Office of the Vermont Secretary of State - www.sec.state.vt.us 26 Terrace Street, Montpelier, VT 05609-1101 : Phone 802-828-2363 |
|
|
|
||||
|
Voice From the Vault |
||||
|
One of the enduring lines from George Orwell's 1984 is: "He who controls the present, controls the past. He who controls the past, controls the future." I often think of this line when I encounter folks attempting to achieve a future outcome by manipulating Vermont’s past. When done often enough we come to accept such manipulations as historic realities and incorporate them into our own rhetoric. At the Archives, for example, we regularly receive requests for copies of the "escape clause" in the Vermont Constitution. This purported clause allows Vermont to withdraw from the United States. A variation, which we call the Brigadoon theory, is that this escape clause opens up every hundred years, presumably starting in 1791. After all, would Vermonters, after 14 years of independence (1777-1791), simply embrace statehood without leaving a way out? The requests come from across the political spectrum: those who do not like a national administration; oppose national foreign or economic policies; loath the federal income tax; or fear gun control or other potential restraints on individual freedom. The truth, drawn from documents, is less satisfying; there is no, nor has there ever been, such an escape clause. These thoughts emerged while reading news stories on current efforts to withdraw Vermont from the union. I have before me a news release by two Vermont supporters of secession. Part of their argument is based on historical facts of dubious reputation. Let me illustrate by juxtaposing italicized quotes from the press release with quotes from historical documents. "Vermont did not join the Union to become part of an empire." At the January 1791 convention on whether Vermont should ratify the U.S. Constitution and join the union Nathaniel Chipman argued, "But received into the bosom of the union, we at once become brethren and fellow-citizens with more than three millions of people; instead of being confined to the narrow limits of Vermont, we become members of an extensive empire…" Chipman goes on to enumerate the advantages of joining this empire, the United States. His arguments carried the day and the convention voted for ratification 105 to 4. "Vermont more or less sat out the War of 1812, and its governor ordered troops fighting the British to come home." Yes, Governor Martin Chittenden did order Vermont troops home from Plattsburgh, but they refused to return, explaining "that when we are ordered into the service of the United States, it becomes our duty, when required, to march to the defence of any section of the Union. We are not of that class who believe that our duties as citizens or soldiers are circumscribed within the narrow limits of the Town or State in which we reside, but that we are under a paramount obligation to our common country, to the great confederation of States." "Vermont fought the Civil War primarily to end slavery." And yet in 1861 when Governor Erastus Fairbanks convened the special war session of the Vermont legislature he warned not about slavery but that, "The Federal capital is menaced by an imposing and well armed military force, and the Government itself, and the national archives, are in imminent peril." Jeffrey Marshall, the head of Special Collections at UVM, has read thousands of Civil War letters from hundreds of Vermonters. He reports that only a "handful" of the Vermont soldiers cited slavery as the reason they were fighting; they instead directed their ire at the secessionists, who they characterized as treasonous. "After the Great Flood of 1927, the worst natural disaster in the state’s history, President Calvin Coolidge (a Vermonter) offered help. Vermont’s governor replied, ‘Vermont will take care of its own’." Whatever Governor Weeks might have actually said, the reality is that Vermont’s congressional delegation successfully lobbied for $2.6 million in federal flood relief. In addition Governor Weeks accepted a check for $600,000 from the Red Cross to help with flood recovery. And so on. My point is neither to argue with our current secessionists nor denigrate the beliefs of the authors of the press release. Heck, most of us have, at one time or other, probably cited some of the historical "facts" the authors used. I am simply arguing the importance of having accessible public records to evaluate the rhetoric of public figures. Locating, understanding and interpreting public records will never be as much fun as mouthing our cherished myths. Public records are, however, evidence of the actions we actually took as a State. They too can be pulled out of context or selectively (mis)used to prove a belief. And yet, I would argue, the stories they hold are as dramatic, and instructive, as those found in Vermont mythology. That is why I think it so important that we pay more attention to teaching Vermont history and civics in our schools. It is why using Vermont’s historical records is so important to learning to become engaged citizens. To learn how to identify and interpret those records creates an intellectual skill that is essential to navigating through our "information age." If we do not learn how to effectively evaluate information in all its myriad forms we will never be able to perform our responsibilities as citizens. To paraphrase Mr. Orwell, "Whoever understands the past, understands the present; whoever understands the present can plan for the future." Table of Contents | Past Issues of Opinions | Secretary of State's Homepage
|
||||
|
2. Only voters have the right to speak at Annual or Special Town Meeting. At the annual and special meetings of the town only the legal voters of a town can participate. This is because these are meetings of the voters. 17 V.S.A. § 2640. Non-voters (people who live in other towns, young people or people who live in town but who are not registered to vote) do not have a right to speak at town meeting. The meeting may vote to allow a non-voter to speak at town meeting, but non-voters may never vote at Town Meeting. To permit a non-voter 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. 3. Town may be liable for injuries from defective bridge or culvert. Although the town is not generally liable for injuries on the highways, the town will not be immune if the failure to repair a bridge or culvert causes damage to a person or his or her property. 19 V.S.A. § 985. The statute limits liability to $75,000.00 or, where insurance is carried, the maximum policy liability limits, whichever is greater. The law also provides that a town will not be liable "unless notice is first given in writing, signed by the injured party or the party claiming damage, to one or more of the selectmen of the town in which the bridge or culvert is situated, within twenty days of the time of the occurrence of the injury or damage, stating the time when and the place where the injury was received, and pointing out in what respect the bridge or culvert was insufficient or out of repair, and stating that the person will claim satisfaction of the town." 19 V.S.A. § 987. 4. Citizens can force board to repair highway or bridge. Vermont law provides that "[w]hen a highway or bridge is out of repair or unsafe for travel, any three citizens or taxpayers in the state may give written and signed notice of the insufficiency to the selectmen of the town in which the highway or bridge is situated, setting forth in general terms the location of the highway or bridge and the nature of the insufficiency. If the town neglects for seventy-two hours to respond by either denying the allegation or to commence work upon the highway or bridge, or fails to continue the work in good faith and with reasonable dispatch until the highway or bridge is put in good and sufficient repair, the citizens may file with one of the county road commissioners or the superior court for the county in which the highway or bridge is situated, a written complaint signed and sworn to, setting forth in general terms the location of the highway or bridge and the nature of the insufficiency. The complainants shall also give the commissioners security by deposit or otherwise for the costs of proceedings under the complaint." 19 V.S.A. § 971. After the selectboard are notified, the commissioners will "examine the highway or bridge, and hear all interested persons as to whether the public good demands that the highway or bridge be repaired and as to its condition and the repairs necessary to make it safe and convenient for public travel, and as to the costs of the required repairs. The deposit or other security shall be refunded if the complaint is valid." 19 V.S.A. § 972. 5. Documents must be available during office hours. In one town the clerk decided that in order to stay current with her work she would close the office to the public one afternoon a week. The public records law (1 V.S.A. §316) provides that custodians of public documents must make documents available to the public for inspection between nine and noon in the morning and one and four in the afternoon unless the public agency is not regularly "open to the public" during those hours. If the agency is not open during those hours then inspection or copying of records may be made during customary office hours. This means that so long as the time she is using to catch up is not part of her customary office hours she can keep the public out so that she can stay current with her recording. 6. Custodian can require records to be reviewed in the presence of a town employee. A public agency may make reasonable rules to preserve the security of public records or documents, and to protect them from damage. 1 V.S.A. §316. It is not unreasonable for the custodian of public records to require the presence of a town employee when records are being reviewed to ensure that no papers are removed from the office. 7. Selectboard may accept gift or grant without voter approval. No law requires the selectboard to seek voter approval before accepting a grant or gift to the town. It has long been the advice of this office that so long as a specific law does not expressly require a vote in order for a community to be eligible for a particular grant, the selectboard has the authority to apply for and accept grants on its own initiative. (Book of Opinions, page 563). See also Lawton v. Town of Brattleboro, 128 VT 525 (1970). (A vote of the electorate is not an indispensable prerequisite to the authority of the board to function in areas of their official responsibility.) 8. Boards may borrow in anticipation of taxes. The legislative body of a municipality may borrow money in anticipation of taxes so long as the notes or orders mature within one year and so long as they are not in an amount that exceeds 90 percent of the amount of taxes assessed for the year. 24 V.S.A. § 1786. 9. No voter approval is required for borrowing for highway equipment. Municipal financing law was amended in 2001 so that a selectboard can now approve borrowing for purchases of equipment for highway equipment without going back to the voters for approval. 24 V.S.A.§1786a. This is a very limited delegation of powers and can only be used for equipment to maintain or construct highways or bridges within the town. 19 V.S.A.§ 304 (a)(3). 10. Unused highway funds may be carried into the next fiscal year, but they may only be used for highway purposes. 19 V.S.A. § 312 provides that "the funds raised from town highway taxes shall not be used for any purpose other than that for which the tax was voted, subject to the provisions of this chapter. If in any year money so voted is not expended, it shall be applied for the same purpose the following year." Accordingly, unlike other town funds which may not be carried forward from year to year, a town with excess highway funds may spend them in the next year without additional voter approval. 11. Selectboard can decide to pave a road without town vote. It is the responsibility of the selectboard to construct and maintain the roads of the town. Although there is a public process involved when a board wishes to change the classification of a town highway, no public process is required (beyond a decision made during a public meeting of the board) when the board decides that a particular road should be paved. 19 V.S.A. § 304. 12. Towns must go through all of the same statutory procedures to reclassify a highway from IV to III as must be done to go to a lower classification or to abandon a road. If a road is reclassified to Class III, after the selectboard has gone through the necessary notice, hearing and decision, the town may use funds from its town highway budget to improve the road, if funds are available. A vote of the electorate is only required if additional funds are needed. 19 V.S.A. §§707-717. 13. Landowner can gate a town road with selectboard’s permission. The selectboard can create pent roads in a town by granting permission to a landowner to erect stiles, or unlocked gates and bars on a town road. Landowners used to request the board to permit them to gate a road when they owned both sides of a highway and used the fields for grading. Today, most requests for pent roads are made in an effort to slow down ATV traffic on class IV roads and trails. The board can make regulations governing the use of pent roads and can establish penalties not to exceed $50.00 for noncompliance. The permission to pent a road must be given in writing and it must be recorded in the town clerk’s office. 19 V.S.A. § 304(5). 14. Parking regulations must be made by ordinance. The selectboard has the authority to regulate parking on town roads. Although the law specifies that the board can make special regulations as to the operation, use and parking of motor vehicles on highways under their jurisdiction, courts have said that these regulations must be made by ordinance. 19 V.S.A. § 304(6). 15. Zoning administrator must record permits or notice of permits and notices of violation in the clerk’s office. Vermont law requires that within 30 days of the issuance of a zoning permit, notice of violation or denial of a zoning permit, the zoning administrator must deliver the original, a legible copy, or a notice of the municipal land use permit or notice of violation to the municipal clerk for recording in the municipal land records. 24 V.S.A. § 1154. A copy must also be filed in the municipal office in a location where all municipal land use permits must be kept. 24 V.S.A. §4449(c). It is a good practice for the zoning administrator to also maintain copies of all municipal land use permits in a single location other than clerk’s office. 16. A town clerk must record properly submitted deed and survey (conforms to statutory requirements in 27 V.S.A. §341) even if an abutter objects that it contains incorrect information. The recording function is a ministerial duty that allows the documents to provide notice to others. If a correction needs to be made, a new corrected deed or survey must be submitted for recording. 17. A person in a correctional institution must register to vote in the last town in Vermont in which the person resided prior to incarceration. (See 17 V.S.A. §2121 and 2122(a), "a person can neither gain nor lose residency…while in a correctional institution.) There is also a more specific provision in 28 V.S.A. §807 that states that a person cannot register to vote in the town where the correctional facility is located. While some attorneys consider this provision to be unconstitutional, it has not been challenged in court. 18. Title 17 requires that the voter checklist include the mailing address of each voter. This should be the current mailing address which means that your checklist should be updated to include the correct E911 addresses unless the person has a Post Office Box for a mailing address or unless the person filed a confidentiality request form to keep the E911 address out of public records. You will also want to update your mailing addresses this year so that when you send out purge letters, you will be using the most recent address. 19. Attorney fees can be added to delinquent taxes once taxes are sent to attorney for collection. When a town sends delinquent taxes to an attorney for collection and to begin the tax sale process, if the delinquent taxpayer decides to pay all of the back taxes, penalty, and interest, the town can also add the actual and reasonable attorney fees that it has incurred. 32 V.S.A. §5258. However, the town cannot add a straight percentage similar to a contingency fee, but can only add the actual attorney fee it has incurred. 20. Board may discuss exempt documents in executive session. A public board may make a motion to go into executive session to discuss matters for reasons which are listed 1 V.S.A. § 313 (1) through (8), one of which is "documents which are exempt from public records according to 1 V.S.A. §317." If using this reason, the motion needs to mention which public records exemption in section 317 is being relied on to go into executive session. 21. Special procedures must be followed for a town to issue bonds. The selectboard must pass a resolution of public necessity to begin the process for a bond vote. 24 V.S.A. §1755. All bond votes require special and additional notice and warning to be provided as directed in 24 V.S.A. §1756. The ballots must be prepared as directed in 24 V.S.A. §1758. Selectboards and town clerks must provide copies documenting the various steps to bond counsel. It is wise to confirm that you have covered all the steps with bond counsel before the warning period expires. 22. Custodians of records must make documents available for inspection. They do not need to find and fax. The public records law in 1 V.S.A. §315-318 provides that custodians of public documents must make documents available to the public for inspection and copying during reasonable hours. The law does not require that the custodian fax copies of documents to anyone, or require that the custodian conduct research to find documents. While each custodian can establish additional office practices, we caution against trying to be too helpful and creating a risk of liability for the town if you miss finding a document that has been requested or send the wrong document. 23. The manner in which a town votes to either adopt or revoke the town manager system is determined by the manner in which the town elects its town officers. If a town has voted to elect its officers by Australian Ballot, then any vote on the town manager system of government is done by Australian Ballot (whether to adopt or to revoke.) If a town still votes its officers from the floor by voice vote or paper ballot, then the vote to adopt or revoke the town manager system is by the floor system of voting. The legislature decided to "piggyback" the manner of voting to the manner in which officers are elected rather than dictate Australian Ballot for all towns. 24 V.S.A. §1242 and 1243. 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
|
||||
|
|
||||
|
Civics Behind the Scenes |
||||
|
After considering over 200 entries from exceptionally talented Vermont students, the Secretary of State’s Office has chosen the winners of the 2007 Poster & Essay Contest. As in past years, we are able to present the winners online. The winning entries can soon be viewed on our Kids’ Page at http://www.sec.state.vt.us/Kids/kids_index.htm The winning posters will be displayed in the lobby of the Secretary of State’s Office. We encourage you to check them out when you visit us in Montpelier! The winning essay is reprinted below.Grades K-2 Poster Contest on Official Vermont Symbols
Grades 3-5 Poster Contest on a Vermont History Theme th Grade Class, Chelsea Public School, Chelsea Honorable Mention: Grades 6-8 Essay Contest on the Vermont Constitution
************************************************************** Vermont Representatives and the Constitution The people of Vermont have the constitutional right to gather together and talk to their representatives about the way they would like the representatives to address certain decisions such as how they would like the representatives to vote on certain bills. Every representative, however, must take a pledge swearing that he will not make or agree to anything that might hurt the people for whom he advocates. Each representative must swear to be "a faithful and honest Representative and guardian of the people, according to the best of [his] judgment and ability." That’s a big job! What should a representative do who is strongly urged by the people he represents to oppose a bill but believes that the bill would be truly beneficial to them or protect them from harm? The person in this position is in a tough spot. The representative must do what she promised (in taking the oath) regarding what she believes is the best for her constituents, but the whole reason why she is in office is to represent them, and that is a part of the oath also. The representative should try to carefully listen to the people and understand their side of the story. She should also reason with them to show them her side, and try to explain why she thinks what she thinks in a peaceable manner. Most of all, the representative should conside r what she would want if she were in their position. As great philosophers have said: "Do unto others what you would have them do unto you."However, if the representative and her constituents still have not come to an agreement, she must do what she thinks would be the most helpful for them to the best of her knowledge. That action should not be what the representative would like to see happen for her own good, but what she sincerely believes to be best for the people. There might be some of the people who hotly rebuke her for choosing this way. However, if she is doing what is right there will be many who support her, even though it might not seem like that at first. I think that one of our representatives showed a good balance of both guardianship and representation in what he said at our town meeting. The representative told us that he would not be voting for a certain bill. A voter stood up and said he should support the bill if the majority of the voters wanted him to. The representative said in most cases he didn’t mind doing that [representing the people’s wishes]. However, he felt that this bill would be destructive to the state rather than helpful, and [acting as a guardian] he couldn’t support it. He was willing to support the people’s wishes, but he also would not consider voting for a bill that would be harmful to them. Being a representative means both acting as a advocate for the people and as a guardian of the people. At times this can be a controversial position. For the most part, the representative will find that what the people want is the best thing for them, but at the rare time when this is not so, she must, in acting as their guardian, protect the people from anything that could be hurtful or harmful to the people regardless of their opinion. Table of Contents | Past Issues of Opinions | Secretary of State's Homepage
|
||||
|
Secretary of State Deb Markowitz would like to On March 13 th Secretary of State Deb Markowitz joined with Vermont Business Magazine and the Vermont Chamber of Commerce to present The Vermont Centennial Business Awards at UVM’s Billings Student Center. The award acknowledges Vermont’s oldest businesses for enriching the economic heritage and enhancing community life during the last century and beyond. From all across Vermont, these honored businesses represent a wide range of entrepreneurs from a dairy farm/museum and manufacturer of custom granite memorials to telephone companies and a general store. The recipients for 2007 are:Burgess Brothers, Inc. - Bennington - Established 1792 North Star Monthly - Danville - Established 1807 Billings Farm and Museum - Woodstock - Established 1871 Foley Services, Inc. – Rutland - Established 1879 Custom Laundry and Linen Supply, Inc. – Brattleboro - Established 1887 Parker & Stearns, Inc. – Johnson - Established 1890 OMYA, Inc. – Proctor - Established 1894 H.E. Shaw Co., Inc. – Stowe - Established 1895 North Barre Granite, Inc., - Barre - Established 1895 Rock-Tenn Company – Missisquoi Mill – Sheldon Springs - Established 1895 Vermont Telephone Company, Inc. – Springfield - Established 1896 Barnard Funeral Home – Pittsford - Established 1899 Topsham Telephone Company, Inc. – East Corinth - Established 1899 Photos of the event and an application form for 2008 are available online at http://www.sec.state.vt.us/centennial_business.html Table of Contents | Past Issues of Opinions | Secretary of State's Homepage
|
||||
|
This month's tip comes from Mark Paulsen, Colchester Assessor, and Julie Graeter, Colchester Assistant Town Clerk/Treasurer. Each week, after downloading the list of declared homesteads from the Tax Department, we create (update) a list of all property owners in our town along with their SPAN and the date on which their property was declared. We post this list on our town website so that taxpayers and tax preparers can easily look up a SPAN and also verify if and when a property has been identified as a homestead for the current Grand List. We have heard back from a number of people who use and appreciate this resource. The Colchester SPAN Index can be viewed at www.town.colchester.vt.us
Table of Contents | Past Issues of Opinions | Secretary of State's Homepage
|
||||
|
MAY 2007 May 15 (Tuesday) May 28 (Monday) June 2007 June 1 (Friday) June 4 (Monday) (Within 60 days of petition) If a petition for reconsideration or rescission of a question considered or voted at Town Meeting has been filed, this is the last day on which a municipal vote may be held at a duly warned meeting. 7:2661(b) In towns using Australian Ballot, town clerk may open and destroy used town meeting ballots and tally sheets, except as otherwise provided by law (90 days after town meeting election). 17 :2590(d) June 24 (Sunday) June 30 (Saturday) The Municipal Calendar is provided by the Vermont League of Cities and Towns/Chittenden Bank and the Secretary of State's Office. Table of Contents | Past Issues of Opinions | Secretary of State's Homepage
|
||||
|
If we had no winter, the spring would not be so pleasant: if we did not sometimes taste of adversity, prosperity would not be so welcome.
Table of Contents | Past Issues of Opinions | Secretary of State's Homepage
|
||||
|
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!
|
||||
|
The Secretary of State’s Office wants all newly elected officials to know that we are here to help. We have many resources available to assist you in your job. Please do not hesitate to contact us! Education and Training - See below for upcoming sessions
Telephone Inquiries
Opinions Newsletter
Publications http://www.sec.state.vt.us/municipal
Table of Contents | Past Issues of Opinions | Secretary of State's Homepage
|
||||
|
Vermont Notary Trainings 2 hours of MCLE! Registration deadline is seven days prior to event. Thursday, May 3, 2007; 6:00-8:00 PM Tuesday, May 8, 2007; 6:00-8:00 PM Thursday, May 10, 2007; 3:00-5:00 PM Wednesday, May 16, 2007; 3:00-5:00 PM CONTACT: Kathy Watters
(kwatters@sec.state.vt.us) ********************************************************************************************************* Board of Civil Authority Trainings This workshop will provide an overview of your duties with a heavy emphasis on the tax appeal process and tax abatement. Newly elected selectboard members, justices of the peace, and listers are encouraged to attend. Thursday, May 3, 2007; 4:00 - 5:30 PM Tuesday, May 8, 2007; 4:00 - 5:30 PM Thursday, May 10, 2007; 5:30 - 7:00 PM Wednesday, May 16, 2007; 5:30 - 7:00 PM Registration fee of $25.00 or $50.00 for three or more attendees from the same town. Call (802) 828-2148 or email Ginny Colbert: gcolbert@sec.state.vt.us for more information. You may download a registration form at: http://www.sec.state.vt.us/municipal/BCA_Trainings.htm Please submit a separate registration form for each attendee.Make check payable to: VT Secretary of State. Register early as space is limited. ********************************************************************************************************* Disaster Preparedness for Municipal Clerks The Vermont Museum & Gallery Alliance (VMGA) in conjunction with the Vermont State Archives presents a workshop designed to assist municipal clerks and other recordkeepers to plan for and mitigate disasters, large or small, that might impact their institutions. Disaster Preparedness for Municipal Clerks will cover the basics of emergency planning, including: Writing a Disaster Plan— What is it and Why is it Important Choose from one of five dates and locations for the workshop:
The workshop runs from 9:30am-4:30pm. A registration fee of $20 covers handouts, supplies & refreshments. Lunch is on your own. Go to http://www.vmga.org/whatsnew.html for the flyer & registration form or contact the VMGA office at (802) 475-2022 x114; vccp@sover.net for more information.
|
Need Help With A Web Site Technical Issue, Contact The Webmaster At: Webmaster@sec.state.vt.us
To Contact This Page's Content Editor Contact Ginny Colbert At: gcolbert@sec.state.vt.us
|
SOS Home |
State of Vermont
Home |
VT Law
| Databases |