1. Laws that refer to town government will generally apply to all municipalities. Although most of Vermont municipal law refers to towns, Vermont statutes provide that "the laws applicable to the inhabitants and officers of towns shall be applicable to the inhabitants and similar officers of all municipal corporations." 1 V.S.A. § 139. This means that a statute that grants a particular authority to the selectboard will grant similar powers to the governing board of another kind of municipality, unless a more specific law (ex. a municipal charter) applies to the particular municipal corporation.

2. No bidding required for town projects. Vermont law does not require the selectboard to go through a public bidding process when they are making contracts or purchases for the town. However, the board has a fiduciary obligation to the people of the town that requires them to use the public’s resources wisely.

3. School districts must bid contracts over $10,000. Law requires public advertisement of all contracts over $10,000 or an invitation to bid to three or more vendors or suppliers. 16 V.S.A. § 559. (If the board receives fewer than three bids the commissioner of education can grant an exception to this rule.) For school construction contracts over $500,000, the board must follow rules established by the state board of education, and receive suggestions and recommendations on bidders from the state department of Buildings and General Services. 16 V.S.A. § 559.

4. Board members may not act on their own. Officials who are elected or appointed to serve on a local board have authority to take action only as part of the board. The law provides that "when joint authority is given to three or more, the concurrence of a majority of such number shall be sufficient and shall be required in its exercise." 1 V.S.A. § 172. This means that unless a board authorizes an individual board member to negotiate a contract or make a public statement about the board’s policy or position, an individual member of the board does not have power to negotiate or speak for the board. Goslant v. Town of Calais, 90 Vt. 114 (1916). (Statements by selectmen acting independently did not legally obligate the town.) St. George v. Tilley, 87 Vt. 427 (1914) (Action of one auditor, working alone has no official force and effect.).

5. Auditors must check books when selectboard request. Vermont law provides that "at any time in their discretion, town auditors may, and if requested by the selectboard, shall, examine and adjust the accounts of any town officer authorized by law to receive money belonging to the town." 24 V.S.A. § 1686. This means that if the selectboard wants information about the accounts of any official who receives money on behalf of the town they do not have to wait until the town report is prepared to ask the auditors to conduct an audit.

6. An official who fails to give financial records to the auditors will be ineligible for re-election. If a municipal official "willfully refuses or neglects" to provide his or her books, accounts, vouchers or tax bills to the auditors or the public accountant upon request, he or she will be "ineligible to re-election for the year ensuing and be subject to the penalties otherwise prescribed by law." 24 V.S.A. § 1686(c).

7. Town may vote to eliminate office of the auditor. A town may choose to eliminate the board of auditors and instead hire a public accountant to perform the audit duties of the town auditor. 24 V.S.A. § 1686. However, even when a town chooses to retain the elected board of auditors it is good practice for every town to engage a public accountant at least every few years to perform a professional audit of the town books.

8. Towns can borrow for five years or less without bond. Towns can choose to finance improvements or assets by borrowing for five years or less without a bond. To do so the voters must approve the proposed loan at an annual or special meeting of the town. 24 V.S.A. § 1786a.

9. When necessary the selectboard may borrow for highway purposes without vote. The selectboard may borrow from the municipal equipment loan fund to purchase tools, equipment and materials necessary for the construction, maintenance or repair of highways and bridges without a prior vote. 24 V.S.A. § 1786a (b).

10. Special meeting agenda may not be changed prior to the meeting. A board may make last minute changes to the agenda of its regularly scheduled meetings. However, when the board schedules a special meeting the agenda cannot be changed. The two kinds of meetings are treated differently because all the open meeting law requires of a regular meeting is that an agenda be available sometime before the meeting. 1 V.S.A. § 312 (c)(1), (d). It is not unreasonable to make last minute changes to an agenda - so long as it is done with enough time for interested members of the public to be apprised of the change. However, the open meeting law specifically requires that the reason for a special meeting be part of the public notice of the special meeting. 1 V.S.A. § 312(c)(2). This means that for special meetings the board must stick to discussing only those topics included in the public notice.

11. Agenda must provide specific topics to be covered. An agenda for a board meeting must give board members and members of the public an idea of what is to be covered at the board meeting. The agenda should not say merely "old business/new business." Rather, the agenda must list the topics that the board anticipates to cover. Some boards use similar agendas each month because they go over the same topics at each meeting. Other boards’ agendas vary greatly from meeting to meeting.

12. Subcommittees must follow the open meeting law. All public bodies must follow the requirements of the open meeting law. 1 V.S.A. § 312. A "public body" means any board, council or commission of the state or one or more of its political subdivisions, any board, council or commission of any agency, authority or instrumentality of the state or one or more of its political subdivisions, or any committee of any of the foregoing boards, councils or commissions. . . ." 1 V.S.A. § 310(3).

13. Listers must keep minutes of their meetings. Like all municipal boards, the listers meetings are subject to the requirements of the open meeting law. Among its other requirements, the open meeting law requires that minutes be taken at all meetings of public bodies. At a minimum, the minutes must include the following information: all members of the public body present; all other active participants in the meeting; all motions, proposals and resolutions made, offered and considered, and what disposition is made of same; and the results of any votes, with a record of the individual vote of each member if a roll call is taken. 1 V.S.A. § 312(b)(1).

14. Administrative work does not require public meeting. The requirements of the open meeting law do not apply to site inspections for the purpose of making tax assessments or abatements, clerical work, or work assignments of staff or other personnel. In addition, the law permits routine day-to-day administrative matters that do not require action by the public body, to be conducted outside a duly warned meeting, provided that no money is appropriated, expended, or encumbered. 1 V.S.A. § 312(g).

15. Most deliberations of a quasi-judicial board are not subject to the open meeting law. The open meeting law exempts the deliberations of a quasi-judicial board when the decision is to be in writing. This means that the board may deliberate over the phone, by e-mail or at a meeting that has not been publicly noticed. The public’s right to know is preserved by the fact that there must be a written decision that states what the board decided as well as the rationale for its decision. 1 V.S.A. § 312.

16. A quasi-judicial board determines individual rights and obligations in specific cases. According to Vermont law, a quasi-judicial proceeding means "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 and contested case under VT Administrative Procedures Act." 1 V.S.A. § 310(5).

17. Planning commissioner who moves may remain on the planning commission. Vermont law does not require members of the planning commission to be residents of the town that they serve. 24 V.S.A. § 4322 (At least a majority of the planning commission must be residents of the town.) Consequently, the selectboard may choose to retain a planning commission member even though he or she has moved to a new community.

18. Only board members may make motions at a board meeting. A selectboard meeting is a meeting of the board members and not a meeting of the voters. This means that only board members may set the meeting agenda, make motions and vote on agenda items. Indeed, although the public is entitled to be present and may comment on the business before the board (except for executive session matters) the public’s participation can be strictly controlled by the chair in order to permit the board to conduct its business effectively. 1 V.S.A. § 312(h). Note that this is different from Town Meeting which is a meeting of the voters of the town, and at which voters may make motions and vote from the floor.

19. Selectboard can decide to pave 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.

20. 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 grazing. Today, most requests for pent roads are made in an effort to slow down ATV traffic on class 4 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).

21. 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).

22. Property tax exemptions for volunteer fire department property must be voted at town meeting. 32 V.S.A. §3840. Property tax exemptions for the volunteer fire department must be voted at town meeting. The voters can establish the exemption for up to ten years at the first vote and thereafter for five-year periods. The Vermont Listers Handbook provides a good discussion of property tax exemptions including a chart giving the source of funding for education property tax liability for locally voted exemptions. The handbook also includes a chapter on properties that are exempt under state or federal law, and another chapter on exemptions that must be voted by the town.

23. Building rented by church for recreational program is not exempt from property tax. The law permits property owned or "kept" by a church to be exempt from local property taxes if it is used for specific purposes listed in the law. Even if rental property can be considered property "kept" by the church, the recreational center would not be exempt because the law does not exempt property held by a church for recreational uses. 32 V.S.A. § 3832(2). It is an open question whether it may be possible to exempt the property from taxation through town vote. That is because although property used for recreational purposes may be exempt by vote of the town, the use of property is generally determined by looking at the owner – not the occupant. In this case the owner is using the property as rental property, which is not exempt. 32 V.S.A. § 3832(7).

24. Church must pay taxes on property purchased from non-exempt landowner after April 1st. When a church or other exempt organization purchases or is given property mid-year it will not be exempt from taxation until the following April 1st. Not only do the statutes not provide a mechanism for granting an exemption mid-year, but the change in status of the owners is not covered by any of the reasons for abatement given in 24 V.S.A. §1535. This means that the board of abatement would not be able to abate those taxes. When the listers prepare the next year’s grand list, the property can be listed as exempt under 32 V.S.A. §3802(4) and 3832.