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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Crowing about Paper I recently read how Sir Walter Scott, stymied by writer’s block, went bird hunting. As Sir Walter strolled along on his hunt the key transitional phrase he had been looking for suddenly came to him. Afraid that he would forget the precise wording he shot a crow. Sir Walter then pulled a wing feather, dipped it in the crow’s blood, and wrote down the elusive sentence. For me it would have been easier to remember the phrase without the intervening steps of kill, pluck, and dip, but it seemed to work for Sir Walter. Still, there is a simple elegance to the story. I have already deleted, cut and paste, and otherwise electronically gummed over the opening to this column numerous times without otherwise progressing. Following in Sir Walter’s steps, I am beginning to entertain thoughts of bludgeoning some critter to death with my laptop. Technology, in this case word processing, can be a distraction as well as a boon. And yet the apparent simplicity of Sir Walter’s world of writing instruments masked its own rather complex technology. Quill writing required a quill holder, a penknife for sharpening, an inkwell, and a pounce box (to hold the required desiccant powder). The quill itself had to be pulled from the second or third feather of the left wing so it was not only of sufficient size to write with, but also so the curve of the feather accommodated right-handed writing. Okay, I don’t know if Sir Walter was right-handed, which is sloppy research, but on the plus side I made it through that whole bird hunting episode without mentioning Vice President Cheney, for which I want some credit. Next to my desktop computer at work there is a quill holder and inkwell, a treasured gift from the late Henry Bissex who used to do performances illustrating education in 18th century Vermont. Also on my desk, lapping at the base of my computer, are piles of paper. This begs the question, why? Wasn’t paper supposed to go the way of the quill pen thanks to new information technologies? Whatever happened to the long-promised "paperless office?" Or am I mulishly holding on to an office technology—paper—that I grew up with? It turns out that the last thirty years of new technologies have actually led to an increase in the use of paper in offices (which represent 30 to 40% of total paper consumption). A survey of 150 U.S. companies found that the introduction of new technologies led to an increase in their use of paper. Another study found that e-mail alone can bring a 40% increase in office paper consumption. Since the widespread deployment of information technologies in offices there has been a steady and linear increase in the production of office paper. Why are new technologies increasing, rather than eliminating, our use of paper? Abigail J. Sellen and Richard H.R. Harper address this question in the myth of the paperless office (MIT Press, 2003). While their research cannot be adequately summarized in a single column, they make numerous points that apply to Vermont record keeping. For years there have been initiatives within Vermont’s State and municipal governments to create efficiencies through the implementation of new information technologies. Paper often becomes the poster child of the old, inefficient office. More precisely the cost of storing paper records becomes the impetus for creating an efficient, and paperless, office. Sellen and Harper note that to store 2 million documents would cost $40,000 to $60,000 in filing cabinets alone, not to mention floor space, retrieval and other costs. Conversely, those 2 million documents could be put on ten or fewer CDs. The State’s central scanning service echoes this argument by noting how many boxes of paper records can be held by a single CD. Indeed, for years the State has approached the management of records as a storage problem. One of the statutory penalties for not having an agency records program remains the denial of filing cabinet requests. Periodically the legislature weighs in, calling for studies on paper reduction or, in one notable case, simply proposing to throw all records out after seven years (this was known as the "seven year pitch" bill). Of course the goal should be to manage records and information, not paper or space. To do that requires understanding the functions of each agency, the activities and work flows established to perform those functions, the legal requirements governing the records and information generated by those activities, etc. Which leads us back to the persistence of paper in offices. Too often paper is seen as the source, not a symptom, of the problems with an office’s records management system. Sellen and Harper cite a number of case studies illustrating why projects whose primary goal is the paperless office failed. Such projects, for example, rarely understood how staff actually performed their tasks or how work flowed within the office. Without that understanding the projects failed to grasp points within office work where the positive attributes of paper outweighed the promised efficiencies of IT. Let’s go back to my paper-strewn desk. One activity I am routinely involved with is writing or editing reports. I compose these reports on my computer. The information from which a report is drawn may be in staff memos, professional research available online, e-mail from project partners, etc. I find it too intrusive to my thought processes to be constantly jumping out of my electronic draft to consult multiple other electronic documents (I find this the equivalent of Sir Walter’s decision to kill, pluck, and dip in order to hold onto his own train of thought). I need to print out these records and spread the paper out on my desk for ease of access. Similarly, while I have editing software, I find it more effective to edit a paper printout rather than electronically track editorial changes and suggestions being offered by multiple reviewers. And I find it more effective at staff meetings if we jointly review print outs of reports (even if I distributed the draft report electronically). I use the marked up paper drafts to alter the electronic document. When the report is done I get rid of the majority of the paper copies and desk surface reappears. I preserve key records electronically as well as the report, which can be printed on demand or provided online. This approach is not unique to me and Sellen and Harper found similar practices in a variety of business settings, including high tech offices. Understanding why and how things are done is essential before committing to technologies that promise a paperless office. Without understanding where—and when—paper can be eliminated or reduced, and where it remains integral to productivity, no information technology system will succeed. To learn more about the approach the Archives is taking for managing records go to: http://vermont-archives.org/publications/legislative/pdf/LegReport06.pdf Table of Contents | Past Issues of Opinions | Secretary of State's Homepage
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1. Listers can’t be forced to
use an appraiser. The law gives the listers the duty to examine
and appraise the property in the town for the purpose of setting the
grand list. The law provides that "When a board of listers are of
the opinion that expert advice or assistance is needed in making any
appraisal required by law, they may, with approval of selectmen or
by vote of the town, employ such assistance." 32 V.S.A. § 4041. No
law would require them to do so.
2. Selectboard may hire appraiser when the town cannot find enough listers to perform duties. In 2003, in response to the difficulties many towns were having finding people willing to serve as listers in their towns, and the need to keep the town’s appraisals up to date, the legislature added the following provision. "Notwithstanding any other provisions of law to the contrary, in the event the board of listers of a municipality falls below a majority and the selectboard is unable to find a person or persons to appoint as a lister or listers, the selectboard may appoint an assessor to perform the duties of a lister. . . until the next annual meeting." 17 V.S.A. § 2651c.The appointed person need not be a resident of the municipality and has the same powers and is subject to the same duties and penalties as a duly elected lister for the municipality. 3. Listers should never appraise their own property or property of family members. It is a conflict of interest for a lister to appraise property that is his or her own, or the property of a family member. It is important that the community have faith in the objectivity of the tax appraisals. An important way to maintain that faith is by ensuring that listers do not participate in assessments of property where they might have a real or financial interest. 4. Road commissioner has limited authority. At one time the road commissioners had authority to maintain the town roads. Indeed, in a 1960 court case, Couture v. Selectmen of Berkshire, 121 Vt. 359 (1960) the court held that the selectboard could not lock a road commissioner out of the town garage (because they didn’t trust him with the town’s equipment) saying that the selectmen had no authority to dictate how the road commissioner did his job. However, in 1974 the legislature changed the law, giving the selectboard the sole authority for keeping the town highways "in repair." 19 V.S.A. § 101. This means that today, the road commissioner – whether elected or appointed – has only those responsibilities delegated to him or her by the selectboard. 19 V.S.A. § 304(16). 5. Vote to make road commissioner an elective office must be taken at the annual town meeting. The law permits the voters to petition the selectboard to place an article on the annual meeting warning to make the position of road commissioner elected rather than appointed. 17 V.S.A. § 2652. Because the law specifically references the annual meeting we do not think it is possible to consider this question at a special meeting of the town. 6. Town managers may serve as road commissioner. A town manager takes the place of a road commissioner so that no commissioner can or need be elected in towns that have a town manager form of government. 24 V.S.A. § 1236(5), If the town manager form of government should be voted out in a town, the selectboard may appoint someone to fill out the term. 7. Appointed road commissioner can be a non-resident. If towns elect their road commissioners, he or she must be a resident of the town since elected officials are chosen from among legally qualified voters. 17 V.S.A. § 2646 and 2650. However, because the law does not constrain the selectboard when it appoints commissioners it is possible for the selectboard to appoint a non-resident to serve. 8. County road commissioners are appointed by the superior court. Three county road commissioners shall be appointed annually by the superior court in each county. No two such commissioners may be from the same town, we suppose to avoid any chance of favoritism, and they may be removed at any time by the judges. The law gives them the authority to sign subpoenas requiring witnesses to appear before them, to administer oaths, and to receive $30 per day and expenses, while attending to the duties of the office. 19 V.S.A. § 970. The commissioners serve as an appeal body from selectboard, if selectboard refuse to act on complaints filed with them for defect or want of repairs of any highway or bridge in the county. The commissioners have the power to order repairs, to determine what work is necessary, and to fix the amount of money required to make the repairs. 19 V.S.A. § 971. 9. Vermont marriages/civil unions require no witness. Vermont law requires marriages or civil unions to be solemnized by a justice, a resident minister or priest, or a duly authorized minister or priest from another state. 18 V.S.A. § 5144. Unlike other states, Vermont does not require that there be any additional witness to the ceremony. 10. No marriage/civil union license by mail. Generally speaking, at least one of the parties to a marriage or civil union must appear in person to fill out the necessary form at the clerk’s office. The law provides that after the license form is filled out, "at least one party to the proposed marriage [or civil union] shall sign the certifying application to the accuracy of the facts so stated," and the clerk must retain a copy. 18 V.S.A. § 5131. Note that the license must be issued by the clerk of the town where either the bride or groom resides or, if neither is a resident of the state, by any town clerk in the state. 11. Marriage/civil union must be solemnized within sixty days. The law requires a marriage to be solemnized within sixty days of the license being issued. If it is not, then the license becomes void. After the marriage is solemnized the person who performed the ceremony must sign the license and return it to the town clerk who issued it within ten days. 18 V.S.A. § 5131. The town clerk retains and files the original. 12. Marriage/civil union is good, even if minister isn’t. The law does not authorize an out of state minister to perform marriages in Vermont without special advance authority from the probate court, and the minister had not applied for this authority. 18 V.S.A. § 5144. Luckily, 18 V.S.A. § 5147(b) provides that "[a] marriage solemnized before a person professing to be a justice or a minister of the gospel shall not be void nor the validity thereof affected for want of jurisdiction or authority in such supposed justice or minister, providing that the marriage is in other respects lawful and is consummated with a belief on the part of the persons so married, or either of them, that they were lawfully joined in marriage." A similar provision exists for civil unions. We regularly get asked whether Vermonters who have received a mail order or on-line "ordination" from the Universal Life Church or similar denominations may perform marriages or Civil Unions in Vermont. We tell them that until a court considers this we will not know for sure – but that, in any case, the marriage or civil union will be considered valid. 13. Selectboard may set weight limits on town roads. The selectboard may set limits on town highways by designation, pursuant to 23 V.S.A. § 1396-1400, and the board may request that the secretary of transportation designate a lower weight limit on class 1 town highways, so long as a reasonable alternative route is available for those vehicles traveling at the state highway limit. The law also provides that, "except as otherwise provided, the designated legal load limit for the highway or bridge shall not be less than twenty thousand pounds for a single traction engine, tractor, trailer, motor truck or other motor vehicle for the state system or any class 1 or 2 town highway nor less than sixteen thousand pounds for any other town highway." Notice must be posted and a certified statement filed with the town clerk. The limit may not be lifted for individual trucks or users, however, except by the issuance of a permit by the Commissioner of Motor Vehicles, with the approval of the Transportation Board. If the permit is to extend to more than four single trips, the Commissioner also needs the approval of the selectmen, who may accept compensation "commensurate with the extra wear or maintenance required" on the highway or bridges involved. Also, the weight limits will not apply to fire and rescue vehicles or municipal or state construction vehicles. 14. Selectboard may name streets. A town, city or incorporated village may name or rename streets and number and renumber lots, when a municipality accepts a private street or highway as a public street or highway. 24 V.S.A. § 4463. 15. Teachers’ contract is public record. A school board may not refuse to provide the public with the contracts for its employees. Although 1 V.S.A. § 317(b)(15) exempts "records relating specifically to negotiation of contracts including but not limited to collective bargaining agreements with public employees," this provision does not apply to a contract itself. The exemption involves only records relating to contract negotiation. Once a contract is entered into the public has the right to see it. 16. Confidential memos may not be private. Even if the selectboard receives correspondence marked "confidential," it may be a public record. Merely marking something secret doesn’t make it so under Vermont’s Access to Public Records law. The document must be statutorily defined as not a public document. I V.S.A. § 317(b). 17. Delinquent tax collector may be paid a salary. A town may vote to pay a salary or other compensation for collection taxes in lieu of fees and commissions to the collector of taxes or collector of delinquent taxes. An amendment to 24 V.S.A. §1530 effective April 29, 1998, allows towns to vote a salary for the delinquent tax collector in lieu of fees or commissions. If this is voted at an annual meeting, the fees and commissions shall be turned in to the municipal treasurer at least once a month. 18. Vote to discontinue Australian Ballot is a public question. A vote to discontinue using Australian is a public question and must be voted on the way your town or school district votes its public questions. This means that if you vote questions on the floor, this question must also be considered by voice vote from the floor, unless your town or district has already voted to consider this specific public question by Australian ballot. 17 V.S.A. §2680. There are sometimes very strongly held differences of opinion on the benefits of floor debate and voice voting or Australian ballot. Some districts have gone back and forth on the form of voting issue several times. However, unless there has been a vote to use Australian Ballot to vote all public questions, or the specific public question of whether to vote by Australian ballot, the vote must be by voice from the floor. 19. Polling places must be in accessible public locations. Each polling place must be in a public place in the voting district (unless all districts in your town vote at one polling place) as designated by the board of civil authority; however, the voters may designate different polling places at an annual or special meeting. 17 V.S.A. §§2501, 2502. Boards of civil authority and/or town voters must choose polling places that are accessible to people with disabilities. We also strongly recommend that polling places be in nonsectarian (not affiliated with religion) locations whenever possible. Although rulings in court cases in other states have upheld the use of a church all-purpose room when absolutely no other public place is located in the voting district, it is a best practice to take this time between elections to find and designate a truly public place. 20. The selectboard and school board may loan money to each other secured by a note signed by the board. 16 V.S.A. §429. When a school board or selectboard loans the other municipality funds, the board should sign a note that stipulates the terms, and the note must be payable upon demand or mature within three months from the date of issue. Obviously, the boards need to have the funds available and be willing to cooperate, but we felt it was worth a reminder since this option may be helpful for the management of cash-flow in some communities. 21. Special town or special school district meetings may be held on any day chosen by the legislative body, so long as appropriately warned. Special town or special school district meetings may be held on any day chosen by the legislative body, so long as appropriately warned. If other town or school boards happen to be meeting on the same day, the meeting places need to be separated, but there is no prohibition to prevent several meetings from being scheduled simultaneously. It may not be appreciated by voters if they are interested in attending all of the meetings, so we do suggest coordinating with a "master calendar" before scheduling, but it is not required by law. 22. Selectboard has the sole responsibility for appointing members of the zoning Board of Adjustment. Some towns have, through tradition, allowed zoning Board of Adjustment members to recommend individuals to the Selectboard to fill unexpired terms on the zoning BA. Nevertheless, the statute is clear that the Selectboard has the sole responsibility for appointing members of the zoning Board of Adjustment. 24 VSA, § 4460. The Selectboard also decides the number of members and their terms. When a vacancy occurs, the Selectboard should post a notice of the vacancy, and may request interested persons to send a letter of interest or resume and may invite interested persons to "interview" with the Board. However, the statute does not specify the particular procedures to use. Errata: Please note the changes to Opinions #22. The correct statutory reference is 24 VSA, § 4460, not 17 VSA, § 4461 as stated in the original Opinion. Also, the recent laws have changes the title from Zoning Board of Adjustment to Board of Adjustment. 23. Revotes of school budgets voted on the floor require at least 30 day’s warning. If the town school district budget is defeated in a town that votes its budget from the floor, the school board must warn the subsequent vote on its budget at least 30 days prior to the special meeting. Vermont law allows for a shorter warning period for budgets that are voted by Australian budget (7 days) in 17 V.S.A. §2680, but there is no such exception for floor votes. 24. Reserve funds are controlled by the legislative body. 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. 25. Village BCA members live in the village. The Board of Civil Authority of a village consists of the Justices of the Town who reside in the village, the trustees of the village, and the village clerk. Other Justices of the Peace who reside in the Town but not in the village cannot be involved in administering village elections. 17 V.S.A. §2103(5). 26. Village voters on the town checklist are on the village checklist. 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. 27. The regular presiding officer or an assistant election official designated by the board of civil authority must attend at least one workshop presented by the Office of the Secretary of State every two years. 17 V.S.A. §2457(b). 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 |
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Civics:
Behind the Scenes |
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Honor A Vet With Your Vote This month our office will send out posters announcing the Honor A Vet With Your Vote program to all of the Town & City Clerks for display in your office. Many of you are familiar with this program which provides personalized buttons to voters who wish to cast their vote in honor of a particular veteran. During the 2002 elections more than 2,000 veterans were honored in this way. This year, in order to give the veteran’s organizations more control, we are encouraging veterans to order the buttons directly through their local veteran’s organizations. We have provided veteran’s organizations with the necessary materials so that they can participate and respond to requests. However, it is still possible to order the buttons through the Secretary of State’s Office at www.sec.state.vt.us. Once on the website, go to ELECTIONS and click on the VOTERS link. From there click on Honor A Vet With Your Vote. Please call me with any questions at (802) 828-1296 or by email at jjohnson@sec.state.vt.us. We look forward to working with you to honor the contributions of our nation’s veterans. Thanks! Table of Contents | Past Issues of Opinions | Secretary of State's Homepage
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The Muninet Listserve is an easy way to communicate and carry on discussions with the other municipalities in the discussion group. It does not cost anything and you don’t need any special software (you just use your own Email account). You send EMail messages to muninet@list.uvm.edu and the system will automatically send a copy to everyone on the discussion list. 1) To get your name added to the Muninet List - Send a one line EMail message to listserv@list.uvm.edu (leave the Subject BLANK) . The message is "subscribe muninet FirstName LastName " EXAMPLE Subject: subscribe muninet Joan Smith 2) To send a message to the people on the List - Note: the Email address you use to send messages to the people on the list is NOT the same as the Email address you use get on (and off) the list!! Send EMail to muninet@list.uvm.edu (You can, and should, include a subject). EXAMPLE Subject: New Procedure I just read an article about a new policy that you all might be interested in. It was in the August issue of .... 3) To get off the list - Note: This is really important! You may get tired of getting lots of Email or want to stop getting the messages while you are on vacation. You can always subscribe again. Keep a copy of these instructions so you remember how to get off the list. Send a one line EMail message to listserv@list.uvm.edu (leave the Subject line BLANK). The message is "signoff muninet" EXAMPLE Subject: signoff muninet You will receive a message from the system asking you to confirm that you want to be deleted from the list. Good luck and have a great discussion! |
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Our tip this month comes from Clyde Jenne, VMCTA President: This month I would suggest that the Clerk’s,Treasurer’s and Lister’s work together even moreso to make sure names and addresses are correct on the grand list. Little errors here seem to tick off property owners and co-operation between the offices can prevent this. If you have a good tip that you would like to share with our readers please email it to Clyde Jenne at hartlandvtclerk@vermontel.net or mail it to:Clyde Jenne - VMCTA President P.O. Box 349 Hartland, VT 05048 |
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ELECTION BULLETIN 2006 ELECTIONS WORKSHOPS To: All Town Clerks From: Kathy DeWolfe, Director of Elections and Campaign Finance Date: April 28, 2006 REMINDER NOTICE: This is the last call for any towns that want to purchase voting machines with the assistance of HAVA Funds. Towns need to have a vote prior to December 31, 2006. There will be no money available after December 31, 2006 due to the Federal Law. Ten Elections Workshops have been scheduled in June and August. These workshops are designed for Town Clerks, Board of Civil Authority members, and other election officials. PLEASE MARK YOUR CALENDAR NOW. Secretary of State Deborah Markowitz and Kathy DeWolfe, Director of Elections, will present these workshops on election procedures, particularly focusing on Election Day from opening the polls through reporting election results to the Secretary of State. Procedural changes required by the Help America Vote Act of 2002 will be reviewed. We have mailed a postcard to all selectboard members and justices of the peace. Please assist us by checking with these BCA members and compiling a listing of who would like to attend from your town. Please fax the attached form to (802) 828-5171 with the approximate number of town officials who would like to attend. Please note that two locations can only accommodate 50 people. We have two workshops that the date and town are confirmed but we have not confirmed the location yet. Elections Procedures Workshops DATE TOWN/CITY TIME LOCATION Wednesday, June 7 Newport City 6-7:30 p.m. Gateway Building Wednesday, June 14 Bennington 6-7:30 p.m. Municipal Conference Room at the FireHouse Tuesday, June 20 St. Albans Town 6-7:30 p.m. Town Hall (maximum 50 people) Tuesday, August 8 West Rutland 6-7:30 pm. American Legion Thursday, August 10 Williston 6-7:30 p.m. Town Office Tuesday, August 15 Middlebury 6-7:30 p.m. Kirk Alumni Center at Middlebury College Thursday, August 17 Brattleboro 3:30-5 p.m. Municipal Center Thursday, August 17 Rockingham 6-7:30 p.m. Women’s Club in the Basement of the Town OfficeBuilding Tuesday, August 22 Norwich 6-7:30 p.m. Town Office (maximum 50 people) Thursday, August 24 Danville 6-7:30 p.m. Town Office To Register, click here to download the Registration PDF - Elections Workshop Registration
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"Leadership is the art of getting
someone else to do something you want done because he wants to do it.." - Dwight Eisenhower Table of Contents | Past Issues of Opinions | Secretary of State's Homepage |
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Help us
keep our mailing list up to date!
Let us know if: Send us a note via fax: 802-828-2496, Thank you for helping us keep Opinions running efficiently! Table of Contents | Past Issues of Opinions | Secretary of State's Homepage |
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JUNE 2006 June 1: Deadline for Listers to lodge personal property inventories with Town Clerk. 32:4007 4 Last day for Listers to lodge the grand list with Town Clerk for public inspection for town of fewer than 5000 inhabitants. 32:4111(d), 4341 June 5: (Within 60 days of petition) Last day on which a municipal vote may be held at a duly warned meeting if a petition for reconsideration or rescission of a question considered or voted at Town Meeting has been filed. 17:2661(b) June 6: (91st day after Town Meeting election) In towns using Australian Ballot, Town Clerk may open and destroy used Town Meeting ballots and tally sheets, except as otherwise provided by law. 17:2590(d) June 24: Last day for Listers to lodge the grand list with Town Clerk for public inspection for town of greater than 5000 inhabitants. 32:4111(d), 4341 June 30: End of fiscal year for all school districts, charter provisions notwithstanding, and for municipalities that have adopted July 1 through June 30 fiscal year calendar. 32:1, 24:1683(b), (c) June 30: Reminder for Town Clerk in municipality with fiscal year ending June 30 to (within the next 30 days) publicly disclose fees kept as compensation for that fiscal year. 24:1179
Table of Contents | Past Issues of Opinions | Secretary of State's Homepage |
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