These successive losses of recorded information were devastating, particularly since vast record collections were consolidated within a few repositories. In some cultures the keepers of the records fared no better than their holdings. There is, for example, an ongoing debate whether the royal scribes of conquered Mayan city states had their fingers broken and their fingernails pulled out before being sacrificed; had the pads of their fingers cut off; or were simply sold into slavery. While I celebrate the central role archivists once held in government, the possibility of being maimed, killed or sold into slavery probably would have influenced my career decisions.

Over time, however, perceptions of the legitimizing force of government archives declined. At some point (and one can imagine a Mayan archivist playing a role here) archives became perceived as dark and dusty preserves for historians, overseen by non-threatening, mole-like archivists.

Archivists only came into play when records were eligible for disposal. They would determine which records were archival and then create finding aids, perform conservation work, and provide access and reference services, usually to a small group of academic historians. In performing their duties archivists often worked at the item level, developing detailed knowledge of their records.

That comfortable, non-activist view of archives and archivists was never as pure as some practitioners would have us believe. Decisions about which records were archival, how they were described, or how they were made known all influenced what we knew about, and how we used, records.

As the volume of public records increased, the flaws in the life cycle approach became more evident. In Vermont, under the life cycle approach, agencies turned to the Public Records Division only when inactive records became a storage space problem. Then the Public Records Advisory Board (PRAB) would review agency requests for disposal of records on a case by case basis. Consequently similar records from different agencies or even different departments within an agency might be assigned different values and retention periods. Similar records might also be described differently, while long neglected records, whose creators were no longer around, might be lumped together under such non-descriptive descriptions as "miscellaneous" or "historical." Archivists, confronting voluminous, often inadequately described record series, could not keep up with item level processing.

These problems were exacerbated with the advent of information technologies that made the presentation of records and information dependent on rapidly changing formats and media. Failure to manage records from point of creation often meant the records were lost, left behind on obsolete technologies or irretrievable because of idiosyncratic file naming conventions.

Responses to these problems include the concept of the record continuum, functional analysis, and controlled vocabularies. A record continuum approach differs from life cycle management by having archivists and records professionals work with agencies from the beginning so that decisions about record values are incorporated into the design of recordkeeping systems. Functional analysis focuses on what we do rather than who does it. This provides stability for managing records in an environment where agencies are constantly renamed or restructured. Finally, controlled vocabularies provide a way to consistently describe functions, activities and record types across bureaucratic boundaries. For more information on functional analysis and controlled vocabularies visit our website at: http://vermont-archives.org/records/vclas/thesaurus.htm

These approaches allow us to develop general schedules governing activities and records common to all agencies. A general schedule provides agencies with a common framework for determining how long records must be kept.

Managing records from point of creation reduces the amount of processing since archival records have already been appraised and organized prior to arrival at the archives. To further address processing workloads, the focus is now on initially providing brief descriptive and contextual information on record series rather than more detailed descriptions requiring the physical handling every individual record. This alerts potential users to what archival series exist without having to wait for processing backlogs to be addressed. There is also the possibility that future users can help flesh out these brief series descriptions by sharing what they discover during their research.

Some of this work can now be seen on the Archives website. For example we now provide an online, and ongoing, database to archival record series (http://vermont-archives.org/research/database/series.asp), while we also have a section on managing records (http://vermont-archives.org/records/).

The Archives is also part of a volunteer collaborative effort with the Department of Information and Innovation and with the Public Records Division within the Department of Buildings and General Services to provide consistent professional advice to agencies on records issues. We hope to soon have a monthly newsletter for reporting on the work of that collaboration.

These are exciting times within the archival profession. As information and records are better managed it becomes easier to weave the knowledge they represent into government decision making. We are excited, while trying to keep our sacrifices metaphoric and our fingers intact.

13. Village BCA differs from town BCA. The board of civil authority of a village consists of the justices of the peace 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).

14. Village checklist comes from town 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.

15. Legislative body may generally spend reserve fund without additional vote. 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.

16. If one voter is elected both as a selectboard member and 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 a majority vote of the board members present.

17. When ballots are printed for any election, including a union school district, the ballots must be delivered directly from the printer to the town clerk or school district clerk. The security of ballots is important before an election as well as after an election. Ballots must be delivered directly to the town clerks so that absentee ballots can only be obtained from the town clerks of the member towns for union school district australian ballot elections.

18. Registered voters in Vermont shall not lose residency for voting purposes solely by living outside of the United States. Until the voter returns to reside in the United States, the voter can remain on the checklist and vote by absentee ballot in the town in which the voter last resided before moving overseas. Do not send challenge letters to these voters unless you believe that the voter has moved back to another jurisdiction in the United States. 17 V.S.A. § 2122.

19. Clerk must record copy. The general rule is that a clerk must simply record a document when it is presented for recording. If the document presented is a copy and not an original this presents some problems since once copied into the town records a person searching the records will have no way of knowing that what he or she is looking at is not an original document. Therefore, when given a copy for recording, the clerk should clearly indicate in the margin that the recording is of a copy. This will hopefully prevent someone from being misled later on. It is up to the attorneys to decide whether a recorded copy of a document has any legal force or effect!

20. Adverse possession rule is 15 years. Vermont law provides that a person who possesses another’s property (or who uses a right of way over someone else’s property) obtains title to that property (or a legal right of way over that property) if their possession was "open, notorious, hostile and continuous for the full statutory period of fifteen years." 12 V.S.A. § 501. Lawrence v. Pelletier, 154 Vt. 29 (1990). If the landowner has permitted the person to use the property no adverse possession claim can be made unless there is an express or implied revocation of that permission. Note that it takes a court action to transfer title by operation of this law. Only when the town clerk is given such an order for recording can the grand list be changed to reflect the new ownership.

21. Public land cannot be acquired through adverse possession. Vermont generally follows the common-law rule that a claim of title or right by adverse possession does not lie against public lands. Society for the Propagation of the Gospel in Foreign Parts v. Town of Sharon, 28 Vt. 603, 612 (1856). The principal behind this rule is that it would hurt the public to allow adverse possession of lands dedicated to public use.

22. Municipalities can acquire land through adverse possession. Although a municipality cannot lose the right to property through adverse possession, the courts generally recognized that public entities, including municipalities, may acquire land by adverse possession. In re: .88 Acres, 165 Vt. 17 (1996).

In the July/August 2007 Opinions, we stated the following:

10. Minors may not be hired to operate lawn mower (unless it is non-motorized). Towns must follow Vermont and Federal child labor laws which provide that no person who is under 18 years old may work in any occupation declared hazardous by the Secretary of the US Department of Labor or the Commissioner of Labor & Industry. These include, in part, driving a motor vehicle and being an outside helper on a motor vehicle, using power-driven hoisting apparatus, power-driven circular saws, band saws, and guillotine shears, roofing operations, or excavation operations. Indeed, the department of labor website emphasizes that minors can not operate power mowers or cutters! There are additional limitations on the kinds of jobs a child who is 14 or under may work. For a complete list visit www.state.vt.us/labind.

This is the corrected language:

10. Minors under 16 may not be hired to operate lawn mower (unless it is non-motorized). Towns must follow Vermont and Federal child labor laws which provide that no person who is under 18 years old may work in any occupation declared hazardous by the Secretary of the US Department of Labor or the Commissioner of Labor & Industry. These include, in part, driving a motor vehicle and being an outside helper on a motor vehicle, using power-driven hoisting apparatus, power-driven circular saws, band saws, and guillotine shears, roofing operations, or excavation operations. Indeed, the department of labor website emphasizes that minors under 16 can not operate power mowers or cutters! There are additional limitations on the kinds of jobs a child who is 14 or under may work. For a complete list visit www.state.vt.us/labind or http://www.dol.gov/elaws/esa/flsa/docs/haznonag.asp

Ö Kids’ Page - The Secretary of State’s office "Kids’ Page" features colorful artwork, easy to access information and interactive games on Vermont’s history, government and geography. The Kids’ Page is designed to be used by students and educators to help make learning about Vermont fun. Visit the "Readers Corner" which promotes books about Vermont and by Vermont authors. Your students can submit their own book reviews and older students are invited to interview Vermont authors. The Kids' Page can be accessed at www.sec.state.vt.us.

Ö Curriculum Offerings - We have a full range of popular booklets to help teach students about Vermont history, how a bill becomes a law, and how Vermont’s Town Meeting Day works. The curriculum meets Vermont’s educational standards. Plus, we have a great board game, On the Road to Congress, which illustrates the path a congressional campaign must follow. It takes students from the earliest planning and paperwork stages into the final suspenseful moments when the vote is counted.

Ö Vermont Secretary of State’s Poster and Essay Contest - This contest is open to students at all grade levels. Younger students submit posters on official Vermont symbols or on Vermont history. Older students write essays on the Vermont Constitution and on the importance of voting to democracy. First place winners and their school classes are treated to a rare viewing of the VT Constitution at the State Archives in Montpelier.

Ö School Visits - Secretary of State Markowitz and her staff are happy to visit high school and middle school classes around the state. During these visits she discusses the impact of government on our lives and the importance of participating as voters and as active members of our communities. While Secretary Markowitz is there, she can also register 18-year-old students to vote. If you know a class that would be interested in such a visit please have the teacher or principal call Missy Shea at 802-828-1296 to get on her schedule.

Ö State House Tours - Our office works with folks at the State House to provide fun experiences at the capitol that will really help students understand the important work that goes on in that beautiful, historic building.

• Legislative Role Play - Designed to be an interesting way for older students to learn about how a bill becomes a law by taking part as the various players in the process. This tour helps students better understand the complexity of law-making and highlights ways they might get involved.

• Under The Golden Dome - Our latest idea, soon to be unveiled! This is a brand new booklet intended to keep elementary students engaged during their tour by giving them an opportunity to interact with the information as it is being presented. Plus, the booklet offers lots of follow-up activities that can be taken back to the classroom! We hope to have the books printed and the tours available later this fall.

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