Recently I was watching my daughter's boyfriend Eli contort himself into a series of one legged positions reminiscent of the training scenes from The Karate Kid. That he was doing so while staring at his new cell phone encouraged me to risk asking a stupid adult question about what, exactly, he was doing. It turned out he was using his phone to take pictures of his foot, which had become infected from an encounter with poison ivy. The infection had reached the point that it was, apparently, worthy of capture and distribution as a digital image. This made perfect sense to my inner teenager.

To my inner archivist, however, this gave pause. As I noted in my January 2006 column I try to keep pace of technological change by observing my teenage daughters and their friends. It was such observations, for example, that gave me my first inkling that CDs would be superceded by iPods. That Eli could be using a "phone" that easily fit into his shirt pocket to create and transmit digital images provided another archival epiphany.

Actually, it inspired several archival epiphanies, all more or less depressing, but for the purposes of this column let me focus on how transportable our digital technology has become. I recently read in the New York Times a prediction that desktop computers will soon be replaced by laptops, PDAs/Pocket PCs, mobile phones, and other more portable devices. After all, why tether employees to a workstation when they can easily wander about with vast, and growing, amounts of computing power and memory?

One study I read estimated that mobile computing devices have a standard memory of capacity of 80 megabytes that can store the equivalent of 6,000 Word documents, 720,000 e-mails, 360,000 contact details, or 7,200 pictures. Of course these devices are not always as mobile as the people who use them.

A recent nine nation survey of leading taxi companies found that tens of thousands of these devices are regularly left in cabs. In Chicago alone, taxi drivers reported discovering, in a six month period, 85,619 mobile phones, 21,460 PDAs/Pocket PCs, and 4,425 laptops left behind by passengers (these figures are from a study sponsored by Pointsec Mobile Technologies).

Combining highly mobile technologies with human frailty can be dangerous. In the first six months of this year 93 cases of significant data loss, affecting more than 32 million individuals, have been reported (http://www.idtheftcenter.org/breaches.pdf.). Thirty-five percent of the incidents involved educational institutions, 23% concerned government, 19% general business; 11% health care facilities or companies; and 12% involved banding, credit or financial services entities. The most spectacular incident was of the theft of a laptop from the home of an employee of the U.S. Department of Veterans Affairs that exposed personal information on 26.5 million veterans (the laptop has since been recovered). In Vermont a laptop stolen from an employee's car contained six years' worth of personal and financial information on an estimated 20,000 employees and students of the state college system.

The Vermont legislature responded to growing concerns about identity theft by passing Act 162, An Act Relating to the Protection of Personal Information. But beyond legal responses the growing threats to personal information embedded in our faster, smaller, more mobile computing and telecommunications devices reinforces the need for sustained planning. In this case, what cost/benefit and risk management assessments should be considered before embracing these mobile devices? What security measures need to be in place before your most sensitive data and documents head out the door?

I recently discovered that my continued cautions about planning are about as welcome as poison ivy. I attended a rather depressing, to me, meeting in which several municipal clerks argued that planning was too time consuming and that implementing information technology should be as simple as identifying a software package and vendor and anointing them as the "standard." The clerks had become impatient with the lack of accessible standards and planning tools and simply wanted to move ahead.

While not entirely unsympathetic to that frustration, comprehensive planning is essential prior to implementing information technologies effectively. We have to understand what we do (our functions), how (business practices and workflow), why (legal and administrative mandates, customer needs, etc.) before we can select appropriate technologies.

Planning tools are becoming accessible. As noted in previous columns, the 2006 report of the Secretary of Administration and State Archives provides a general planning framework that supports an enterprise-wide approach to managing records and information (http://vermont-archives.org/publications/legislative/pdf/LegReport06.pdf).

That plan is based, in part, on the management principles of the International Standards Organization found at: http://www.iso.org/iso/en/iso9000-14000/understand/qmp.html. As we test and identify record and information tools we will share them through our web site and elsewhere.

Other planning aids are coming out of the State's chief information office, including tools for planning, cost benefit analysis, etc. These can be found at: http://cio.vermont.gov/planning_and_analysis.

2. Public gatherings of over 2,000 require state permit. The organizers of a commercial public event or gathering expecting 2,000 or more attendees must apply for a permit from the Department of Public Safety at least 30 days before the event is held. The Department of Public Safety may grant the permit, deny the permit, or grant the permit with conditions, such as providing a bond or other financial security. If a town wants to regulate smaller assemblies, the town needs to enact local ordinances or regulations. 20 V.S.A. § 4501.

3. Accounts as kept by the town treasurer shall be available for inspection. If a citizen has questions about town expenditures, he or she can visit the treasurer’s office and review the accounts kept by the Treasurer. 24 V.S.A. § 1571.

4. Town manager’s contract is public record. Although a contract may be exempt from disclosure while it is being negotiated, once it is signed by the parties it is a public record. The fact that it is a personnel contract does not make it exempt from disclosure since only personal information is exempt from disclosure (such as social security numbers, information related to medical conditions, etc . . .) 1 V.S.A. § 317 (c) (15). Trombley v. Bellows Falls, 160 Vt. 101 (1993).

5. Selectboard must show harm from premature disclosure before going into executive session to discuss contract with public official. The courts have held that in order for a board to go into executive session to discuss a collective bargaining agreement or a contract with a town employee it must make a showing that premature knowledge of the negotiations would cause harm to the town. 1 V.S.A. § 316 (a) (1); Berlickij v. Town of Castleton, 327 F. Supp. 2d 371 (D. Vt. 2004).

6. Each town party chair is entitled to one free copy of the town checklist during the 30 days prior to an election. 17 V.S.A. §2141. Also any person can request a copy of the town checklist which must be provided at cost. Whether a campaign person or a salesman, the checklist is a public record that can be obtained upon request and payment of the established fee. As campaigning increases as the elections draw nearer, you may receive more requests for checklists. You are not obligated to provide the checklist sorted by street address. Your only obligation is to provide the name and address of each voter on the checklist upon payment of the fee.

7. Village voters are not required to register in both the town and village. A village clerk shall automatically include all voters living within the village who are on the town checklist. 17 V.S.A. §2126. There is no need for the voter to apply separately to the village clerk.

8. BCA members all have same general authority. Although the selectboard and town clerk become members of the board of civil authority by virtue of their election, each member of the BCA has the same basic duties and responsibilities on the BCA. One exception to this rule is that a selectboard member may call a meeting of the board. 24 V.S.A. § 801. Any member can be elected chair of the board by the members, and each member participates equally in decisions of the board.

9. Person with two offices only has one vote on BCA. When a person is elected both as a selectboard member and as a justice of the peace, that person is only entitled to one vote on the board of civil authority. The number of board members on the full board is also reduced by one for purposes of calculating a quorum. For example, if a town normally has a BCA made up of five selectboard members, 15 justices and a town clerk, the board would be 21 members and a quorum for other than election purposes would be 11. If, however, in the same town, two selectboard members were also elected justices of the peace, the board would be 19 members and a quorum for other than election purposes would be 10. A person cannot cast two votes by virtue of being elected to two different offices. NOTE: For tax appeals, at least three members must be present and then decisions can be made by majority vote of the board members present.

10. Appointed BCA members have same election responsibilities as other BCA members. Members of the board of civil authority who were added to the BCA by the selectboard to increase representation for an underrepresented party have the same duties and authority with respect to elections as have other members of the board, including participation in the legislative reapportionment meetings and decision every 10 years. (17 V.S.A. §2143 and §§1891-1909) Members so appointed have no authority with respect to functions of the board of civil authority which are not related to elections, such as property tax appeals or tax abatement hearings or performing marriages.

11. Reserve funds are under the direction and control of the selectboard. If a town has established a reserve fund for a special purpose, such as a reserve fund for highway equipment, the statute provides that the reserve fund is to be under the control and direction of the legislative body (selectboard or school board). 17 V.S.A. §2804 Once a reserve fund is established and funded by town vote, the board may expend the funds for such purposes for which the fund was established without another town vote. If the legislative body wants to spend those reserve funds for any other purpose, then the spending must be authorized by a majority of voters at an annual or special meeting.

12. BCA must take oath before hearing appeals. The statute requires that the members take the oath before entering upon their duties under 32 V.S.A. § 4404. The required oath for members of the board of civil authority who will be hearing tax appeals is found in 32 V.S.A. §4405. Board members must take the oath before beginning its tax appeal hearings.

13. Justice of the peace nominations are in September. On or before September 5, 2006, justices of the peace may be nominated by major or minor party caucus. If the caucus fails to meet, JPs may be nominated by major or minor party committee or an individual may submit a petition between September 8 and 5:00 p.m. on September 15 as an Independent to the town clerk to be placed on the ballot for the general election. 17 V.S.A. §2413. The Elections Division has sent a memorandum to each town clerk and all organized parties in Vermont outlining the procedures for nomination of justices of the peace. Generally, the major parties set a date for all town caucuses at the end of August (the caucuses must meet before the first Tuesday in September). Each party can nominate a full slate of justices of the peace (as many JPs as your town has voted to elect). Historically, some town major party committees have had a "gentlemen’s agreement" to only nominate one-half the number of JPs. Note that this practice is NOT legally required and is not a binding agreement. Town party committee chairs and party members should call state party officials for more information about nomination of justices of the peace.

14. Governor fills vacancies in the office of justice of the peace. Whenever a vacancy occurs for a justice of the peace, whether by death or resignation, the town party chair for the party that has lost a justice or the town clerk (for independents) must notify the Office of the Governor. 17 V.S.A. §2623. The town committee of that party (after a properly warned meeting) may then submit one or more recommendations to the governor as to a successor. However, the Governor may appoint any qualified person to fill the vacancy for the remaining portion of the term.

15. Election related surveys must stay out of the polling place. Exit polls, questionnaires, or surveys can only be handed out and completed outside the building containing the polling place, even if the survey is sponsored by the selectboard. 17 V.S.A. §2508. Even though it may be helpful in planning for the future, questions relating to the subjects of an election must be asked and answered outside the polling place.

16. Most candidates are prohibited from serving as an election official. No candidate shall serve as an election official in any election in which his or her name appears in a contested race (more than one candidate) for that office, unless the office is a town clerk, clerk-treasurer, moderator, justice of the peace, ward clerk or inspector of elections (an office in which being an election official is an integral part of the responsibilities of office). 17 V.S.A. §2456. In addition, any candidate disqualified to serve as an election official and any spouse, parent or child of such candidate, cannot deliver absentee ballots. 17 V.S.A. §2538 (a).

17. The BCA may appoint assistant election officials to work on election day. If there are not going to be enough members of the board of civil authority available to staff the polling places, then prior to the day of the election, the board of civil authority shall appoint a sufficient number of voters from each district to serve as assistant election officials in each polling place. 17 V.S.A. §2454. The board shall make an effort to appoint an equal number of legal voters of the town (and district) from each major party. These election officials must be sworn in before undertaking any election activity. Elections Perspectives 2006 contains the oath.

18. Assistant election workers may be 16 years old or older. In order to encourage more young people to get involved in our elections, Vermont law was changed to permit young people to serve as assistant election workers. The BCA may appoint individuals who are 16 or 17 years old to help out at the polls. Youth assistant elections officers shall have the same duties as adult assistant elections officers but shall work under the direct supervision of adult elections officials. 17 V.S.A. § 2454.

19. Towns may provide free concerts. You might be surprised to know that there is a specific statute that empowers communities to use town funds for community concerts. 31 V.S.A. § 204 provides that "a municipality may appropriate such sums of money not exceeding five percent of its grand list, when the grand list of such municipality does not exceed $20,000.00, and a sum not to exceed three percent of the grand list of such municipality, when the grand list exceeds $20,000.00, to pay the expenses of free musical entertainments, to be held within its limits, at such times and places as is directed by such vote." From the grand list numbers included in the statute you can tell that this is a very old law!

20. Selectboard may adopt own rules of procedure. Although Vermont law requires school boards to use Roberts Rules of Order, no law specifies what rules of order must be followed by selectboards. This means that boards can choose to use Roberts, they can use a modified version of Roberts or they can choose to use some other established rules of order or create their own rules.

21. We recommend that boards using Roberts use Roberts for Small Boards. Because Roberts Rules of Order was created for larger assemblies not all of the rules make sense for our municipal boards. For example, in boards with only three or five members it makes sense to allow every member to participate. The chair should not have to stay out of the discussions. The newer versions of Roberts Rules of Order include a modified set of rules that could apply to smaller boards. We recommend that municipal boards that use Roberts Rules of Order use the rules established for small boards.

22. Selectboard may shift spending. In towns where the voters vote the bottom line of the budget, we believe that the selectboard has the authority to diverge from the specific budget items contained in the budget proposal so long as it does not go over the bottom line amount appropriated by the voters. This means that if the board decides the zoning office needs a new photocopier, it might shift money from the recreation budget. Of course, the board may not use highway funds for non-highway purposes. In addition, we believe that a court would not permit the board to reduce the amounts voted to be paid as salary to the town clerk and treasurer or other elected officials, even if these amounts were incorporated into the overall budget of the town (and not separately voted.) 17 V.S.A. § 2664; 19 V.S.A. § 312.

23. Lister’s spouse may not sit on tax appeals. A member of the BCA who is married to a town lister may not participate in hearing any tax appeals. Remember that a tax appeal is an appeal of the listers’ decisions. It would be a conflict of interest for this BCA member to serve even if the BCA believed he or she could be impartial. 12 V.S.A. § 61. Board members must also step down from any appeal that involves a relative, by blood or marriage, who is a first cousin, niece, nephew, aunt, uncle, parent, grandparent, or sibling. Although the law is not specific, BCA members should take care to avoid the appearance of a conflict by stepping aside when former business partners, friends or enemies appeal their taxes, or any situation in which the member might not be able to render a decision squarely on the evidence and the merits, leaving all personal considerations aside.

24. Only three members of the BCA need to sit on any one appeal. A quorum of the board of civil authority as well as the number needed to make a decision (or take action) is set by specific authority in 24 V.S.A. § 801 where it states that "the act of a majority of the board present at the meeting shall be treated as the act of the board…" (except in election issues when 17 V.S.A. § 2103(5) controls). This means that any number of board members (although never less than three, as three are needed for the inspection committee) that attend a duly warned meeting for a tax appeal can take action and make a decision. This rule permits a BCA who is faced with many appeals to split up into groups of three to hold hearings and make decisions in individual cases.

25. Cost of appealing BCA decision to PVR has been increased to $70. Effective July 1st of this year, the costs of filing an appeal from a decision of the board of civil authority to the Director of Property Valuation and Review has changed. The filing fee has gone from $30 to $70. Act 202, Section 8.

26. Town library trustees set the salary and terms of employment for library staff. Town library trustees have the "full power to manage" the library. 22 V.S.A. § 142. The Vermont Supreme Court has made it clear that this authority includes the ability to control the library’s budget and employees. This means that, despite the selectboard’s authority to establish personnel policies for town employees, and despite the fact that the library employees are town employees, the library trustees have the authority to set the salaries and terms of employment (such as work hours and leave time) for the library employees. Hartford Board of Library Trustees v. Town of Hartford; 174 Vt. 598 (2002).

27. Boards may deliberate in private if decision is in writing. Deliberations of a quasi-judicial board may be held outside of an open meeting if the decision will be in writing. If the written decision is not public record then the decision needs to be made in open meeting. A quasi-judicial proceeding is a "case in which the legal rights of one or more persons who are granted party status are adjudicated, which is conducted in such a way that all parties have opportunity to present evidence and to cross-examine witnesses presented by other parties, which results in a written decision, and the result of which is appealable by a party to a higher authority." 1 V.S.A. §§ 310 (5); 312(e) and (f).

28. Board can meet in home so long as public are invited. No law requires meetings of municipal board to be held in a public building. However, the law requires that meetings of board be "open to the public" (except when it is a deliberation in a quasi-judicial matter.) 1 V.S.A. § 312(a). A board may meet in a private home – so long as the public is welcome to join them there.

29. Appointment discussions can be made in executive session. The law permits a board to discuss "the appointment or employment or evaluation of a public officer or employee" in executive session. 1 V.S.A. section 313 (3). Because elected and appointed officials are public officers, the selectboard can go into executive session to consider various applicants for appointment to fill vacancies, or for appointment to town boards. Although the discussion and a straw vote may be taken in the executive session, the actual votes must be taken in the open meeting so that the public can see how board members have voted, and those votes must be reflected in the minutes of the meeting.

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Event Sponsor: Green Mountain Payroll Association
Location: Capitol Plaza Hotel, Montpelier
Time: 8:00 AM
Cost: $85.00

Contact: Janis Blais

Phone: 802-229-3457

Web Site: www.greenmountainpayroll.netfirms.com

The Green Mountain Payroll Association is hosting a statewide payroll conference. Please join us for a day filled with opportunities to attend educational sessions focusing on the payroll and human resource professions. There will also be opportunities to network with other payroll professionals.

First come, first served. Registration limited to 100. If registration is received after August 9th, there will be an additional $10.00 fee. After the last session, a 2007 Green Mountain Payroll Association membership will be raffled. You must be present to win.

Since the checklist is now maintained on the statewide list and clerks no longer receive the pink slips, we must rely on fellow clerks to correctly notify us if someone registers in their town. One of the best ways to be sure if someone should be taken off another town, even if they didn't list that town on their application, is to match up names with dates of birth. Unfortunately, the majority of voters who have been on South Burlington's checklist for many years do not have their date of birth entered into the computer. At our annual meeting, I decided to ask voters whose dates of birth were missing to voluntarily give us the information. I put together a short flyer that explained why we were asking for the information and explaining that it was voluntary. Amazingly, it went off very smoothly with very little questioning.

Clyde Jenne - VMCTA President

P.O. Box 349

Hartland, VT 05048

Seven Election Workshops have been scheduled for August. If you still need to register, please contact Melanie Hodge via email at mhodge@sec.state.vt.us, or (802) 828-0175.

There are no great people in this world, only great challenges which ordinary people rise to meet.

                                                              - William Frederick Halsey, Jr.

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