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 1 January
2006
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Voice from the Vault
By Gregory Sanford |
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End of the Year Ponderings on iPods and Progress
The deadline for January’s Opinions deadline finds me at
home, enjoying a week off between Christmas and New Year’s. The living
room still contains wrapping paper, boxes and the other detritus of
Christmas morning. After presents were exchanged and admired, my
younger daughter started instant messaging her friends to compare
notes. Various types of mobile phones competed with iPods as the most
celebrated present. Later, taking my daughter and her friends to
basketball practice, I listened as they compared the capabilities of
their phones and the storage capacities of their iPods (those who
could store 1,000 songs gained a certain cache over those who had to
limp along with only 500 selections).
The joy these 14 year-olds found in their technological talisman
occasioned growing anxiety on the part of their chauffeur, who earned
his car and gas money by being an archivist. While my profession
grappled with how to save e-mail as records (and while some officials
still challenged whether e-mail was a record), here was a generation
that had already passed e-mail by in favor of instant messaging.
Instant imaging is gaining a foothold among adults (according to one
recent survey about a third of American adults use it) and within the
workplace. How are we going to manage it?
The conversations about mobile phones added to my anxiety since my
daughter’s friends’ idea of a "phone" embraced text messaging, video
and photo and other record-creating capabilities that are also being
integrated into the workplace. Indeed, it is not impossible to
envision a workplace in which PCs have been replaced by hand-held
devices, which we may still call "phones" much like some continue to
refer to backing up computers as "archiving."
Nor could I share in the exuberance over iPods since I had just
spent several months in a losing effort to convince various officials
that CDs were not an archival medium. So while those officials,
persuaded by vendor claims that CDs would last 50 years, committed to
the use of compact disks for storing archival records, my daughter’s
friends were abandoning their CDs for iPods.
But ‘tis the season and all that and soon thoughts of the future,
as glimpsed in a child’s Christmas, were replaced by reflections on
the year soon ending. Thanks to the support and concern of more
legislators and officials than I can enumerate, numerous opportunities
opened up during 2005. Money was appropriated for the site selection
and initial planning for a new archives and research facility. The
lack of adequate space has been the single greatest barrier to
establishing an effective archival management program for state
government. We simply do not have the space to accept archival records
and what space we do have is becoming unsafe. The week before my
vacation a sewer line above the vault cracked, though luckily the
problem was caught before we had a repetition of last year’s flooding
of the vault.
The legislature also created opportunities to work with all three
branches on establishing strategic plans for managing their records.
While this work is only in its initial phase, it is helping us
understand how records are created, used, accessed and preserved
across government. While our emerging view of the current state of
record keeping is not uniformly encouraging, it does provide us with
the information and contacts needed to act effectively.
Our work was greatly aided by the addition of another archivist to
the staff this year. Tanya Marshall, who had been working with us
through the court administrator’s office on the judicial record
program, became a full-time member of the staff this summer. We were
also assisted this past year by Anne Ostendarp, a noted archival
consultant, who worked on the executive agency record program prior to
taking an archival position in California.
A year and a half ago the Archives finally received sufficient
statutory authority to begin a true archival management program. This
past year saw great strides in giving life to those new authorities.
In the coming year we hope to begin implementing some of the
strategies we developed this year. In the meantime I will keep a close
eye on what technologies emerge among my daughters and their friends.
Table of Contents |
Past Issues of
Opinions |
Secretary of State's Homepage
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Opinions of
Opinions
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1. Nominating petitions for Australian Ballot due January 30th.
In towns that use Australian Ballot to elect officers,
nominations of the municipal officers must be by petition. The
petition is due by 5:00 on January 30 (the sixth Monday preceding
the day of election). The candidate must also file a written consent
with the clerk by 5:00 on the Wednesday following the filing
deadline (Feb. 1). Petitions can contain the name of only one
candidate and must include the office and the particular seat to
which the person wishes to be nominated. 17 V.S.A. § 2681. Petitions
must be signed by 30 voters or 1percent of the checklist, whichever
is less. 2. Voters may only sign one petition for same office.
A voter may not sign more than one petition for the same office
unless there is more than one nomination to be made. In such a case
a voter may sign only as many petitions as there are nominations to
be made for the office. 17 V.S.A. § 2681. This means that when the
clerk is counting signatures he or she must discount a signature
that appeared on a petition submitted early for that office. It is
not up to the clerk to determine which petition the voter first
signed.
3. Filing deadlines that fall on the weekend move to the next
business day. For purposes of Vermont Election Laws, if a date
for filing petitions, consent forms, or other documents falls on a
Saturday, Sunday or legal holiday, then the deadline is extended to
5 p.m. on the next day which is not a Saturday, Sunday or legal
holiday. We have had a number of calls regarding petitions for
reconsideration or other petition filing deadlines. This is the rule
for any filings which are covered by Title 17, and you must accept a
petition on the next day. 17 V.S.A. §2103(13).
4. Voter registration deadline that falls on a legal
holiday moves to next business day. Although not strictly a
filing deadline, we think that similar reasoning can be used when
the second Monday before an election falls on a holiday and the town
clerks office is to be open from 10 a.m. to Noon. The clerk’s
office should be open from 10 a.m. until Noon on the Tuesday before
the Election for the close of voter registration.
5. Clerk must be open for registration prior to Union School
votes. Town clerks whose towns are members of a union school
district must be open for voter registration on the second Monday
before the union school district elections, and then must provide an
authenticated copy of the checklist as updated to the clerk of the
union school district. 16 V.S.A. §706u provides the
particulars regarding the checklist for union district meetings.
This section incorporates by reference the provisions of Title 17
which require the town clerk to have office hours on the second
Monday before each election to allow residents to register to vote.
6. No special petition language is required to petition articles
for town meeting. There is no special language that is required
for citizens to petition the selectboard or school board to place
articles on the warning for town meeting. 17 V.S.A. §2642 states
that if 5 percent of the voters of the municipality file a petition
with the town clerk that the warning shall include the article.
Vermont Supreme Court cases tell us that an inclusion of a
petitioned article is not mandatory if the article is frivolous,
illegal, or pertaining to a matter which is not within the authority
of the electorate of the town to decide. For wording, we generally
suggest:
The undersigned petitioners, legal voters of the town of
ANYWHERE, Vermont, hereby petition the Selectboard to include
the following article on the warning for the next Annual town
meeting on March 7, 2006:
Article 1. Shall the voters of the Town of Anywhere vote
to... "include here the subject matter of the petition" , i.e.,
"increase the membership on the Selectboard from three to five
members with the two new members each to serve a two-year term."
7. Selectboard should try to prevent voter confusion with
more than one article on the same subject matter. The
Selectboard should exercise its discretion in preparing articles for
the warning in order to avoid two articles, one petitioned and one
from the selectboard, which cover the same topic and confuse the
voters. For example, in a town where the town has previously
voted to elect the road commissioner, 17 V.S.A. §2651(a), if the
selectboard wants to go back to appointing the commissioner and
prepares an article for the warning "Shall the voters of the Town of
Anywhere vote to have the road commissioner appointed by the
Selectboard rather than elected," then citizens in town hear that
the selectboard is considering such an article so they circulate a
petition which frames the same issue as "Shall the voters of the
town of anywhere vote to continue to have the road commissioner
elected by the voters?", the Selectboard should realize that if both
articles are included the voters could easily become confused and
there could be two articles passed which have conflicting results.
In such a situation, the selectboard could withdraw their proposed
article and ask voters to "vote NO" on the petitioned article which
would mean that the voters want the road commissioner to be
appointed.
8. Title 24 does not provide a specific route of appeal from a
decision by the Board of Abatement. If a taxpayer believes a
Board of Abatement has abused its discretion in denying his request,
case law in Vermont suggests that an appeal can be taken through
Rule 74 or Rule 75 of the Rules of Civil Procedure. Appeals under
these rules generally only permit reviewing the proceedings below
for abuse of discretion. Because the statute is silent about an
appeal, this limited review is the only review possible. Note also
that the Vermont Supreme Court has held that abatement requests
cannot be a substitute for an appeal of a property assessment by the
listers which must be appealed through the grievance and tax appeal
process.
9. Legislative body (selectboard or school board or prudential
committee) drafts budget to propose to voters. One of the
legislative body’s most important duties is to draft the budget of
the municipality. This budget is included in the warning and is then
voted at town meeting. In most towns the legislative body asks for
input from the various departments and from citizens. However, the
ultimate decision about what to put before the voters for a budget
vote is up to the legislative body.
10. Budget committee requires public meeting with notice. The
committee appointed by the selectboard to prepare a proposed budget
for the board’s review is a public body subject to the open meeting
law. This means that the committee must publicly announce its
meetings at least 24 hours in advance by posting in the clerk's
office and two other public places, keep minutes and give the public
who attend reasonable opportunity to be heard. 1 V.S.A. §§ 310, 312.
11. Budget committee may act without a quorum. A budget
committee appointed by a board may act without a quorum unless the
board or municipal charter provides otherwise. Vermont’s quorum rule
requires that "when joint authority is given to three or more, the
concurrence of a majority of such number shall be sufficient and
shall be required in its exercise." 1 V.S.A. § 172. Because the
budget committee provides only a recommendation to the selectboard,
this quorum requirement will not apply.
12. Any committee or subcommittee requires a public meeting with
notice. This means that the committee or subcommittee must
publicly announce its meetings at least 24 hours in advance by
posting in the clerk's office and two other public places, keep
minutes and give the public who attend reasonable opportunity to be
heard. 1 V.S.A. §§ 310, 312.
13. Hunting club may not seek municipal appropriation. Public
money may not be used to support private groups, like a hunting
club. Money may be appropriated for certain social service agencies
listed in state law. These include, (but are not limited to)
services for/involving transportation, day care, nutrition, senior
citizens, etc. See 24 V.S.A. §
2691.
14. Only social service agencies that serve the community may
request special appropriations from the town. The general rule
is that a town may only spend taxpayer dollars for social service
agencies that serve the community. According to 24 V.S.A.
§ 2691 a town or village may
"appropriate such sums of money as it deems necessary for the
support of social service programs and facilities within that town
for its residents." Note that, despite the statutory language, the
Vermont Supreme Court has held that social service agencies
physically located outside the municipality may be considered to be
social programs within the village or town if the agency serves the
residents of the municipality. Addison County Community Action
Group v. City of Vergennes, 152 Vt. 161 (1989)
15. Social service agency does not have to petition if
selectboard agrees. An organization’s request for a town
appropriation can be placed on the ballot in one of two ways. An
agency can bring a petition, signed by 5 percent of the voters, to
the selectboard by the 40th day before the
date of the meeting. 17 V.S.A. §
2642. In the alternative, the selectboard may, on its own motion,
include in the warning appropriations for non-profits that serve the
town. Some selectboards have an established policy about when it
will include an appropriation request on the warning without
petition. A typical policy is to automatically place on the warning
the previous year’s appropriations. In these towns, any non-profit
that had not previously been given funds by the town, or an
organization that wishes an increase in funding must still petition
the town to get on the ballot.
16. Social service agencies can do a joint petition if they
choose to work together. The law permits those who petition for
articles on the warning to design their own petition. This means
that if they want to, multiple service agencies can work together to
circulate a single petition that asks for appropriations for each of
them. Although the law does not require it, we recommend that such
petition be drafted with each agency as a separate article so that
each agency appropriation is voted on separately.
17. Auditors must be given access to records. Town
auditors must meet at least 25 days before each annual town meeting,
examine and adjust the accounts of all town and town school district
officers and all other persons authorized by law to draw orders on
the town treasurer. 24 V.S.A. § 1681. However, many auditors begin
their work in early January. The law provides that at any time in
their discretion, town auditors may, and if requested by the
selectboard, must, examine and adjust the accounts of any town
officer authorized by law to receive money belonging to the town.
Any town officer who willfully refuses or neglects to submit his or
her books, accounts, vouchers or tax bills to the auditors or the
public accountant upon request, will be ineligible to re-election
and will be subject to possible fines or penalties. 24 V.S.A.
§ 1686.
18. Auditor meetings must be noticed as public meetings.
Meetings of town auditors must be announced to the public as a
special meeting of the board in accordance with the requirements of
the open meeting law. 1 V.S.A. §
312. Town auditors may perform merely clerical functions outside of
an open meeting (ie. checking accounts, reviewing books, etc. . .)
but best practice is to notice a public meeting of the board
whenever a quorum of the board meet to perform auditing functions.
19. Nonsmoking law applies to volunteer fire department. The
law prohibits "the possession of lighted tobacco products in any
form . . . in the common areas of all enclosed indoor places of
public access and publicly owned buildings and offices." 18 V.S.A. §
1742. "Publicly owned buildings" are defined as "enclosed indoor
places or portions of such places owned, leased, or rented by state,
county, or municipal governments, or by agencies supported by
appropriation of, or by contracts or grants from, funds derived from
the collection of federal, state, county, or municipal taxes." 18
V.S.A. § 1741.
20. Selectboard may choose to plow some class 4 roads. While
the law requires a town to "keep its class 1, 2 and 3 highways and
bridges in good and sufficient repair during all seasons of the
year," class 4 highways may be "maintained to the extent required by
the necessity of the town, the public good and the convenience of
the inhabitants of the town." 19 V.S.A. § 310. This gives the
selectboard flexibility to plow some class 4 roads but not others.
We recommend that selectboards adopt a policy that describes the
situations in which it will plow a class 4 road. A clearly
enunciated policy will enable the residents who live on these roads
to know what to expect and to know they are being treated equally.
(An example of a policy to plow would be if it is necessary to
provide school bus service to children living on the road.)
21. Selectboard not bound by policy of previous board. The
selectboard may reconsider its road policy whenever it feels it is
necessary. A board is not bound by a previous policy and may change
it to reflect what the board believes is the best interest of the
community. A person who lives on a class 4 road has no right to
continued plowing even if the road has been plowed in the past.
22. Town should not plow private roads. The recommendation
that towns not get in the habit of plowing private roads comes from
the rule found in our constitution that public resources may not be
used for private benefit. While it is tempting to plow private roads
as a courtesy for residents, it is important for towns to make a
consistent policy so that all residents are treated equally
(remember property on a private road is listed at a lower value that
those on the public highway – so they are paying less property taxes
because they are not receiving the benefit of road maintenance at
town expense.) Also note that a town that maintains private roads
over a period of time may be deemed to have acquired the road
through "dedication and acceptance."
23. Selectboard can erect or remove fences to minimize
snowdrifts. Vermont law gives the selectboard the authority to
lay down fences on property adjoining the town highway – or to erect
a snow fence on adjoining land when it determines that the road is
liable to be obstructed by snowdrifts unless these actions are
taken. 19 V.S.A. §§ 925, 927. The board must give notice to the
owner or occupant of the land before taking these actions, and give
the owner an opportunity for a hearing on the matter.
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.
Table of Contents | Past Issues
of Opinions | Secretary of State's Homepage
Tune-up for Towns
Does Your Town Need a Tune-Up? Part 6
(Excerpted from Tune Up for Towns, a publication of the
Office of the Secretary of State. To obtain the full publication,
visit www.sec.state.vt.us or call 802-828-2148)
You go to the dentist twice a year for a checkup, usually not
because you have a known problem but because you want to know if
there is one you haven’t noticed. Some annual checkup is also
probably done on your furnace, your car, and your dog. So why not
the town? Give your town a legal tune-up by review the checklist
below.
Last month we provided a checklist of items to consider to ensure
that you are following the legal requirements of Board of Civil
Authority. This month’s checklist will cover considerations for
management of the town highways. As with last month’s list, some of
the items are not the law; they are simply recommendations based on
others’ bad experience. The list below is just the start.
Highways: A Legal Tune up for Towns
þ Is there a
highway book where all surveys, certificates and other paperwork
relating to highways is kept? (Not a legal requirement, but a darn
good idea; if not a book, then is there some index to locating these
records?)
þ Have all
highways been accounted for? Each town ought to have a record of all
highways ever laid out and of their present status. A town should
know not only which roads are clearly public, but ought to scope out
the potential close calls. Knowledge is the best security here.
Before working within the right-of-way, can you say for certain its
width?
þ Does the road
commissioner understand the limits of his or her authority (i.e.,
that the selectboard controls the highway budget and makes all
substantive decisions about highway work)?
þ Is there any
potential problem with stored salt, gasoline tanks, or other hazards
that can affect the town’s liability?
þ Are all class 3
highways maintained, including winter plowing? Does the town plow
private driveways? What is your class 4 highway policy? Is it clear
to all landowners that they need a permit to work within the highway
right-of-way?
þ If the town has
adopted a snowmobile ordinance relating to the use of the town
highways, has it been reviewed recently to see if it is in line with
the law? Have the highways been posted? See 23 V.S.A. § 3206(b)(2).
þ Is the speed limit of all town
highways properly set and posted? Is it time to review the policy
throughout the town?
A Legal Tune up for Towns:
Boards of Civil Authority
þ Are all Justices properly sworn on or before February 1
of the year following their election? Have all members of the board
taken the necessary oath prior to hearing tax appeals?
þ Does the board know and understand the conflict of
interest provisions of 32 V.S.A. § 4404(d) and 12 V.S.A. § 61?
þ Has the board elected a new chair following town meeting
each year? See 24 V.S.A. § 801. If members of the board have been
appointed to ensure political balance are you sure that they
participate in only election-related functions? 17 V.S.A. § 2143.
þ Are board meetings being warned at least five days
before the meeting, by providing written notice of the meeting to
all of the members of the board, and by posting a public notice in
two places in each voting district and by lodging the notice in the
town clerk’s office? 24 V.S.A. § 801.
þ Are the board’s decisions written
lucidly enough to explain to taxpayers and listers the basis for its
decision in a tax appeal? Try asking a resident who has no interest
in an appeal this year to read a decision and see if it’s clear
enough.
þ Has the board purged the checklist, reviewing every name
for continued eligibility (residency, in most cases) by September 15
of each odd-numbered year? See 17 V.S.A. § 2150(d).
þ Has the board reviewed its policy on the number of
voting booths, the time of opening the polls on Election Day
(particularly the Primary and General Elections), and the number and
adequacy of polling places recently?
þ Has the board checked all polling places to ensure that
they are fully accessible (including accessible bathrooms if there
are bathrooms available to the general public?)
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Tip of the
Month
This month's tip comes from VMCTA President, Clyde Jenne.
"Let’s worry less about 'political correctness' and be sure that
we’re all citizen correct in treating our townspeople with
courteousness and respect."
To submit a tip, please email Clyde Jenne (VMCTA President) at
hartlandvtclerk@vermontel.net or mail it to: Clyde Jenne,Town of
Hartland, P.O. Box 349, Hartland, VT 05048 |
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Vermont Public Service Awards
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Vermont Public Service Awards
Please note that we will publish winners from
other counties
in upcoming issues of Opinions!
Reminder: We will be starting up with the VPSA ceremonies again
in the spring. There is still time to get nominations in, if you
have not already done so. Please call 828-2148 for more information
and to receive nomination forms.
Caledonia County and Surrounding Areas
Lyndon, Vermont
October 27, 2005
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Danville Ernest Balivet
Martin Beattie
George Cahoon, Jr.
Howard Gadapee
John Timothy Ide
Jane H. Larrabee
Leslie A. Parker
Stephen M. Parker
Lloyd H. Patterson
Granby
Bruce Berryman
Cara Berryman
Barbara Brown
Lynwood Brown
Debra Bunnell
Reginald Bunnell
Fredrick Hodgdon
Priscilla Hodgdon
John Noble
Nellie Noble
Kirby
Deborah Gorham
Wanda Grant
Reginald Lussier
John McClaughry
Elby Willey
Donald Wood |
Lyndon Sheila Aronoff
A. Richard Boera
Ken Burchesky
John H. Elliott, M.D.
Martha Feltus
Harriet Fletcher Fisher
James "Butch" Forget
Gregory Hopkins
Cola H. Hudson
Bruce James
Nancy Lawrence
William C. Thompson
Alfred Toborg
Peacham
Jeffrey Berwick
John Sheehan
Ryegate
Bruce Beauvais
Dean Rowden
Dale Wright
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Sheffield Clarence Ash, Jr.
Lewis Brill
Garth Chesley
Myron Corliss
Charles Gilman
Leslie Ham
Edward Jewell
Kathy Newland
Leslie Newland
John M. Simons
Lloyd Thompson
Sutton
Elaine Bandy
Scott Brill
Dorreen S. Devenger
Marlin W. Devenger
Holly Heverly
Laurel E. Holmes
Reginald Jenkins
John Newpher
Johanna Pal
Norbert Patoine
Alan F. Seymour
Larry Seymour
Sharolyn Seymour
Glen Stine
Keith Ward
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Walden Chris Bissell
Diane Cochran
Joanne H. Foster
Roger Fox
Pat Frain
Marvin Greaves, Jr.
Waterford
Robert Badurski
Edward Bates
Charlotte Blodgett
D. Carol Bonnett
George Bullock
David Coburn
Howard Jones
Kenneth Keach
Michael Keach
Charles Lawrence
David Morrison
Robert Payeur
Clement Potvin
Patricia Powers
Clarence Priest, Jr.
Bernard Willey
Dorothy Willson
Wheelock
Peter Miller
Preston T. Smith
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Rutland County and Surrounding Areas- November 2, 2005 |
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Arlington Donald Brown
Nathalie Caler
Ronald Cole
Linda P. Crosby
Frederick Grout
Raymond Grover
Gary Gunther
Brian Hawley
Mark Hawley
Patrick Hawley
Frederick Hawley, III
Chris Heins
Tony Hover
Gene Hoyt
Gordon Hoyt
Cyril Hoyt, Jr.
Frederick W. Hoyt, Sr.
John Jamieson
Richard Keough
Richard King
Ronald King
Robert Mattison
Norman Mattison, Sr.
Anthony R. Mento
Lawrence E. Molloy
Traci Mulligan
Randy Novotny
Patrick Pickering
Jack Ritchie
Lyle Salter
Kenneth Smith
Keith Squires
John Steel
Roger Webster
Arnold K. Wilcox
Michael Wood
Roger Wood
Joyce A. Wyman
Theodore Zakrzewski
George Zimmer
Brandon
Robert Bailey
Seth R. Clifford
Wilda Harris
Charles Jakiela
Ruth Nichols
Kjell Thompson
Chester
Deborah Aldrich
Carol L. Balch
Thomas Bock
Erron J. Carey
George C. Cook
Aili R. Farrar
Clair Hesselton
Sandra K. Walker
Dorset
Harold R. Beebe
John H. "Hal" Coolidge
James Faszholz
Lucille Fay
William J. Mahlmann
Theron D. Troumbley
Nathaniel "Terry" Tyler, III
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Fair Haven Michael
Barsalow
David Eighmey
James Heller
Donald Howard
Dennis Reid
David Ward
Hubbardton
Paul Albro
David Barker
Donald Brown
George W. Davis, Jr.
Dwayne Gibbs
Robert Gibbs
Gregory Rickert
Margaret Vittum
Ira
Donald Berg
John Farrell, Jr.
Donald Hewitt
Manchester
Philip Bourn
Noel Coniglio
Terry Fuller
Lawrence Grant, Jr.
Butch Hulett
Marc Johnston
Carroll "Fuzzy" Knight
Tom Ouellette
Don Pierson
Mark Roberts
Chuck Thompson
Chris Towslee
Scott Welsh
Gary Wilcox
Middletown Springs
Laura Castle
Pawlet
Lawrence Beecher
Michael Beecher
Judith S. Coolidge
Richard Dimick
Richard J. Hulett
Donald Lewis
Marilyn Lewis
Thomas Nelson
Roderick Prevost
Jim Reid, Sr.
Ronald Taylor, Jr.
Ronald Taylor, Sr.
Myron Waite
Ivan Watrous
Craig Watrous, Sr. |
Pittsfield John Barrows
Mark Begin
Sandra Begin
Melvin Colton
Ray Colton
Robert Colton
Ronald Coughenour
Malvern Folsom
Joseph Fuster
Sarah Gray
John Kennedy
Ellen Martin
Susie Martin
Eugene E. Martin, Jr.
Richard McGarry
Richard Taylor
Pittsford
Bruce A. Babcock
Richard A. Beriau
Franklin G. Bovey
William Bowman
John Cadwell
Peter A. Cady
Matthew L. Candon
Richard G. Conway
Gordon R. Delong
Edward W. Fox
W. Joseph Gagnon
Rachael Giddings
Kenneth Haviland
William Hemple
Thomas F. Hooker
Odell A.D. Johnston, Sr.
Edward Keith, Sr.
Stanley Markowski
Bernard McMahon
Marsha R. McMahon
Dorothea J. Parker
Raymond J. Parker
Robert E. Parker
Donald Pickering
Charles H. Shaw
Robert L. Sird
Joseph W. Sposta
Anthony J. Tennien
David Trombley
Proctor
Sidney Jones
Rochester
Homer Brown
Mary O. Davis
Marvin C. Harvey
Richard S. Harvey
Mary Ann Martin
Thomas A. Simpson
Norman R. Smith
Rupert
Eugene Ceglowski
Donald S. Lewis
Austin McKeighan
Jay E. Wilson
Jay E. Wilson, III
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Sandgate Charles Bentley, Jr.
Suzanne Depeyster
Ann Wuerslin
Shrewsbury
John Berryhill
Herbert Carrara
Barry Griffith
Marilyn "Sally" Jones
Tom Mitchell
Al Ridlon, Jr.
Al Ridlon, Sr.
Robert Snarski
Stockbridge
Jon Benson
David Brown
Kent Butterfield
Theodore Green, Jr.
Richard Lunna
Thomas Michaud, Jr.
Daniel Novotny
Harry Whitaker
Tinmouth
Cecil Buffum, Jr.
Gail Fallar
Nelson Jaquay
Glenn W. Merrill
Hollis Squier
Marshall Squier
Truman Young
Wallingford
Warren Allen
Joyce Barbieri
Donald Belcher
Dale Davenport
Clifford Dawson
Charles Gauthier
Russell Haskell
Todd Morse
Richard Munson
Gerald Reynolds
Rita Reynolds
Allyn Seward
Stanley Seward
Frederick Thurlow
West Haven
John Baldwin
Brian Book
Charles P. Book
Harold Book
Leland Ellis
Thomas Fucile
William Kuehn
Henry Parrott
Michael Pettis
Donald Pettis, Jr.
Carol Richards
Joseph Stanionis
West Rutland
Frank J. Bruno
Jayne L. Pratt
Joseph Skaza
Anthony J. Tumielewicz
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Civics:
Behind the Scenes
by Janel Johnson |
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Happy New Year! As the Legislature convenes in the State House we
are happy to announce the arrival of our newest publication How A
Bill Becomes A Law - designed for 6th – 8th
graders. This comic-like booklet makes learning about Vermont’s
legislative process a whole lot of fun! In this book students discover
just how many people it takes to make a bill become a law and see how
they can become involved. We encourage you to order copies for the
town offices.
Click here to learn more: We also want to remind you of our
other publications for Vermont students which are free of charge. Last
summer we published Vermont History Facts & Fun for 3rd
– 5th graders. This 24-page activity book is
designed to make it fun to learn about Vermont history, geography,
symbols and people. The book includes lots of games and puzzles to
engage students as they learn about the Green Mountain State.
Finally, we have begun filling orders for the Vermont Town Meeting
Activity books as well. Many of you have used these in the past with
school children and we hope you do so again! There are three levels to
these booklets:
·
Vermont Town Meeting Coloring & Activity Book
Suggested Level: K-3rd Grade
·
Town Mouse & Country Mouse Go To Town Meeting (plus
Teacher’s Guide)
Suggested Level: 4th – 6th
Grade
·
Town Meeting Day: A Vermont Tradition (plus Teacher’s
Guide)
Suggested Level: 7th – 12th
Grade
For questions about any of these titles, or to order these
booklets, please contact me at jjohnson@sec.state.vt.us
or (802) 828-1296. Thanks!
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Quote of
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"It’s not the years in your life that count,
it’s the life in your years."
Abraham Lincoln
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Mailing List Updates |
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January-February 2006 Calendar |
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JANUARY 2006
January 1 New Year’s Day.
1:371
January 3 Legislature reconvenes (second year of
biennium).
January 6 (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)
January 15 Last day for Tax Collector to deliver unpaid
real and personal property tax lists to Town Treasurer. 32:5162
January 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 an animal and rabies control program.
20:3581(f)
January 16 Martin Luther King, Jr.’s Birthday. 1:371
January 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 $2500 per quarter. More than $2500 requires
monthly report; more than $9000 requires semi-weekly report. 32:5842
January 26 (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 warnings. 17:2642(a)
January 26 (40 days before Town Meeting) The
legislative body has its first opportunity to warn the meeting, post
the warning and notice in two public places and in or near the Town
Clerk’s office. 17:2641(a), 2642
January 26 (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
January 26 (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)
January 30 (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)
January 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
January 31 Last day for Auditors to post 10 days’ notice
of their meeting to examine town accounts. 24:1681
January 31 (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)
January 31 Last day to mail W-2 Withholding Forms to employees.
January 31 Last day to file Form 941 (Quarterly
Withholding Return) with the IRS.
FEBRUARY 2006
February 1 Deadline for Tax Collector to turn over moneys
collected and settle account with Treasurer. 24:1532
February 1 Last day for Listers to file corrected grand list
for preceding year in order to render it valid. 32:4112
February 1 (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)
February 1 (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)
February 1 (Wednesday after filing deadline) 5:00 p.m.
deadline for candidates to file supplementary petitions if initial
petition was not accepted. 17:2681(e)
February 5 (Not less than 30 days before Town Meeting)
Last day for municipality to post warning and notice of Town Meeting.
17:2521(a), 2641(a), 2642
February 5 The most recent checklist of the town should also be
posted at this time, wherever the warning and notice is posted. In
towns that divide their checklist, that portion of the checklist that
applies to the district should be posted.
17:2141, 2501, 2521(a)
February 6 Last day to hold first public hearing on charter
amendments if article is to be voted at Town Meeting. 17:2645(a)(3)
February 10 (25 days before Town Meeting) Auditors must
meet by this date to examine and adjust town finances. 24:1681
February 10 (25 days before Town Meeting) Town officers
must settle accounts with Auditors to be eligible for re-election.
24:992
February 10 Last day for any municipality that has enacted
special weight limits, which are other than State legal limits for
highways and bridges, to file complete copy of the limitations with
the Department of Motor Vehicles. 23:1400b(a)
February 10 Last day for Selectboard to file with Town Clerk
annual statement of description and measurement of all Class 1, 2 and
3 town highways, then in existence, including special designations.
19:305(b)
February 12 Lincoln’s Birthday. 1:371
February 15 (In towns using Australian Ballot 20 days before
election) Under direction of the Town Clerk, ballots must be back
from printer. 17:2681a(a)
February 15 VLCT LOCAL GOVERNMENT DAY IN THE LEGISLATURE
February 20 Washington’s Birthday. 1:371
February 21 (At least two weeks before Town Meeting)
Town Clerk must have liquor ballots printed if liquor issue is on
Annual Meeting agenda and if town does not use Australian Ballot.
7:163
February 25 Last day for legislative body to post warning for
public informational hearing on any public question to be voted by
Australian Ballot at Town Meeting. 17:2680(g)
February 25 (At least 10 days before Town Meeting)
Selectboard must mail or otherwise distribute Town Meeting warning in
annual town report by this date to avoid publishing warning in
newspaper. 17:2641(b)
February 25 (At least 10 days before Annual Meeting)
Auditors’ Report, or the findings of the public accountant employed in
accordance with 17:2651b, must be distributed. 24:1682, 17:2651b
February 25 (At least 10 days before municipal election)
Last day for Town Clerk to post sample ballots in the same places
Clerk has previously posted copies of the warning, notice and
checklist. 17:2522(a)
February 25 (At least 10 days before the election)
Voting machines must be tested using official ballots that are clearly
marked "test ballots." 17:2493(b)
February 27 (10 days before the election) Candidates for
Town Meeting local election who are spending more than $500 must file
a campaign finance report with officer with whom nominating papers
were filed. 17:2822, 2103(13)
February 27 Last day for Town Clerk to receive a request for an
application for addition to the checklist simultaneously with a
request for an early voter or absentee ballot. 17:2532(b),(c)
February 27 (Second Monday before the election) Town
Clerk’s office must be open from 10:00 a.m. or earlier until at least
12:00 noon for the purpose of receiving applications for addition to
the checklist. 17:2144(a)
February 27 Last day (up to 12:00 noon) for people who
are not eligible to register to vote by this date, but who will be by
election day, to file a written notice of intent to apply with the
Town Clerk. 17:2144(b),(c)
February 27 (During the eight days immediately preceding
election day and on election day) In towns using Australian
Ballot, Town Clerk must give each pair of Justices the exact
number of ballots, envelopes, and list of ill or physically disabled
voters to be visited. 17:2538(b),(c)
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