What is Past is Prologue

2. Petitioned special meeting must be held within 60 days of receipt of the petition. When a selectboard or school board receives a valid petition requesting reconsideration of an article voted at the annual town or school district meeting within 30 days after the meeting, the vote on the reconsideration must be held within 60 days of receipt of the petition. This statutory timeline does not leave room for dawdling over the warning or selection of a date certain. As with all special meetings, the warning must be posted 30 to 40 days before the meeting. 17 V.S.A. § 2643.

3. Meeting minutes must be available within five days. The Vermont Public Records Law provides that minutes of ALL meetings of public bodies, including committees and subcommittees, shall be available for inspection and/or for purchase of copies upon request after five days from the date of any meeting. 1 V.S.A. 312 (b). Some boards mistakenly believe that they can wait until five days after the minutes have been approved at the next meeting of the board. This is not the case. Draft minutes must be made available five days after the meeting. The person drafting the minutes can boldly stamp them "DRAFT" on each page, or write DRAFT across the top, but the intent of the statute is that interested persons must be able to review the minutes after five days from the meeting. 1 V.S.A. §312(b) (2)

4. Minutes of meetings do not have to be posted. Although some towns or boards post minutes on the bulletin board or on a website, this is done as a courtesy only—the law does not require posting of minutes. 1V.S.A.§312 only requires that minutes be made available for inspection and copying within five days of the meeting.

5. Minutes are not transcripts of the proceedings. Minutes must contain at least the following: list of board members present; list of all other active participants; all motions, proposals, and resolutions made, and what action taken or disposition was made; and the results of any votes, with a record of individual votes IF a roll call vote was requested. If a clerk or secretary to the board attempts to include too much additional discussion with attribution to participants, or to characterize discussions, a board can be forced to spend too much time "correcting" the minutes. Minutes are not intended to be a transcription of the discussion but rather a clear summary of action taken for future reference. 1 V.S.A.§312(b)(1)

6. The selectboard and school board may loan money to each other secured by a note signed by the selectboard or school board as the case may be. 16 V.S.A. §429. The note shall stipulate the terms and the notes shall 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 that this option may be helpful in some towns.

7. School board may borrow 87% of prior year budget if no budget is passed by June 30th. Vermont law recognizes that sometimes a school budget will fail to pass by the new fiscal year, and that the school board will still have expenses to pay. For that reason, 16 V.S.A. § 566 was added to Vermont law that provides: "if a budget for the support of schools for the ensuing year has not been approved on or before June 30 of any year, the school board may borrow funds necessary to enable it to operate the schools on a budget of up to 87 percent of the most recently approved school budget."

8. School boards may only carry over a surplus if voters permit. If a school district audit shows that there is a budget surplus, the school board must carry the funds into the next year as revenue unless the voters vote to deposit into a reserve fund, or unless the voters vote the funds for a specific purpose. 16 V.S.A. § 567.

9. Boards should work to coordinate special meetings of the voters. 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 at the same time on the same day. However, this may not be appreciated by voters who may want to attend both of the meetings. We suggest checking with the town clerk(s) involved who can coordinate the meetings prior to scheduling.

10. BCA can appoint presiding officer if clerk is unable to serve. The town clerk is generally the presiding officer at an election unless the town by previous vote at an annual meeting or by charter has provided otherwise. 17 V.S.A. §2452(a). However, if a town clerk is unavailable or is unable to serve at a particular election, the board of civil authority must appoint another person, who is a voter in the jurisdiction, to serve as presiding officer. Also, if the town has more than one polling place, the board of civil authority must appoint a presiding officer for each additional polling place. 17 V.S.A. §2452(b)

11. BCA may appoint assistant election officials to help on Election Day. If not enough members of the board of civil authority are available to staff the polling places on Election Day, prior to the day of the election, the board of civil authority must 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 must make every 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 the polls open and activity begins.

12. The BCA must call a special meeting if it needs to act and does not have time to use the ordinary meeting warning provisions for BCAs. The board of civil authority may call a special meeting using the notice requirements in 1 V.S.A. § 312(c)(2) if it must take action and there is not time to use the regular meeting warning provisions in 24 V.S.A.§801. The open meeting law in Title 1 requires the town to notify the board members as well as the public and any press that has asked to be notified of the time, place and purpose of a special meeting at least 24 hours before the meeting. This does not have to be a formal agenda - but the general purpose of the meeting must be provided in the meeting notice. The notice must be posted in or near the municipal clerk’s office and in at least two other public places in the municipality.

13. BCA or voters can establish polling places. Each polling place must be in an accessible 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 ADA accessible. It is also a best practice to have all polling places in a nonsectarian building 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 available, it is a best practice to take this time between elections to find and designate a truly public place.

14. The town clerk sets the hours that the clerk’s office will be open. The Vermont statutes provide that the “files and records in the office of the clerks shall be available for inspection upon proper request at all reasonable hours.” 24 V.S.A.§1165. What is reasonable depends upon the size and particular circumstances of individual towns. The town clerk’s hours should be posted near the town clerk’s office and should be sent to the Elections Division of the Office of the Secretary of State so that the hours can be included in the Town Clerk and Treasurer Guide.

15. Schedule Australian Ballot votes to avoid holidays. If voting is to be by Australian ballot, it is a best practice to NOT schedule a special town or special school district meeting on Mondays or the day after a holiday. Many voters pick up an absentee ballot on the day before the election, or request ballots to be delivered to them (if sick or disabled), so it is best to select a day when the town clerk’s office will be open on the day before the election. Voters are also accustomed to having the public informational hearing on the night before the election, so it is best to ensure that that meeting doesn’t fall on a Sunday or holiday.

16. Selectboard and school board generally control municipal reserve funds. 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). 24 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.

17. Trust funds are controlled by the trustee of public funds. The trustees of public funds are responsible for “[r]eal and personal estate, except United States public money, held by a town in trust for any purpose, including cemetery trust funds, unless the person giving the same otherwise directs. The income of such estate must be used for the purpose for which it is held. The lands may be leased, sold or conveyed, and the funds invested." 24 V.S.A. § 2431.

18. Trust funds should be kept in a separate account and should be audited every year and included in the town report. Trust funds must be kept separate from other revenues and moneys of the town. For instance, funds from the sale of lease lands—including those lands dedicated to the first settled minister—to the holder of the leasehold interest or simultaneously with the extinguishment of the lease—or from the condemnation of such lands—shall be kept intact, in trust, by such corporations as endowment funds, and the income only shall be used for the purposes for which such lands were originally granted.” 24 V.S.A. § 2406. The law also provides that “The trustees shall report to the annual town meeting the amount of the funds in their hands, the manner and condition of its investment and the disposal of the income thereof. If any part of such fund is school money, such trustees shall make like report to the state board of education.” 24 V.S.A. § 2434.

19. Investment of trust funds is limited by law. The statute limits the types of investments that may be made with trust funds. 24 V.S.A. § 2432. A trustee may invest in securities issued, insured or guaranteed by the United States, municipal bonds, or bonds that are rated (at the time of the transaction) by a nationally recognized statistical rating organization in one of its four highest categories, repurchase agreements or debt securities of any federally insured financial institution, the shares of an investment company, or a unit investment trust, which is registered under the federal investment company act of 1940, as amended, if such mutual investment fund has been in operation for at least ten years and has net assets of at least $500,000,000.00, or deposits in federally insured financial institutions.

20. Many meetings allow nonvoter to speak without vote of the meeting. Last month we wrote that “To permit a nonvoter to speak at town meeting the voters must pass a motion to allow the individual to 'address the assembly.' This motion must pass by a two-thirds majority vote.” One moderator called to point out that this is not the only way for a nonvoter to get to speak at town meeting. When a nonvoter wishes to speak or has some information to offer the meeting the moderator generally first asks if anyone objects to the nonvoter speaking. Only if there is an objection does the moderator need to proceed to a vote.

21. Family member can be issued burial transit permit. A town clerk can issue a burial transit permit to a member of the family of a deceased person so that they can move the body to another town. According to 18 V.S.A. § 5201, the only restriction appears to be when certain contagious diseases are the cause of death, in which case the local health officer or board of health must approve the issuance of the permit first. What makes this question difficult is the custom of having others, including ambulance drivers or funeral directors, take control of dead bodies before interment. No law prohibits family members from moving the bodies themselves if they choose, as long as they have a permit. Note that a licensed embalmer, funeral director or a funeral director’s designee may transfer the body of a deceased person to another town for preparation for burial or cremation but the remains shall be returned to the town in which death occurred within 48 hours after such removal, unless a permit for permanent removal has been secured within such period. 18 V.S.A. § 5201.

22. Unless planning commission is elected, selectboard may choose to reduce the numbers of commissioners. The law provides that the “Planning Commission shall consist of not less than three (3) or more than nine (9) members appointed by the Legislative Body,” 24 V.S.A. §§4321– 4323. The specific number of planning commission (and other appropriate municipal panel) members is determined by the selectboard. If the town zoning bylaws specify the number of planning commission members the selectboard will not be able to adjust the number without changing the bylaws. Note that the law also permits the selectboard to remove any appointed member of the planning commission by a unanimous vote of the board.

23. Zoning administrator serves a three year term. The planning commission nominates, and the selectboard appoints a zoning administrator for a term of three years. 24 V.S.A. § 4448. After the three year term has expired, a new zoning administrator may be appointed, or the old administrator may be re-appointed. The selectboard may remove a zoning administrator for cause at any time after consulting with the planning commission, but after the three year term expires the zoning administrator may be replaced without cause.

24. Zoning administrator may not serve on the board of adjustment or development review board. The law permits the zoning administrator to hold other offices in the municipality, with the exception of serving on the board of adjustment or development review board. 24 V.S.A. § §4448(a). The zoning administrator may, for example, be a lister or serve as a member of the planning commission. It is common for the zoning administrator to also serve as the health officer for the town.
 

Table of Contents     |     Past Issues of Opinions     |     Secretary of State's Homepage

Table of Contents     |     Past Issues of Opinions     |     Secretary of State's Homepage

Table of Contents     |     Past Issues of Opinions     |     Secretary of State's Homepage