
Office of the Vermont
Secretary of State -
www.sec.state.vt.us
26 Terrace Street,
Montpelier, VT 05609-1101 : Phone 802-828-2363
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Volume 12,
Number 1
January 2010
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Message from the Secretary |
Table of Contents |
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On a cold snowy night a few weeks ago I found
myself sitting with dozens of other parents and community members in
our local high school cafeteria, watching a talent show. I was
amazed by the amount of talent the kids displayed; there was a rock
band with a guitarist and singer who were clearly on their way to
stardom, an award winning step-dancer and a classical saxophone
player, and of course, my son and his friends doing a hip-hop dance
routine. But what was most impressive about the night was that the
event was part of an effort by two senior students to raise
awareness and money to help an under-privileged school in Kenya. One
of the teens had spent time traveling in east Africa and was so
appalled by the conditions of one of the rural schools she visited
that she started a project called Education Without Borders
to raise money to pay for additional teachers and equipment.
The students at my kids' school are not the only
ones making a difference. All across Vermont teenagers are
volunteering in nursing homes and in animal shelters. They are
organizing fundraisers to help the food bank and they are looking at
ways their schools and communities can reduce their carbon
footprints. And they think big. With the internet and social
networking young people today feel connected to people and places
all over the world. They understand global problems and see ways in
which they can make a difference here in Vermont.
A recent report indicated that Vermonters
volunteer at a greater rate than the rest of the country. Perhaps it
is the small size of our state that makes each one of us feel
responsible to get involved and make a difference. Or perhaps it is
because we feel so lucky to live in Vermont that we want to share
our blessing with others. No matter what the reason, I know that
every time I hear a story about the ways in which our young people
are getting involved in our communities – or in helping a school far
away across the world - I feel optimistic about Vermont’s future and
the future of the world.
______________________________
At the start of this New Year
it is a good time to count our
blessings. In my life there is a great deal to give thanks for. I
have a loving husband, three beautiful children who are happy and
healthy, good friends, bright, energetic and committed staff, and,
all of you who make serving as your Secretary of State an honor and
a pleasure. Thank you!

Deborah L. Markowitz
Secretary of State
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Voice From the Vault
by Gregory Sanford |
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The Whole of the Moon
I recently encountered studies on how culture
influences the way we perceive things. Western cultures, for example,
tend to focus on objects, analyzing the object’s attributes and
categorizing it in order to discover rules governing its behavior.
East Asian cultures focus on context "noticing relationships and
changes and grouping objects based on family resemblance rather than
category membership." 1 Westerners have less
complex social networks and value individualism and autonomy; thus
they tend to see social and physical objects as distinct and separate.
East Asian cultures have complex interdependent social networks; thus
they tend to look for relationships among objects.
The perspectives are different, one more analytic,
the other more holistic; neither is "right’ or "wrong." Galileo
focused his analytical skills, bolstered by his telescope, on the
moon, adding to our understanding of the moon as an object. The
ancient Chinese took a more holistic approach, looking at the moon’s
relationships to other forces and thus discovered its influence on
tides (a connection Galileo never made). Both approaches furthered our
knowledge.
This cultural influence on perception perhaps
explains why Vermont state government traditionally attempted to
manage its records as distinct objects, narrowly categorizing records
into series without examining the record’s complex relationships with
the functions they support and with other records, especially those
created through similar functions conducted by other agencies. For
decades records management focused on the physical object, a record,
created by an individual agency or department, without taking a more
holistic view of the government functions the records support.
Consequently it is often difficult, if not
impossible, to locate similar or related records—and the information
and knowledge they contain—across bureaucratic boundaries. The
relationships among records have not been documented and the
dependency on accessing records through government structures (which
we routinely restructure) rather than the functions they support
compounds the problem.
The problems associated with viewing record series
as distinct objects have long been recognized. This has been
particularly true in recent decades as we turn to information
technologies to create, store, manipulate and transmit records.
Information technologies lend themselves to more global—more
holistic—views of information. They do not, however, automatically
create those holistic views; indeed, they cannot if information is
idiosyncratically categorized at the agency or department level.
As early as 1957 the Little Hoover Commission noted
that fragmented recordkeeping was a barrier to developing "centralized
data processing." See
http://vermont-archives.org/publications/voice/pdf/CentralizedDataProcessing.pdf
(my December 2007 column).
The Vermont Information Strategy Plan, launched by
Governor Richard Snelling in 1991, identified agency-based "silos of
information" as a barrier to improving government services and
effectiveness. In 2003 Governor Jim Douglas commissioned the Vermont
Institute on Government Effectiveness to look at the use of technology
to improve government services and their 2005 report echoed the image
of information silos as a barrier.
With the creation of the Vermont State Archives and
Records Administration in 2008, a new effort was launched to take a
holistic view of government records and information. That work is
being done by a record analyst unit under the direction of Tanya
Marshall. Tanya and her staff are using functional analysis and a
faceted classification approach to break down the information silos so
that records and information can become a business asset to government
and citizen alike.
In brief, functional analysis is the study of how
things are related and dependent on each other for their existence,
value, or significance and faceted classification is a way to break
down these relationships and dependencies into basic concepts
(facets). VSARA uses a system, called the Vermont Functional
Classification System (VCLAS), which consists of five core facets:
agencies/departments; legal requirements; government functions;
activities/services; and record types. VCLAS provides a mechanism for
uniformly and systematically defining, describing and managing public
records. The system also enables VSARA to look across the universe of
Vermont’s public records and identify relationships and dependencies
not only among records, but also among agencies and departments, legal
requirements, government functions, and the activities or services
performed.
VSARA’s record analysts are doing more than
changing how the state categorizes and defines its records; they are
attempting to transform our institutional culture so the existence,
value, and significance of government information will be better
understood and utilized. Their work combines Galileo’s analytic focus
on the moon and the ancient Chinese view of the moon within a network
of forces. Or, to paraphrase the Waterboys, they will allow us to see
not just the crescent, but the whole of the moon.
________________
1 Richard E. Nisbett and
Takahiko Masuda, "Culture and point of view," published in the
September 2003 Proceedings of the National Academy of Sciences of the
United States of America and available online, as of December 14, 2009
at http://www.pnas.org/content/100/19/11163.abstract.
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1. Campaign finance laws apply to candidates
for local office. Local candidates who raise and/or spend
over $500 in local campaigns must file campaign finance reports
with the town clerk ten days before the election and ten days
after the election. 17 V.S.A.§2822. Last year several
candidates exceeded the threshold. Please remind local
candidates of the campaign finance law and the necessity to
file. We have sent copies of the disclosure forms and campaign
finance guides to all town clerks. Copies of the guide and all
necessary forms are also on our website:
http://www.sec.state.vt.us.
2. Contact information for local officials is
public record. All contact information for local officials
and employees of a town are a public record. This means that if
a member of the public or a member of the press requests these
records the town must provide them. 1 V.S.A. § 317.
3. Email lists are public record. A
growing number of municipalities have developed lists of email
contacts for citizens who wish to be notified of town meetings
or for other purposes. Since these are records that have been
created in the course of agency business, they are a public
record and must be made available upon request. 1 V.S.A. § 317.
4. Budget committees are appointed by the
selectboard. If the selectboard wishes, it may appoint a
committee to assist with building the town budget. Unless the
town has a charter that provides otherwise, there is no state
law that would permit a town’s voters to elect a budget
committee at town meeting. Under state statutes it is the
responsibility of the legislative body (selectboard or school
board) to prepare and present a budget to the town. A
legislative body can appoint a budget committee and set the
committee’s responsibilities if the board wants to broaden
participation in the budget process, but it is a committee that
is appointed and serves at the pleasure of the board.
5. Open meeting law applies to budget
committee meetings. A budget committee appointed by the
selectboard to prepare or review a proposed budget is a public
body subject to the open meeting law. This means that the
committee must publicly announce its meetings, keep minutes of
each meeting and give the public who attend reasonable
opportunity to be heard. 1 V.S.A.
§§
310, 312.
6. Budget committee may act without a quorum.
A budget committee appointed by a board may meet without a
quorum unless the board or municipal charter provides otherwise.
Vermont’s quorum rule requires 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. Because the budget committee provides
recommendations to the selectboard, and does not have
independent authority to act, the quorum requirement does not
apply.
7. Towns may vote a specific budget or vote a
tax rate. Vermont law gives the selectboard a choice when it
formulates its budget for action at town meeting. 17 V.S.A. §
2664 provides that a town must "vote such sums of money as it
deems necessary for the interest of its inhabitants and for the
prosecution and defense of the common rights." The law then goes
on to permit the board either to "express in its vote the
specific amounts, or the rate on a dollar of the grand list, to
be appropriated for laying out and repairing highways and for
other necessary town expenses." We recommend that towns vote the
specific amount at town meeting rather than the rate on the
dollar of the grand list, since the grand list will likely
change between the date of the vote and the date the selectboard
must set the tax rate.
8. Municipal department may petition for
additional funds. If a department of the town is unhappy
with the appropriation set by the selectboard, the employees
may, in their free time, (not during work hours) circulate a
petition for an additional appropriation. (If the budget was
voted on the floor they could have simply moved to amend the
budget.) With five percent of the voters signing the petition,
the voters will be given a chance to determine whether they want
to provide the additional funding. Note that there is an
argument that the selectboard would still have authority to
withhold funds allocated to the department in the selectboard’s
budget as the budget is authority to spend – not a requirement
to spend. However we believe if the voters have specifically
authorized additional funding it is probably best for the board
to permit its expenditure. Note that if it is for the town
library, because the trustees have independent authority to draw
orders on the treasurer, the selectboard cannot withhold the
voter-allocated funds. See 22 V.S.A .§ 143.
9. Social service agencies that serve the
community may request special appropriations from the town.
The general rule is that a town may only spend taxpayer dollars
for social service agencies that serve the community. According
to 24 V.S.A.
§
2691 a town or village may "appropriate such sums of money as it
deems necessary for the support of social service programs and
facilities within that town for its residents." Note that,
despite the statutory language, the Vermont Supreme Court has
held that social service agencies physically located outside the
municipality may be considered to be social programs within the
village or town if the agency serves the residents of the
municipality. Addison County Community Action Group v. City
of Vergennes, 152 Vt. 161 (1989)(this case also extended
§2691
to cities.)
10. Social service agency does not have to
petition if selectboard agrees. An organization’s request
for a town appropriation can be placed on the ballot in one of
two ways. An agency can bring a petition, signed by five percent
of the voters, to the selectboard not later than the 40 th
day before the date of the meeting (we strongly suggest that
petitions are presented earlier than this deadline in case there
are signature errors). 17 V.S.A.
§
2642(b). In the alternative, the selectboard may, on its own
motion, include in the warning appropriations for non-profits
that serve the town. Some selectboards have an established
policy about when they will include appropriation requests on
the warning without petition. A typical policy is to
automatically place on the warning the previous year’s
appropriations. In these towns, any non-profit that had not
previously been given funds by the town, or an organization that
wishes an increase in funding must still petition the town to
get on the ballot. A selectboard can revise its policy from year
to year.
11. More than one social services agency can
join together in one petition. Social service agencies can
join together in circulating a petition signed by five percent
of the legal voters to ask to have an article or several
articles placed on the warning for town meeting. 17 V.S.A. §
2642. However, if using a joint petition, we strongly suggest
that each agency present its request in a separate article in
the petition so that the votes for each agency will be taken
separately at town meeting.
12. Petitions don’t need special language.
There is no special language that is required for citizens
to petition a selectboard or school board to place articles on
the warning for town meeting. 17 V.S.A. § 2642 states that if
five percent of the voters of the municipality file a petition
with the town clerk then the warning must include the article.
Vermont Supreme Court cases tell us that an inclusion of a
petitioned article is not mandatory if the article is frivolous,
illegal, or pertaining to a matter which is not within the
authority of the electorate of the town to decide. For wording,
we generally suggest:
We the
undersigned legal voters of the town of ANYWHERE, Vermont,
hereby petition the selectboard to include the following article
on the warning for the annual town meeting on March 2, 2010:
Article 1. Shall the voters of the Town of ANYWHERE vote
to...(include here the subject matter of the petition, i.e.,
increase the membership on the selectboard from three to five
members with the two new members each to serve a two year term)?
13. A town may vote to hire accountant in
lieu of elected auditors. 17 V.S.A. § 2651b. Municipalities
may vote by paper ballot (or Australian ballot in towns that
have voted to do all public questions by Australian ballot) to
eliminate the office of auditor. In such a case the selectboard
must contract with a public accountant (CPA). If a town passes
such an article at the annual town meeting, then the term of
office for any auditor in office on the date a town so votes
shall expire on the 45 th
day after the vote or on the date when the selectboards enters
into a contract with the CPA, whichever occurs first.
14. The town auditors must prepare the town
report and have it mailed or other distributed at least 10 days
prior to town meeting. 24 V.S.A. §1682(a). In response to
the concerns of towns that printing and mailing town reports to
every household was too costly, and that most town reports ended
up in the trash or recycling, the legislature changed the law to
permit the voters of the town to vote to permit the town to
provide "notice of the availability of the auditors’ report" to
the voters or residents of the town instead of mailing or
distributing the report itself. The law provides that "if the
voters of the town vote to provide notice of availability, they
must specify how notice of availability shall be given, and such
notice of availability shall be provided to the voters or
residents of the town at least 30 days before the annual
meeting." In addition, "upon request, the auditors shall mail or
distribute a copy of the full report to a voter or resident of
the town." Note that if a town has voted to eliminate the office
of auditor, the findings of the public accountant must be mailed
or otherwise distributed by the selectboard.
15. Town must publish the town meeting
warning if it is not included in a town report that is
distributed to the voters at least ten days prior to the
meeting. If the warning for town meeting is not included in
the town report and mailed or otherwise distributed to the
voters at least 10 days before Town Meeting, then the warning
must be published in a newspaper of general circulation in the
municipality at least five days before the meeting. 17
V.S.A.§2641(b).
16. Selectboard may choose to plow some class
four roads. While the law requires a town to "keep its class
1, 2 and 3 highways and bridges in good and sufficient repair
during all seasons of the year," class four highways may be
"maintained to the extent required by the necessity of the town,
the public good and the convenience of the inhabitants of the
town." 19 V.S.A. § 310. This gives the selectboard
flexibility to plow some class four roads but not others. We
recommend that selectboards adopt a policy that describes the
situations in which it will plow a class four road. A clearly
enunciated policy will enable the residents who live on these
roads to know what to expect and to know they are being treated
equally. (An example of a policy to plow would be if it is
necessary to provide school bus service to children living on
the road or to provide emergency services to year round
residents.)
17. Selectboard not bound by policy of
previous board. The selectboard may reconsider its road
policy whenever it feels it is necessary. A board is not bound
by a previous policy and may change it to reflect what the board
believes is the best interest of the community. A person who
lives on a class four road has no right to continued plowing
even if the road has been plowed in the past.
18. Resident may not put up fence in right of
way. In one town a resident was unhappy that the school bus
used the road as a turn around so the resident constructed a
fence in the highway right of way that would prevent the bus
from turning around. 19 V.S.A.
§
1111 makes it unlawful to construct a fence in the highway right
of way. However, the fence may be placed on the landowner’s
property – outside of the right of way – even if it prevents the
tail end of the bus from making the turn around.
19. The selectboard may construct snow fence
to prevent obstruction of highway. When the selectboard
determines that a town road is liable to be obstructed by
snowdrifts unless a snow fence is erected on land adjoining the
highway, it may give the landowner notice and hold a hearing for
the owner to discuss the matter, and then they can go on the
private property to build and maintain the fence for the winter
months. 19 V.S.A. §
927. Note that the selectboard may also require a landowner to
remove a fence for the winter if it can be done easily, in order
to prevent the town highway from being obstructed by snowdrifts
as a result of the placement of the fence. 19 V.S.A.
§
925. In both cases the board must follow statutory procedures
found in 19 V.S.A. §
923 of this title for giving the landowner and others notice,
inspecting property, determining need, awarding damages and
satisfying appeals.
20. Snowmobiles may use unplowed public
highways. 23 V.S.A.
§
3206 provides that a snowmobile may run on unplowed
highways if the town road has been opened to snowmobile travel
by the selectboard, and if the road is so posted by the town.
Snowmobiles may also use the unplowed portion of the highway
right of way so long as the operator is not closer than five
feet from the plowed portion. The selectboard should adopt a
clear winter use policy so that all landowners and snowmobile
users know what roads may be used in the winter.
21. Town may permit landowner to pent a road.
One landowner was unhappy because snowmobilers used the class
four road in front of his house at all hours of the day and
night, despite the fact that it was a privately maintained class
four road that the board had not opened to snowmobiles. 23 V.S.A.
§
3206. The board may grant the landowner written permission to
put up an unlocked gate across the road to deter recreational
use of the road. 19 V.S.A.
§
301. (Pent roads were originally created to keep in farm animals
where a landowner owned both sides of the road and let the
animals graze freely.)
22. Vote to enlarge school board from three
to five members may be rescinded by voters. The voters may
rescind a previous vote to increase the school board from three
members to five members. 16 V.S.A.§423(a). The warning
would include an article, "Shall the Town School District of
XXXX rescind its previous action to increase the school board to
five members and return to a three member board?" If this
article passes, the two school board members who are serving
either one or two year terms will finish the term to which they
were elected. At the end of their terms, the two additional
school board offices would be discontinued. This article would
be considered a public question, so the vote would be by voice
vote unless the district had previously voted to handle all
public questions or this particular question by Australian
ballot.
23. Town or school may vote to eliminate the
use of Australian ballot for particular types of votes. If a
town or school district has voted to elect officers by
Australian ballot and voters now want to return to paper ballots
and voice votes for election of officers, an article must be
placed on the warning, "Shall the Town of XXX discontinue the
use of Australian ballot for the election of officers?"
17 V.S.A. §2680(b). The article is a public question, so that
the vote would be by voice vote unless the town had previously
voted to handle all public questions by Australian ballot. This
article must either be voted at a special meeting before Town
Meeting, in order to change the method of voting for this year,
or voted at Town Meeting this year with the change in voting to
take place at next year's Town Meeting.
Errata: December 2009
issue, #21. Board can discuss business outside of a public forum
in an executive session. Executive session is used when the
board is acting in a legislative capacity and the subject that
needs to be discussed fits into one of the eight reasons listed
in 1 V.S.A.§313 to go into executive session. To enter executive
session, there must be a motion stating the statutory reason
with specificity, the motion must be seconded and passed by a
majority vote (two-thirds vote for a state agency). No action
can be taken in executive session (except for decisions to enter
into purchase agreements) and the board can only discuss the
subject that it publicly announced.
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.
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Civics Behind the Scenes
by Missy Shea, Civics Education & Vote
Outreach Coordinator |
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It’s impossible for me to think about writing an article for the start
of a new year without my mind immediately jumping to "resolutions." A
quick check through my files informed me that I’ve covered the topic
before. However, this year, I’m thinking about a different, yet
related, kind of resolution.
In addition to my job as civic education
coordinator at the Secretary of State's office, I teach an 8 th
grade American History class. In this age where information is
available instantaneously through technology, my students are having a
hard time with homework. They don’t necessarily mind doing it, but
bringing completed assignments with them to class early in the morning
seems to be a challenge they’ve yet to collectively master. Every day,
someone’s printer didn’t work, or someone else’s laptop wouldn’t let
them log on to review what the assignment was, etc.
When I complained about this over lunch one day, a
colleague retorted in an exasperated, flip tone, "Where have you been?
The printer excuse is the new ‘my dog ate my homework’." She’s right,
of course. But I couldn’t accept this. And I could tell that my
increasingly frustrated reminders about my homework policy weren’t
sinking in.
My remedy? A resolution! (Well...ok, a bill.) I
opened up "The Adventures of Bill: The Real-Life Account of How a
Vermont Bill Becomes a Law!" a publication from our office designed to
teach middle-school students the legislative process. I drafted a
quick copy of a mock bill based on the existing homework policy, and
began my next class with a guided discussion on the topic. I then
passed out the draft bill, which we read together as a first reading.
After I assigned it to committee (the whole class), their homework was
to email me ideas about our class homework policy, including potential
changes to the draft bill. The next day in committee/class, the
students debated the merits of various aspects of the bill including
proposed amendments, and, acting as legislative counsel, I took it
home that night for redrafting. After successful passage on the second
and third readings, our class now has a new homework policy.
Guess what? Not only do students still need to
bring completed homework assignments with them to class, the kids are
now more invested in that work, and the process by which it will be
assessed.
My resolution for 2010 is to pay closer attention
to teachable moments for civic education, and I’m asking municipal
authorities to join me. Citizens don’t have to be students in a
classroom to benefit from receiving information about and practice
with the way our democratic system works.
For more information about the Secretary of State's
kids programs, visit
www.sec.state.vt.us/kids.
For more information about the Secretary of State’s Office’s Civics
Programs or to order materials
visit
www.sec.state.vt.us
or contact Missy Shea at 802-828-1296
or email
mshea@sec.state.vt.us
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Get Ready for the Vermont Public Service Awards! |
The next few issues of Opinions will
contain monthly updates on the 2010 Vermont Public Service Awards. In
past editions we provided background information on the program and
outlined the nomination process. By now, each municipal clerk should
have received via email the list of local officials who were honored
in previous ceremonies, as well as the nomination form for 2010. We
have also posted a list on our website at
http://www.sec.state.vt.us/municipal/fame.htm. Nomination
forms are also posted online.
· Step One - On the nomination form, list everyone who reached
their 20-year milestone since the last ceremony. These folks will
receive a certificate.
· Step Two - Add all the officials who already received an
award and are still serving. They will receive a State of Vermont
pin at the ceremony.
If your town has never participated, or if you have
not received a list from our office, please feel free to contact us.
Many towns have already responded and we are looking forward to
working with all of you! For more information or if your town is
interested in hosting a regional event please contact Ginny Colbert at
gcolbert@sec.state.vt.us
or 802-828-2148.
Nomination forms are due by February 5, 2010!
We will schedule the regional events to begin in
Spring 2010.
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Centennial Business Awards |
Is Your Business A Century Old?
If yes, then the Secretary of State is
looking for you!
The Vermont Centennial Business Awards is a joint
project of the Office of the Secretary of State, the Vermont Chamber
of Commerce, and Vermont Business Magazine. Any business that has
operated in Vermont continuously for 100 years or more is eligible to
participate.
The Vermont Centennial Business Award acknowledges
Vermont’s oldest businesses for enriching our economic heritage. We
also hope that this program will deepen our understanding of how
Vermont’s businesses have enhanced our community life during the last
hundred years.
In March we will be presenting awards to the
Vermont businesses that will reach their centennial in 2010, as well
as honoring up to 20 of Vermont’s older businesses. Every centennial
business that applies to participate will be recognized.
If you know of a business that qualifies for the Centennial
Business Award, contact Ginny Colbert at 802-828-2148 for an
application, or visit our website at
www.sec.state.vt.us. The
application deadline is January 15, 2010.
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Tip of the Month |
This month's tip is from Sandra Ferver,
Town Clerk and Treasurer in Worcester:
When a town clerk receives a request for an electronic copy of the
voter checklist for your town or a district within your town, you must
provide it electronically because it is available through the
Statewide Checklist database. For smaller towns, where the town clerk
may only need to update the checklist monthly, here is an easy way to
have an electronic copy of your checklist ready to send. After you do
your monthly additions and updates on the Statewide Checklist (or
whenever you do additions or updates), before you log off, go to:
View/Print Reports, choose Entrance Checklist, and choose "Export Data
to Excel file and send as Email attachment." The entrance checklist
will be sent to your email inbox, where you can leave it until next
month’s updates. Anytime you receive a request, you can just forward
the email with the checklist attachment to the requestor! The original
email with the Entrance Checklist attached will remain in your email
inbox ready for the next request.
If you have a tip to share, contact Alison Kaiser
at akaiser@townofstowevermont.org
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Quote of the Month |
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All labor that uplifts humanity has dignity and importance
and should be undertaken with painstaking excellence.
Martin Luther King, Jr.
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Upcoming Events |
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Town Meeting Tune-Up
February 17, 2010
Sponsored by VLCT Municipal Assistance Center
Location: Capitol Plaza Hotel, 100 State Street, Montpelier, VT
Time: 8:30 am
Contact: Jessica Hill (info@vlct.org)
Phone: 802-229-9111
Fax: 802-229-2211
Price: PACIF members $55, VLCT members $80, Non Members $125
A parliamentarian’s paradise, this annual workshop is designed for
moderators and selectboard members, both seasoned and new. It will
focus on the statutory requirements for town meeting, Robert’s Rules
of Order, and best practices for making it through Town Meeting
unscathed.
_____________________________________________________________
Town Officer Education Conferences
Mark your calendars now for the 2010 TOEC,
coordinated by the University of Vermont Extension:
April 5 - St. Michael's College - Colchester
April 8 - Lyndon State College - Lyndonville
April 13 - Lake Morey Resort - Fairlee
April 20 - Mount Snow, Dover
April 28 - Rutland Holiday Inn, Rutland Town
Contact for More Information: Sally Cleveland at University of
Vermont Extension
Phone: 802-773-3349
Email:
sally.cleveland@uvm.edu
Website for information and/or registration:
http://www.uvm.edu/extension/
_______________________________________________________________________
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Municipal Calendar |
January 2010
1 - New Year’s Day. 1 V.S.A. §
371(a)
1 - Last day to warn the first
public hearing if charter adoption, amendment or repeal is to be voted
at town meeting (60 days before town meeting). 17 V.S.A. §§ 2641(a),
2645(a)(3) and (6)
15 - Last day for Tax Collector
to deliver unpaid real and personal property tax lists to Town
Treasurer. 32 V.S.A. § 5162
15 - Last day for Town Clerk to
remit to State Treasurer an accounting of dog and wolf-hybrid licenses
sold and remit the license fee surcharge for a rabies control program.
20 V.S.A. § 3581(f)
18 - Martin Luther King, Jr.’s
Birthday. 1 V.S.A. § 371(a)
21 - First day town clerks may
post warnings for town meeting (40 days before the meeting). 17 V.S.A.
§ 2641(a)
21 - Last day for receipt of
petitioned articles to be added to the town meeting warning. (Petition
must have been signed by five percent of the legal voters of the
municipality.) 17 V.S.A. § 2642(a)
21 - Last day for Board of Civil
Authority to designate polling places and, if necessary, divide the
checklist according to geographic boundaries. 17 V.S.A. § 2501(a)
22 - Official copy of proposed
charter amendments must be filed in town clerk’s office if vote is to
be taken on town meeting day (10 days before first public hearing). 17
V.S.A. § 2645(a)(2)
25 - In Australian ballot towns,
nominating petitions for town offices must be filed with the clerk of
the municipality no later than 5:00 p.m. (sixth Monday before the
election). A nominating petition must be signed by 30 voters or one
percent of the legal voters, whichever is less. 17 V.S.A. § 2681(a)
and (b)
25 - State Withholding Tax
Return is due (actual date by which return must be postmarked is shown
on the printed form) if reporting less than $2,500 per quarter. More
than $2,500 requires monthly report; more than $9,000 requires
semi-weekly report. 32 V.S.A. § 5842
26 - In Australian ballot towns,
town clerk receiving petitions for candidates running for municipal
office must return any defective petitions to the candidate (within 24
hours of receipt). 17 V.S.A. § 2681(e)
26 - Last day for auditors to
post 10 days’ notice of their meeting to examine town accounts. 24
V.S.A. § 1681
27 - In Australian ballot towns,
a candidate may withdraw by notifying the municipal clerk in writing
no later than 5:00 p.m. (Wednesday after the filing deadline). 17
V.S.A. § 2681(d)
27 - In Australian ballot towns,
supplementary petitions for municipal candidates whose original
petitions were defective must be filed no later than 5:00 p.m.
(Wednesday after the filing deadline). 17 V.S.A. § 2681(e)
27 - In Australian ballot towns,
candidates for municipal office must file a consent of candidate form
with the municipal clerk by 5:00 p.m. (Wednesday after the filing
deadline). 17 V.S.A. § 2681(a)
30 - Last day for town clerk in
municipality with fiscal year ending December 31 to publicly disclose
fees kept as compensation for that fiscal year. 24 V.S.A. § 1179
30 - Last day for U.S.
Congressional candidates to file FEC non-election year year-end
report. (July 1-Dec. 31). 2 U.S.C. § 434(a)(2)
31 - This is the
last day that the warning and notice for town meeting may be posted
(30 days before the election). 17 V.S.A. §§ 2521(a) and 2641(a)
31 - Checklist
must be posted in two or more public places in the town in addition to
being posted at the town clerk’s office in towns with population over
5,000. In towns with less than 5,000 population, the checklist must
only be posted in one place in addition to the clerk’s office. 17 V.S.A. §§
2141, 2521(a)
31 - (No sooner
than 30 days before polls open) First day for town clerk in towns with
at least 5,000 registered voters to direct two election officials to
open outer envelopes, sort, and check in absentee ballots. 17 V.S.A. §
2546(a)
31 - Last day to
mail W-2 Withholding Forms to employees.
31 - Last day to
file Form 941 (Quarterly Withholding Return) with the IRS.
February 2010
1 - Last day to
hold first public hearing on charter amendments if article is to be
voted at town meeting. First public hearing shall be at least 30 days
before the meeting. 17 V.S.A. §§ 2103(13), 2645(a)(3)
1 - Deadline for
tax collector to turn over monies collected and settle account with
treasurer. 24 V.S.A. § 1532
1 - Last day for
listers to file corrected grand list for preceding year in order to
render it valid. 32 V.S.A. § 4112
5 - (25 days
before Town Meeting) Auditors must meet by this date to examine and
adjust town finances. 24 V.S.A. § 1681
5 - (25 days
before Town Meeting) Town officers must settle accounts with auditors
to be eligible for re-election. 24 V.S.A. § 992
10 - First day
for legislative body to post warning for public informational hearing
(to be held on or after 2/20/10) on any public question to be voted by
Australian ballot at town meeting. 17 V.S.A. § 2680(g)
10 - Last day for
any municipality that has enacted special weight limits, which are
other than state legal limits for highways and bridges, to file
complete copy of the limitations with the Department of Motor
Vehicles. 23 V.S.A. § 1400b(a)
10 - Last day for
the legislative body to file with town clerk annual statement of
description and measurement of all Class 1, 2, 3 and 4 town highways
and trails then in existence, including special designations. 19 V.S.A.
§ 305(b)
10 - (Not later
than 20 days before election in towns using Australian ballot) In
Australian ballot towns, ballots for local offices and public quetions
shall be prepared by the town clerk and available. 17 V.S.A. §
2681a(a)
16 - (At least
two weeks before Town Meeting) Town clerk must have liquor ballots
printed if liquor issue is on Town Meeting agenda and if town does not
use Australian ballot. 7 V.S.A. §§ 161, 163
20 - First day
for legislative body to hold public informational hearing on any
public question to be voted by Australian ballot at town meeting. 17
V.S.A. § 2680(g)
20 - Last day for
legislative body to post warning for public informational hearing on
any public question to be voted by Australian ballot at Town Meeting.
17 V.S.A. § 2680(g).
20 - (At least 10
days before Town Meeting) Legislative body must mail or otherwise
distribute Town Meeting warning in annual town report by this date to
avoid publishing warning in newspaper. 17 V.S.A. § 2641(b)
20 - (At least 10
days before Town Meeting) Auditors’ report, or the findings of the
public accountant employed in accordance with 17 V.S.A. § 2651b, must
be distributed. 24 V.S.A. § 1682
20 - (Not later
than 10 days prior to the election) Last day for town clerk to post
sample ballots for municipal election in at least two public places
within the town and in or near the clerk’s office. 17 V.S.A. § 2522(a)
20 - Voting
machines must be tested using official ballots that are clearly marked
"test ballots" (at least 10 days before the election). 17 V.S.A. §
2493(b)
22 - (During the
eight days immediately preceding election day and on election day) In
towns using Australian ballot, town clerk must give each pair of
justices one part of the list of ill or physically disabled applicants
to be visited together with early or absentee voter ballots and
envelopes for each. 17 V.S.A. § 2538(b),(c)
22 - A local
candidate who has made expenditures or accepted contributions of $500
or more shall file a campaign finance report ten days prior to the
election. 17 V.S.A. §§ 2822, 2103(13)
24 - Last day,
until 5:00 p.m., to apply for addition to the checklist to vote at
town meeting. Town clerks’ offices must be open from 3:00 p.m. to 5:00
p.m. to accept applications. 17 V.S.A § 2144(a)
24 - Last day,
until 5:00 p.m., for people who are not eligible to register by this
date but who will be eligible by election day to file a written notice
of intent to apply with the town clerk and to request an early or
absentee ballot. 17 V.S.A. § 2144(b) and (c)
24 - Last day to
receive a request for an application for addition to the checklist
accompanying an early or absentee ballot request (by 5:00 p.m.). 17
V.S.A. § 2532(b) and (c)
25 - (10 days
before the election) Candidates for Town Meeting local election who
are spending more than $500 must file a campaign finance report with
officer with whom nominating papers were filed. 17 V.S.A. §§ 2822,
2103(13)
25 - (Five days
before Town Meeting) Treasurer must settle accounts with auditors. 24
V.S.A. § 1578
25 - Last day for
town clerk to forward to the board of civil authority a list of voters
added to the checklist (at least five days before town meeting). 17
V.S.A. § 2144b(d)
25 - Town meeting
warning must be published in newspaper by this date if town report has
not been distributed otherwise (five days before the meeting). 17
V.S.A. § 2641(b)
27 - Last day for
the board of civil authority to designate pairs of justices of the
peace, assuring a political balance in each pair, to deliver early or
absentee ballots to ill and physically disabled voters (not later than
three days prior to the election). 17 V.S.A. § 2538(a)
28 - (No sooner
than 48 hours before polls open) First day for town clerk in towns
with less than 5,000 registered voters to direct two election
officials to open outer envelopes, sort, and check absentee ballots.
17 V.S.A. § 2546(a)
The Municipal Calendar is provided by the
Vermont League of Cities and Towns/Chittenden Bank and the Secretary
of State's Office.
The Secretary of State's 2010
Elections Calendar is available
here.
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