1. BCA or voters designate polling place. Vermont law provides that 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. Note that polling places must be accessible to people with disabilities. In addition, polling places should be in nonsectarian locations. 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.

2. Combining polling places simplifies election administration. We strongly suggest that towns combine polling places wherever possible. Although your town may have more than one voting district (due to legislative apportionment), you can have all of your voting districts at one polling place if there is sufficient room for parking. You can subdivide a gym or large meeting space into voting districts. If your town has only one voting district there is no need to have more than one polling place.

3. The selectboard and school board may loan money to each other secured by a note signed by the board that is borrowing the funds. 16 V.S.A. §429. The legislature recognizes that there can be cash-flow issues when managing a town or school district, and that it is beneficial to the taxpayers to permit short term borrowing between the municipalities. The law provides that when the school board or selectboard borrows money from the other municipality the note shall stipulate the terms of the loan and 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 must be willing to cooperate, but we felt it was worth a reminder that this option may be helpful in some towns.

4. Special town and special school district meetings may be held on any day chosen by the legislative body, so long as appropriately warned. Towns and school districts may hold special meetings on a day or date the board believes is convenient for the voters so long as it is properly warned. Although this is not required by law, we suggest that the town and school try to coordinate their meetings to ensure that voters can conveniently participate in either meetings or votes.

5. Selectboard fills unexpired terms on the zoning board or development review board. Although some towns may have through tradition allowed the zoning board of adjustment or development review board members to recommend to the selectboard the name of people who might fill unexpired terms on the board, the statute is clear that the selectboard has the sole responsibility for this appointment. 24 V.S.A. §4460. The selectboard also decides the number of members and the term lengths for the members. When a vacancy occurs, the selectboard should post a notice of the vacancy, and may request that interested people send a letter of interest or resume to the board. However, the statute does not specify the particular procedures to use and a board may simply appoint who it wishes to serve without any public process (except appointment in an open meeting).

6. Town may not go without a zoning administrator for very long. The law provides that "if the administrative officer fails to act with regard to a complete application for a permit within 30 days, whether by issuing a decision or by making a referral to the appropriate municipal panel, a permit shall be deemed issued on the 31st day." This means that if there is a vacancy in the position the municipality will risk permits being issued without review. 24 V.S.A. § 4448. It is our recommendation that towns have an acting administrator who is appointed to serve in the event that the zoning administrator is absent or the position becomes vacant. 24 V.S.A. § 4448(b). Like the zoning administrator, an acting administrator is nominated by the planning commission and then appointed by the selectboard.

7. Clerk may set his or her own office hours. 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 VSA §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.

8. During clerk’s vacation office hours may be altered. Even town clerks can go on vacation – provided they make an arrangement to have someone else – an assistant – open up the office and the vault in order to make the public records available. No law requires the assistant clerk to maintain the same hours as the clerk (in one instance, the assistant, who ordinarily works very part-time for the town, will open the office by appointment). So long as the clerk posts an advance notice to let the public know what the temporary times or arrangement will be, and the records are available during his or her absence, the legal requirement that "the files and records in the office of the clerk shall be available for inspection upon proper request at all reasonable hours" will be met.

9. Entrance or exist checklist must be available for five years. An entrance or exit checklist from each election must be kept for five years following the election and made available at cost to the public. 17 V.S.A. §2590(e). Although the ballots and tally sheets may be destroyed 90 days after a local election, and 22 months after an election including federal offices, the entrance or exit checklist must be retained for five years.

10. Town clerk is generally the presiding officer of an election. Vermont law provides that the town clerk shall be the presiding officer unless the town has previously voted at an annual meeting to provide otherwise. 17 V.S.A. §2452(a). However, if a town clerk wishes to recuse himself or herself, or will be unavailable to serve, then the board of civil authority must promptly appoint another person who is a voter of the town 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 must appoint assistant election officials to ensure the election is properly staffed. If there are not going to be enough members of the board of civil authority available to staff the polling places, then prior to the day of the election, the board of civil authority shall 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 shall 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. Presiding officer assigns duties to BCA members and assistant election officials. Although the BCA appoints additional election officials, it is the presiding officer that assigns BCA members and appointed election officials to shifts and duties. 17 V.S.A.§2453 It is important that all election officials graciously accept the assignments made by the presiding officer. The assignments must be made to provide party balance and also to take advantage of the skills and talents of various officials. For example, it is critical that officials assigned to the entrance checklist have excellent hearing, excellent eyesight and the ability to focus on the list even as other activities are going on around them. It is important that the official assigned to the ballot box or tabulator does not "hover" over the box or machine in a manner that voters perceive as "trying to read my ballot". If an election official likes to chatter, then assign that official to guiding voters to a voting booth, or to checking voting booths to make sure that no papers have been left behind by a voter.

13. Candidates for House and Senate must have lived in Vermont for at least two years. The Vermont residency requirement to run for the Vermont Senate or House of Representatives is that you have "resided in the state for two years, the last of which shall be in the district for which he is elected." 17 V.S.A. §1892 (See also Vermont Constitution, Chapter II, §15). The one or two-year period is counted back from January 2009, when the newly elected legislators will take office.

14. BCA may call a special meeting if necessary to conduct its business. 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.

15. Presiding officers or an assistant election official in every town must attend an election workshop at least once every two years. Vermont law provides that 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). Please contact our office to get the schedule of upcoming workshops or see page 9.

16. Voters can petition to hire CPA to assist auditors. When five percent of the voters petition, the board must hold a special meeting, or include in the warning of the annual meeting an article asking whether the town will instruct the selectboard or trustees to hire an accountant to help the auditors perform their duties. 24 VSA § 1690. Of course, even if this article passes the auditors are not required to use the services of the CPA.

17. Town can vote to eliminate board of auditors. A town may vote to eliminate the board of auditors and replace the board with a CPA. When the office of auditor is eliminated the terms of office of any auditors of the town will expire 45 days after the vote, or when the selectboard or trustees contract with an accountant, whichever comes first. The selectboard will be responsible for preparing the town report.

18. Town cannot require listers to use appraiser for town-wide reappraisal. The law makes it the listers’ responsibility to "examine property that they are required to appraise as will enable them to appraise it at its fair market value." 32 V.S.A. § 4041. The law also 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." Nothing in the law permits the selectboard or the voters to require the board of listers to accept the assistance of an appraiser.

19. Petitions that don’t force vote are still useful. Not all petitions signed by five percent or more of the voters will force a board to warn a special meeting of the town. For example, a petition cannot force the board to conduct road repairs in a particular manner. That is because the statutes delegate the responsibility for decisions on road repairs to the selectboard. The voters’ petition cannot force the board to exercise its discretion in a particular way. However, a petition of the voters can still serve an important function of expressing the feelings of people in the town, and hopefully, persuading the board to take those concerns into account when making its decision.

20. Treasurer can often serve as assistant clerk. In towns that have two different people serving as clerk and treasurer it is not uncommon for the two officials to serve as each other’s assistants. This is acceptable so long as the assistant clerk does not keep the records of the town orders. 24 VSA § 1622 provides that "the chairman of the board of selectmen shall keep or cause to be kept a single record of all orders drawn by the board showing the number, date, to whom payable, for what purpose and the amount of each such order. All other officers authorized by law to draw orders upon the town treasurer shall keep a like record…If the records of orders named in this section are made by an assistant clerk, the assistant clerk shall not be the town treasurer, or the wife or husband of such town treasurer, or any person acting in the capacity of clerk for the town treasurer." The purpose of this law is to ensure there is a proper audit trail – ensuring that the person who keeps the records of orders is different from the person writing the checks on those orders.

21. Coin drops must be approved by selectboard. Vermont law makes it illegal for people to stand in the roadway to solicit from passing vehicles. However, if the selectboard approves, a not-for-profit or municipal organization can conduct coin drops or other solicitations (except on limited access highways). Before it grants a request to conduct a coin drop the board must be sure that the proposed activities or location would not create a safety hazard or cause undue traffic congestion. The board must also be sure that organization has adequate liability insurance. Note that the law prohibits children who are under 16 to participate in coin drop solicitations. 23 V.S.A. § 1056.

22. Board must warn public before sale of municipal property. Unless a municipal charter provides otherwise, if the legislative body of a town or village wants to sell municipal real estate, the board must post a notice of the terms of the proposed sale in at least three public places within the municipality, including the clerk’s office, and publish the notice in a local paper at least 30 days prior to the date of the proposed sale. The sale may go through unless a petition signed by five percent of the legal voters of the municipality objecting to the proposed conveyance is presented to the municipal clerk within 30 days of the date of posting and publication of the notice. If a petition is received the board must put the question of the sale to a vote. If the board wishes it may circumvent the notice and petition process and simply put to public vote the issue of whether the community should sell a particular municipal property. If a majority of the voters of the municipality present and voting vote to approve the proposed conveyance, the real estate may be conveyed. 24 V.S.A. § 1061.

23. Board may convey certain property without public input. The legislative body of a town or village may authorize the sale of municipal real estate if the sale is related to the control, maintenance, operation, construction, relocation or abandonment of highways or public water, sewer or electric system, or involves real estate used for housing or urban renewal projects. 24 V.S.A. § 1061.

24. Municipal property is conveyed by agent to sell real estate. Although the decision about whether to sell municipal property is made by the legislative body of the town or village or the voters of the municipality, the papers that effectuate that sale are signed by an agent elected or appointed to sell property. The certificate of election (if elected) or appointment (if appointed) must be recorded by the clerk. 24 V.S.A. § 1061.

25. E-mail addresses are not exempt from public disclosure. All records that are produced or acquired in the course of town or school business are public records unless an exception in the law permits them to be kept confidential. Because the law does not include an exemption for e-mail addresses that are collected by the town (except insofar as an employee’s home e-mail address might be considered personal personnel information, or a student’s e-mail address might be considered private under school privacy laws) this information will be available to the public. 1 V.S.A. § 317.