of their
hard work, the elections ran smoothly.
I also want to recognize Vermont’s town clerks
and their election assistants.
It is not easy to run an election. Long lines of
voters waiting to check in, voters who can’t remember where they are
registered, politicians glad-handing voters outside the polling
place, poll watchers who cannot hear names and, this year, piles and
piles of absentee ballots to process. And yet, it is essential to
our trust in the democratic process that our election workers
perform their duties professionally, and without bias.
Finally, I want to thank all of the county clerks
who, for the first time in over 25 years, will be participating in a
statewide recount. These clerks and their staff will have to carve
time out of their busy schedules to organize and oversee the hand
recount of hundreds of thousands of votes. Finding enough people to
count, and following the very precise state recount laws while all
eyes are watching is not easy! They deserve our thanks!
Finally, I want to express my personal gratitude
to the people of the State of Vermont for honoring me by electing me
to serve as Secretary of State for two more years. If you have any
thoughts about how we might improve our services to Vermont’s local
officials in this next term please give me a call.
Thank you!
Deborah L. Markowitz
Secretary of State
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Message from the Secretary
Voice from the Vault
Opinions of
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On the Road to the Election
Upcoming Training Events
Tip of the Month
Municipal
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Quote of the Month
Update on
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Mailing List Updates
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Voice from the Vault
By Gregory Sanford |
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Education and Property Taxes: A View From 1890
Somehow when I wasn’t looking, I seem to have morphed into being a
bureaucrat. Now, instead of whiling away the day contemplating the
wonderful information held in the vault, I go to meetings, set out
policies and priorities, and other things administrative.
This leads to a certain wistfulness, particularly
when we create new tools for researching the Vermont experience. The
Archives’ new section containing the full texts of gubernatorial
inaugural and farewell addresses is a case in point (see my
October
2006 column or visit
http://vermont-archives.org/govhistory/gov/govinaug/index.htm).
There is much information in the addresses that begs further
examination.
Take William P. Dillingham’s 1890 farewell address.
Governor Dillingham reflected on a new education law that required
certification of teachers. The goal of certification was to develop a
common level of educational training and thus some uniformity in
education among the towns and school districts. As with many a
well-intended goal there was an unanticipated side effect. Dillingham
noted that while there was now "increased competency" among teachers,
"wages are somewhat higher, particularly in those districts where the
cheapest teachers were formerly employed."
Those "cheapest teachers" were primarily found in
the poorer rural districts, which now had to pay more. This led to
further ponderings by Dillingham. For reasons that will be clear, I
quote at length:
"The complaints regarding the operation of the
present law, come, as before stated, mostly from the back towns and
districts, and relate almost wholly to the matter of expense. In his
investigations of these complaints, the superintendent [of
education] has made a careful study of their difficulties, and the
facts he has brought to light in relation to the inequalities in
taxation for school purposes are positively startling. From tables
he has prepared it appears that while there are towns in the state
in which the average rate of taxation for school purposes amounts to
only seventeen cents on the dollar of the grand list, there are
others where it amounts to seventy-five cents, and one in which such
average rate is one hundred and thirty cents.
The same disparity in the rate of school taxes
that exist among the different towns, exists also in as great a
degree among the different districts in individual towns. In the
villages where the grand list is large, the taxes are light; while
in the hill districts where the grand list is small, they are almost
uniformly burdensome. In glancing through these tables, I notice
that in a town like Bennington, one district escapes with a tax of
six cents on the dollar of the grand list, while another is subject
to the burden of a tax ten times as great in its rate. The same also
appears to be true in Brattleboro, where one district requires a tax
of only ten cents on the dollar of its grand list, while another
requires one hundred; while in Bakersfield the disparity reaches the
greatest extreme, and the contrast in the condition of the people in
different districts in this respect is exhibited by the fact that in
one district the rate of school taxation is only seven percent,
while in another it is two hundred and fifteen percent. These, of
course, are extreme instances, and yet you will probably be
surprised when you examine the tables prepared by the
superintendent, and note the great inequalities that exist in
taxation for school purposes in every town where the district system
has been retained.
In his investigation the superintendent has
become convinced that a great wrong has been done to the poorer
class of towns and the smaller districts in the failure to provide
an adequate system for equalizing taxation for the maintenance of
the common schools, and after mature consideration, he has reached
the conclusion that the wrong can never be remedied until we adopt
the policy already adopted by at least nine-tenths of our sister
states in levying a state tax for this specific purpose.
He therefore recommends a state tax to equalize
taxation for school purposes among the towns, and the adoption of
the town system to equalize taxation among the districts. In
addition to such innovations, he also favors a law by which all
pupils in our public schools shall be supplied with the required
text books at the public expense.
He bases his argument in favor of such
recommendation upon the broad proposition that the education of the
masses is absolutely essential to the safety of the state and the
United States; that it is, indeed, a public necessity; and that the
state in recognition of this principle, has established a system
which is compulsory in almost every feature, and in which little
that is optional can be found; and he claims that the spirit of the
Constitution, as well as its letter, requires that, inasmuch as
society is protected in its enjoyment of life, liberty and property
in a thousand fold greater degree by education than through its
jails and prisons, every member is bound to contribute his
proportion toward the expense of that protection, and that until
taxation for the support of those schools in which are taught the
required English branches is substantially equalized among the towns
and among the districts, the state has subjected a portion of its
citizens, and those least able to bear it, to unjust hardship. Time
will not permit me to review his argument. Its material is drawn
from every source, his facts are clearly stated, and, to my mind,
his logic is unanswerable."
Dillingham’s concern sounds familiar. The 1890
legislature, dominated by the smaller rural towns under the then
system of one representative from each town, responded with a
statewide property tax for the equalization of education. That
statewide property tax remained until the adoption of a state income
tax in 1931. Throughout the forty years of the education tax, the
legislature had to make adjustments to the rates and grappled with
creating a system for the consistent appraisal of property among the
towns. Throughout the forty years the commissioner of taxes reported
on the amount each town raised and the amount each received in return.
Here my wistfulness fully takes wing. One role of
the Archives is to provide context for decision-making. Wouldn’t it be
wonderful if someone would analyze this early statewide education tax
to better understand how it worked and why, in the end, it was
abandoned?
I have put this on my list of things to do when I
retire, but my daughters assure me they have economic demands that do
not accommodate any thought of retirement (indeed, my daughters are
not reluctant to ask why I mulishly insisted upon being a public
archivist rather than, lets say, the chief executive of an oil
company).
So I throw this research idea out there for anyone not blessed with
children with certain economic expectations. At a minimum I hope it
entices you to root around in the inaugural and farewell addresses to
find other ideas to explore.
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1. Constitutional
amendments can be proposed this year! Vermont has one of the
most difficult constitutional amendment processes in the country,
which may be why our constitution is one of the least amended of all
the states. The amending process for the Vermont Constitution can be
found in Chapter II, Sec. 72. Proposals of amendment can only be
initiated every four years and they must be initiated in the Senate.
A proposal must be approved by two-thirds of the Senate (20 votes)
before being sent to the House, where a majority vote is required
for passage. Successful proposals are taken up by the succeeding
legislature, the intervening election allowing voters an opportunity
to instruct their legislators on whether to support any amendments.
The proposal must then survive majority votes of the Senate and
House, before being placed before the voters for ratification. 2. Town vacancies are filled by the selectboard.
When an elected official resigns the selectboard has 10 days to post
a notice of the vacancy. The board can act immediately to fill
the vacancy - and can decide to solicit applications or can decide
to simply appoint a qualified individual without an open
recruitment. This person will serve until the next election.
Note that the voters can petition for a special meeting to hold an
election to fill the vacancy. This is the purpose of the notice of
vacancy being posted - to let the voters know so that they can
decide whether to petition for a new election.
3. School board must fill school vacancies. A
change in the law permits school boards to fill vacancies on the
school board. 16 V.S.A § 424 (Prior law required the selectboard to
fill the vacancy with advice from the remaining school board
members.) While the open meeting law permits the board to interview
candidates in executive session the appointment decision must be by
vote in the open meeting. 1 V.S.A. § 313
4. Unfilled positions are treated as vacancies.
If no one wins a particular office it is treated as a vacancy.
The board should post notice of the vacancy and then should act as
quickly as possible to appoint someone to serve until the next
election.
5. Citizens may not petition for a town
vote to change the classification of a road. If the people who
live on a road wish to have it reclassified (usually from class 4 to
class 3) they must petition the selectboard to consider the change.
The law provides that if at least 5 percent of a town’s voters
and/or landowners petition to have a highway laid out, altered,
reclassified, or discontinued the board must begin the statutory
process to consider the change. Note that even if the process is
started by petition in the first instance, it is within the board’s
discretion whether to grant or deny the requested change. The
board’s decision can be appealed to the District Court. 19 V.S.A.
§708. If the board agrees to the request to reclassify, it may order
that the petitioners pay the costs of upgrading a class 4 town
highway to the class 3 town highway standards. 19 V.S.A. § 711.
6. Selectboard considers the public good when
deciding whether to reclassify a road. In deciding whether to
reclassify a road the selectboard makes a decision according to what
it deems is the public good and necessity. The law specifically
provides that a class 4 highway need not be reclassified to class 3
merely because there exists within a town one or more class 3
highways with characteristics similar to the class 4 highway. In
considering whether to reclassify a class 4 highway to class 3,
consideration may be given as to whether the increased traffic and
development potential likely to result from the reclassification is
desirable or is in accordance with the town plan. 19 V.S.A. § 711.
7. Citizens cannot force selectboard to change
road policy. In one town, citizens on a particular road were
unhappy about the level of service they received from the road crew.
After complaining to the selectboard and receiving a less than
enthusiastic response they wanted to petition the selectboard to
warn a meeting to discuss the road maintenance policy for the town.
The law does not require the selectboard to call such a meeting as
decisions about road maintenance are left to the discretion of the
board (who may delegate the decisions to the road commissioners). Of
course, the citizens can always raise these types of concerns during
the "other business" portion of town meeting.
8. Taxes must be accepted if received by midnight
unless a town establishes a tax due date that specifies the time.
The law provides that "a municipality that does not vote to fix
a date, time, or method of delivery for the payment of a tax shall
accept payment of a tax delivered or postmarked before midnight on
the day established in the notice required by section 4772 [title
32]." 32 VSA §
4773(b). This means that unless the town establishes that taxes are
due by a certain time - like the close of the office - on the tax
due date the town must accept payment delivered before midnight on
the tax due date. Putting payments under the door - or through a
mail slot is not uncommon.
9. Municipalities may choose to accept taxes by
postmark date. The law permits the town to establish by vote
that tax payments will be accepted so long as they are postmarked by
the tax due date. However, unless a town has so voted, the taxes
will be delinquent unless they are received by the town by the tax
due date. 32 VSA § 4773.
10. The selectboard may accept and/or purchase
property without voter approval. There is no law requiring the
selectboard to ask the voters for approval prior to accepting a
donation or making a purchase of land or buildings. Note that a
purchase of land can only be made without voter input where there is
already money in the budget to pay for the purchase (for example
money in the highway fund could be used to buy land for a salt
shed.) See 10 V.S.A. § 6302 (acceptance of donated property). If the
board has to borrow money to pay for the purchase it must get voter
approval in accordance with 24 V.S.A. § 1786a.
11. The selectboard has general oversight over
the town. The law delegates to the selectboard all duties that
must be performed in a town that are not otherwise delegated to
another official. Specifically, it provides "the selectmen shall
have the general supervision of the affairs of the town and shall
cause to be performed all duties required of towns and town school
districts not committed by law to the care of any particular
officer." 24 V.S.A. § 872.
12. Tax appeal hearings could be rescheduled for
the convenience of the taxpayer. In one town the taxpayer asked
for a tax appeal hearing to be rescheduled because he was not
planning to be in town. Although the law does not require the board
to reschedule tax appeal hearings for the convenience of the
taxpayer, the board should do so as a courtesy if it is reasonably
possible. If the tax appeal cannot be rescheduled then the taxpayer
should be reminded that he does not have to appear personally – and
can have someone else represent him.
13. The listers may not meet with the BCA prior
to tax appeal hearings! The law prohibits ex parte
communications (conversations between a decision maker and one of
the witnesses or interested parties) when there is a quasi-judicial
proceeding. Because the listers are interested parties at the
tax appeal – defending their assessments - they may not meet prior
to the tax appeal hearings with board of civil authority to discuss
the appeals. However, the listers may hold a public meeting to which
all appellants and the BCA are invited, to explain how they came up
with their values (generally - ie. not in specific cases.)
Members of the BCA can attend this meeting so long as they do not
discuss any particular cases that may come before the board and so
long as appellants and other members of the public are also invited.
14. Candidate petitions must include office and
term length. In municipalities using the Australian ballot
system for election of officers, Vermont law requires that
candidates clearly indicate the office and term length on the
petition prior to circulating it for signatures. 17
V.S.A. §2681(b). For example, a candidate cannot circulate a
petition for selectboard without indicating which term he or she is
seeking. It is permissible for a person to circulate two or three
different petitions for selectboard, one petition for the one year
seat, one for the remaining year of a three year term, and one for
the three year term, and then wait until the filing deadline to
decide which petition to submit to the Town Clerk. However, a
candidate cannot circulate a petition for signatures without a term
length and then add or change the term length after signatures have
been obtained.
15. Town meeting votes for officers are by paper
ballot. In towns that have not adopted the Australian ballot
system of voting for local offices, Vermont law requires the use of
paper ballots during the town meeting for election of officers to
the selectboard, listers, auditor, road commissioner, or water
commissioners. 17 V.S.A. §2646. If at least seven voters
support a request that paper ballots be used for voting on any other
article during a special or annual meeting, then paper ballots must
be distributed and used. 17 V.S.A. §2658.
16. Local officials must receive a majority of
all votes cast, not just a plurality in order to be elected
during an open town meeting. 17 V.S.A. §2660. If no candidate
receives the majority in the first paper ballot, then another vote
must be taken. If no person has obtained a majority by the end of
the third vote, then the moderator shall announce that the person
who received the least votes in the last vote shall no longer be a
candidate, and continue voting in like fashion until a candidate
receives a majority.
17. If a recount for JP or local official election ends up with a
tie vote, then a runoff election must be held pursuant to 17
V.S.A. §2682(e). When this happens the town must warn a runoff
election as required by the statute. This can generally be done in
plenty of time for the beginning of the JP term on February 1, 2007.
18. Although Justices of the Peace have been
elected (on November 7th,
2006), the term of office for the newly elected JPs does not begin
until February 1, 2007. A person elected
as a JP can take the oath and return the oath of office to the Town
Clerk at any time after receipt of the Certificate of Election, but
the person cannot perform any duties of a JP until February 1, 2007.
19. The age requirement for State Representative
and State Senator are not clear in the Vermont Constitution. In
discussions with staff at Legislative Council we agree that there is
no clear statement of age requirements in either the constitution or
the statutes today. However, the law is clear in Vermont that if
there are any questions about a person's qualifications to serve, it
is up to the House of Representatives to judge the qualifications of
its members (see 17 V.S.A.§2605), and it is up to the Senate to
judge the qualifications of its members. (17 V.S.A.§2606)
The consensus of several attorneys familiar with
the General Assembly is that if a person is 18 before the beginning
of the session, we think that the House or Senate would find that
person qualified to serve. If a person was not yet 18 in January
when the session begins, it is more likely that the House or Senate
might find that person not qualified to serve. However, this is just
our best estimation of what the House or Senate might do.
Our office does not have any authority to
determine a candidate’s qualification to be on a ballot. If
petitions and a consent form are properly submitted, the name will
be placed on the ballot. It is possible that the House or Senate may
adopt rules or that legislation may be proposed to address the age
qualification issue.
20. Employers must permit leave to serve in the
legislature. Unless the employer can establish that he would
suffer unreasonable hardship the law provides that "Any person who,
in order to serve as a member of the General Assembly, must leave a
full-time position in the employ of any employer, shall be entitled
to a temporary or partial leave of absence for the purpose of
allowing such employee to perform any official duty in connection
with his elected office. Such leave of absence shall not cause loss
of job status, seniority, or the right to participate in insurance
and other employee benefits during the leave of absence." 21 V.S.A.
§ 496. Although the legislator has the right to keep his or her
employee benefits during the leave of absence, he or she may be
required to pay the cost of those benefits.
21. There is no statutory limit to the purchase
price a municipality can pay for real property that is needed for
municipal purposes. Obviously it is a best practice for a
selectboard or school board to negotiate a price on any purchase
that the electorate will consider to be a fair price, but there is
no rule or statute that limits the board. However, if a municipality
intends to purchase property with a grant from the Vermont Housing
and Conservation Board, it may have to follow the grant rules that
limit purchase prices to the certified appraised value.
22. It is now time to purge voters. We have now concluded the
fourth general election after the changes to Title 17 which require
Boards of Civil Authority to wait to remove names from the checklist
of persons who have been notified in writing pursuant to 17 V.S.A.
§2150. Therefore, all persons who were sent challenge letters prior
to the 2004 general elections, and who did not respond to the notice
as described in section 2150 (d)(3), and who did not appear to vote
in 2004 or 2006, may be removed from the checklist. The Board of
Civil Authority must meet to remove those names. 17 V.S.A.§2150(d)5.
In our monthly Opinions, we provide what we
believe the law requires based upon our legal judgment, years of
observing Vermont's local government practices, and Vermont Court
decisions. This information is intended as a reference guide only
and should not replace the advice of legal counsel.
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On the Road to the Election
by Janel Johnson |
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Thanks to all Town Clerks who helped schools in
Vermont run their mock elections this year. We heard from many
teachers who are grateful for the support they received from their
town office so that their students could experience a mock election.
Over and over we hear how much students appreciate the chance to
vote. Principal Mark Carbone of Camel’s Hump Middle School in
Richmond had this to say about the mock election at his school: "The
students had fun and couldn’t wait to see what the results were in
our mock election. It’s part of our job as educators to involve
students in the democratic process. Holding a mock election clearly
demonstrates to them that their voice matters."
The mock election results reported back from Vermont schools are as
follows:
U.S. Senate
U.S. House
Bernie Sanders 58%
Martha Rainville 46%
Rich Tarrant 30%
Peter Welch 40%
Other 12%
Other 14%
Governor
Lt. Governor
Jim Douglas 59%
Brian Dubie 56%
Scudder Parker 30%
Matt Dunne 32%
Other 11%
Other 12%
Treasurer
Secretary of State
V. Murray Ngoima 21%
Deb Markowitz 52%
Jeb Spaulding 79%
Cheryl Moomey 34%
Boots Wardinski 14%
Auditor
Attorney General
Martha Abbott 30%
Dennis Carver 36%
Randy Brock 36%
Rosemarie Jackowski 18%
Thomas Salmon 34%
William Sorrell 46%
Please let us know if there is any further support
our office can provide as we work together to promote civic engagement
in our schools! Contact Janel Johnson at
jjohnson@sec.state.vt.us
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Upcoming Training Events |
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Saturday, December 9
Selectboard Forum
9:00 a.m. to 4:00
p.m.
Vermont College -
Montpelier
Contact VLCT –
800-649-7915
Tuesday, December 12
Legislative Preview
9:00 to 11:00
a.m.
Milton Town
Office
Contact VLCT -
800-649-7915
Thursday, December 14
Legislative Preview
9:00 to 11:00 a.m.
Wilmington Town
Office
Contact VLCT -
800-649-7915
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Tip of
the Month |
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This month's tip is a reminder that this is an
opportunity to share your ideas with your peers. Please email your
tips to Clyde Jenne, VMCTA President, at
hartlandvtclerk@vermontel.net or to Ginny Colbert, Secretary of
State's Office, at
gcolbert@sec.state.vt.us. Clyde Jenne - VMCTA President
P.O. Box 349
Hartland, VT 05048
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Municipal Calendar |
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DECEMBER 2006 1 Last day to
pay property taxes in towns that voted to collect interest on overdue
taxes. 32:5136(a)
7 Last day for U.S. Congressional candidates
to file FEC 30-day post-general reports (Oct. 20-Nov. 28), 2 U.S.C. §
434(a)(2).
14 Last day for Listers to notify persons of omissions from
inventory. 32:4086
18 Deadline for filing forty-day post election
campaign finance reports with the Secretary of State by candidates for
statewide office, state senator, state representative, political
committees, and political parties who have expended or received
$500.00 or more. Also deadline for filing forty-day post election
campaign finance reports by county office candidates who have made
expenditures or received contributions of $500.00 or more. County
candidates (probate judge, assistant judge, state’s attorney, sheriff,
high bailiff and justice of the peace) shall file with the county
clerk with whom his or her nomination papers were filed. Copies of
these reports must be forwarded by the county clerks to the Secretary
of State within five days of receipt. 17 V.S.A. §§ 2811, 2821(c),
2831.
If a filing deadline falls on a Saturday, Sunday or
legal holiday, then the deadline shall be extended to the next
business day. 17 V.S.A. § 2103(13). Candidates for the state senator
or state representative must also file such reports with the clerk of
the candidate's respective senate or house district (the same clerk
where the candidate files nominating petitions). 17 V.S.A. § 2811(e).
25 Christmas Day. 1:371(a)
26 (70 days before Town Meeting) First day to warn the first
public hearing if a charter adoption, amendment or repeal is to be
voted on at Town Meeting. 17:2641(a), 2645(a)(3)
30 Last day for Listers to correct real or personal estate omission
or obvious error in grand list, with approval of legislative body.
32:426
31 Town fiscal year ends, unless voted otherwise. 24:1683(c)
JANUARY 2007
1 New Year’s Day. 1:371(a)
3 (First Wednesday after the first Monday of January)
Legislature convenes. Vermont Constitution. Ch II, §7
5 (60 days before Town Meeting) Last day to warn the first
public hearing if a charter adoption, amendment or repeal is to be
voted at Town Meeting. 17:2641(a), 2645(a)(3)
15 Last day for Tax Collector to deliver unpaid real and personal
property tax lists to Town Treasurer. 32:5162
15 Last day for Town Clerk to remit to State Treasurer an
accounting of dog and wolf-hybrid licenses sold and remit the license
fee surcharge for a rabies control program. 20:3581(f)
15 Martin Luther King, Jr.’s Birthday. 1:371(a)
25 (Not less than 40 days before Town Meeting) Last day to
file petitions signed by at least five percent of voters with Town
Clerk for articles to be included in Town Meeting warning. 17:2642(a)
25 (40 days before Town Meeting) First day for the
legislative body to warn the meeting, by posting the warning and
notice in two public places and in or near the Town Clerk’s office.
17:2641(a), 2642
25 (40 days before Town Meeting) Last day for Board of Civil
Authority to designate polling places and, if necessary, divide the
checklist according to geographic boundaries. 17:2501(a)
25 (10 days before first public hearing) Official copy of
proposed charter amendments must be filed in Town Clerk’s office if
vote is to be taken on Town Meeting Day. 17:2645(a)(2)
25 State Withholding Tax Return is due (actual date by which
return must be postmarked is shown on the printed form) if
reporting less than $2,500 per quarter. More than $2,500 requires
monthly report; more than $9,000 requires semi-weekly report. 32:5842
29 (Sixth Monday before election) 5:00 p.m. deadline for
filing with the Town Clerk nominating petitions for town offices to be
voted on by Australian Ballot. 17:2681(a)
30 Last day for Auditors to post 10 days’ notice of their meeting
to examine town accounts. 24:1681
30 (Within 24 hours of receipt) Town Clerk must return
nominating petitions found not to conform, stating in writing the
reasons why they cannot be accepted. 17:2681(e)
30 Last day for Town Clerk in municipality with fiscal year ending
December 31 to publicly disclose fees kept as compensation for that
fiscal year. 24:1179
31 (Wednesday after filing deadline) 5:00 p.m. deadline for
candidates to file written consent for the candidate’s name to be on
the ballot. 17:2681(a)
31 (Wednesday after filing deadline) 5:00 p.m. deadline for
a person to withdraw after he or she has consented to be nominated.
17:2681(d)
31 (Wednesday after filing deadline) 5:00 p.m. deadline for
candidates to file supplementary petitions if initial petition was not
accepted. 17:2681(e)
31 Last day to file Form 941 (Quarterly Withholding Return)
with the IRS.
The Municipal Calendar is provided by the Vermont League of Cities
and Towns/Chittenden Bank and the Secretary of State's Office.
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Quote of the Month |
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We should certainly count our
blessings, but we should also make our blessings count.
-Neil A. Maxwell
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Update on
Holiday Displays and Municipal Property |
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Now that we have passed through Vermont’s biggest
holiday season—hunting season—the rest of the holidays will soon be
upon us. We are anticipating calls from the public or from public
officials in Vermont asking us about the guidelines for holiday
displays on municipal property. Although there has been a
considerable amount of litigation about holiday displays on public
property, longstanding public officials among us will remember that
there are no hard and fast "rules" that give a straightforward
answer to most of the questions regarding holiday displays.
Vermont has had two federal cases involving
challenges to religious displays on public property. In 1988, the
Trustees of the village of Hyde Park settled a challenge by agreeing
to no longer place a cross on the Hyde Park Court House lawn. In 1989,
the second circuit court of appeals held that based upon the specific
facts of the case, the display of the menorah in City Hall Park in
Burlington would violate the Establishment Clause of the First
Amendment.
A more recent 1997 second circuit case, Elewski vs.
the City of Syracuse, held that the challenged placement of a creche
in a public park along with a menorah in a nearby public park and
other secular decorations throughout town was not unconstitutional and
did not violate the separation of church and state required by the
first amendment. This court went through a detailed description of the
cultural, social, and economic motivations of the downtown merchants
and city officials in its analysis.
What do we learn from these cases? First, and
foremost, the definitive U.S. Supreme Court case, County of Allegheny
vs. ACLU (relied upon by lower courts to decide challenges to displays
on public property), makes it clear that any decision will be
extremely fact specific and the outcome will depend on the
presentation of the various facts to the judge. In fact, in Allegheny,
the Supreme Court justices wrote five separate opinions joined in
whole or part by various members of the court because the nine
justices drew different conclusions based on the facts as presented.
After the Allegheny decision, the judge must
determine "would a reasonable observer of the challenged display in
its particular context perceive a message of governmental endorsement
or sponsorship of religion? This endorsement test focuses upon the
perception of a reasonable, informed observer who must be deemed aware
of the history and context of the community and forum in which the
religious display appears. Therefore, after Allegheny, not every
city-owned and/or displayed creche or menorah violates the
Establishment Clause. The issue is now, would a reasonably informed
observer perceive the display as a message of endorsement of a
religion or perceive a celebration of the diversity of the holiday
season.
In a nutshell, we believe that if municipal
officials wish to permit holiday displays on public property, the
physical display(s) itself and all of the historical and cultural
facts surrounding the placement of the display(s) must support the
conclusions that the display(s) are a celebration of the diversity of
the holiday and not an endorsement of a religion.
(Reprinted from December Opinions 2005)
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