1. Certain votes require two-thirds instead of a simple majority at Town Meeting. It’s a fairly short list: Tax stabilization agreements relating to commercial or industrial property (24 V.S.A. §2741(b)); and when Robert’s Rules requires two-thirds for procedural motions such as motions to suspend the rules, to rearrange articles, to cease or limit debate; to adopt special rules of order; to allow a nonresident to speak after a voter has objected, to close nominations; and to postpone to a time certain (17 V.S.A. §2658).

2. Articles that are "passed over" or "postponed indefinitely" can be voted on at a later meeting. When an article is "passed over" or "postponed indefinitely" it can be raised again only if it is warned as a new article at a subsequent special or annual meeting. Likewise if an article is "tabled" (it could be removed from the table during that meeting) it cannot be considered at a subsequent special or annual meeting without being warned as an article for the new meeting. Voters rely on the warning to know what will be discussed.

3. Candidate who dies before the election stays on the ballot. If a candidate whose name is printed on the ballot dies before the election, the name must be left on the ballot. However, in such a case it is appropriate for other candidates to mount a write-in campaign to fill the office. In the event that the deceased candidate wins, the office will be considered vacant and will be filled by the legislative body. In some cases, the family of the candidate who died may want to make it known to the public and encourage some others in the community to run for the office.

4. If the town fails to elect someone to serve in an office there is a vacancy that is filled by the legislative body or by special meeting. If no one is elected to a town or school office, then either the selectboard or the school board may appoint someone to fill the vacancy until the next election, or the legislative body may warn a special town or school meeting to have an election for the office. 24 V.S.A. §963; 16 V.S.A. §424 If voters are unhappy with a board appointment, the voters may submit a petition signed by at least 5% of the legal voters to ask the board to hold an election to fill the vacancy.

5. Vacancies must be filled by person who is legally qualified to serve. When the legislative body fills a vacancy the appointee must be a legally qualified person. This means they must meet all the statutory requirements to be elected to the position. For example, if a school board member resigns creating a vacancy, the school board must fill the vacancy with a person who is a legal voter in the school district. 16 V.S.A. §424, 558; 17 V.S.A. §2646. If a person who is not a legal voter is appointed it could jeopardize action take by the board. The chair of the school board or the chair of the selectboard should contact the town clerk to verify that a person is a legal voter before making an appointment.

6. There are some town offices for which there are no statutory qualifications. If the statutes creating the office are silent about qualifications, then the selectboard may appoint a non-resident. For some town boards, such as for library trustees, there are no residency requirements. For the planning commission the statute provides that at least a majority must be town residents. Therefore, the selectboard must check the statutory qualifications for each office before making an appointment.

7. The town clerk is responsible for preparation of Town Meeting minutes. 24 V.S.A.§1152. Even if the town clerk is not seeking re-election, it is the responsibility of the clerk whose term is ending to make a record of the town meeting. The record or minutes must be approved and attested to by any two of the following: moderator, a selectboard member or a justice of the peace. The clerk shall request approval within seven days after each town meeting and the clerk’s request shall be given prompt consideration.

8. Public question articles for Town Meeting must be worded as questions that can be answered with a Yes or No. 17 V.S.A. §2681a. There cannot be any "multiple choice" or "rate the following in order of preference" articles on a warning or on a ballot. If either a board or citizens want voters to indicate preferences from a list of options, then a survey could be prepared and placed outside the polling place (or be handed out to voters outside the polling place) or in towns with floor town meeting, the survey can be circulated and completed even inside the meeting hall.

9. Australian Ballot is not the same as a "paper ballot." People often confuse the terms "paper ballot" (or "written ballot") and "Australian ballot." The two are different. A written ballot is a paper ballot vote used at a traditional school district or town meeting when required by the statutes or when requested by at least seven voters. An Australian ballot vote refers to the practice of voting at designated polling places during designated polling hours (usually, 7 a.m.-7 p.m.) with printed ballots that are available 20 days prior to the school district or town meeting and 30 days prior to state primary or general elections for absentee voting.

10. Voters can petition for reconsideration of an article voted on at town meeting. A petition signed by at least five percent of the legal voters of the town or school district can be submitted to request reconsideration of an article within 30 days following the town or school meeting. Note that the law permits towns, by vote, to increase the number of signatures required for reconsideration to as much as 20 percent. 17 V.S.A.§ 2661(b). If a proper petition is submitted in a timely manner, the legislative body (selectboard or school board) must schedule and warn a special meeting to be held not later than 60 days after receipt of the petition to vote on the requested article. The law now requires that if there is a special meeting warned for reconsideration of an article, the number of votes cast in favor of reconsideration must exceed two-thirds of the number of votes cast for the prevailing side at the original meeting (unless the town already voted to increase or decrease the percentage). This 2007 amendment to state law was intended to prevent a very small number of voters at a special meeting reverse to the result on an article that was voted by a substantially greater number of voters at the annual meeting.

11. Election of officers may not be reconsidered. While 17 V.S.A. §2661 provides a method for reconsideration of public questions and budgets, the election of officers cannot be reconsidered by filing a petition with the legislative body. The only way to challenge or contest an election of an officer, is by filing a petition with the appropriate superior court. (17 V.S.A. §2603) The statute sets out that you must allege either errors sufficient to change the outcome of the election, fraud in the process sufficient to change the result, or that for any other reason the election is not valid.

12. Town officers take office at town meeting. Newly elected town officers take office on town meeting day. Some officials must take an oath before they officially take office. This can be done by the clerk at town meeting, or at any time thereafter. 17 V.S.A. § 2646. An official who is required to take an oath of office (by either swearing or affirming) and who refuses to do so may not take office, thereby creating a vacancy.

13. Union school officers take office on July 1st, except for moderator. "Union district officers elected at an annual meeting shall enter upon their duties on July 1 following their election and shall serve a term of one year or until their successors are elected and qualified, except that if the voters at an annual meeting so vote, moderators elected at an annual meeting shall assume office upon election and shall serve for a term of one year or until their successors are elected and qualified." The law also provides that school directors elected at an annual meeting shall assume office upon election and shall serve a term of three years or until their successors are elected and qualified. 16 V.S.A. § 706k.

14. Selectboard must elect chair and set regular meeting schedule. At its first meeting following Town Meeting the selectboard is required to elect a chair, and, if so voted, a clerk (of the board), and file a certificate of such election in the office of the town clerk. The board then adopts rules of procedure (Roberts Rules for small boards, or any other rules, including ones made up by the board) and sets the schedule for its regular meetings by resolution. The board should decide how the agenda for each meeting will be created. In some towns the chair prepares the agenda, but the best practice is to allow all members of the board a chance to propose items for the agenda. At its organizational meeting the board must appoint a legal voter to be the tree warden. The board may choose to appoint three fence viewers; a poundkeeper (who is not required to be a legal voter); one or more inspectors of lumber, shingles and wood; and one or more weighers of coal. 24 V.S.A. § 871 (as amended in 2008).

15. Only the selectboard (or town manager) can enter into contracts that bind the town. Insofar as the law gives the selectboard general oversight of town affairs it is the board that has authority to enter into binding contracts for the town. There are also a number of specific statutory provisions that make it clear that it is the selectboard’s role to contract for the town. The board can delegate this function to the town manager or to other employees in particular situations; however, a contract entered into by an official or employee of the town who is not authorized to do so will be void. Lakeside Equipment Corp. v. Town of Chester 172 Vt. 527 (2000); Courchesne v. Town of Weathersfield, 174 VT 453 (2003). 24 VSA § 872, 934, 1092, 1236, 2692.

16. Board may authorize chair or vice-chair to sign decisions or orders. Whenever any written decision or order issued by a board, commission, committee or authority of any municipality must be signed by the board, the law permits this decision or order to be signed by the chair or vice-chair on behalf of the issuing body. 24 V.S.A. § 1141. In order to take advantage of this law the board should vote at its organizational meeting, or at some other time, to authorize the chair or vice chair to sign on its behalf.

17. The selectboard may authorize one or more board members to act on behalf of the board to pay bills. The law permits the selectboard to vote to authorize one or more members of the board to examine and allow claims against the town for town expenses and draw orders for such claims to the party entitled to payment. The orders drawn by these board members should be specific about the purpose for which they are drawn and will authorize the treasurer to make the payments. The full selectboard must be provided with a record of orders drawn under this provision of law whenever orders are signed by less than a majority of the board. 24 V.S.A. § 1623.

18. Meeting minutes will authorize treasurer to pay bills. When the selectboard submits to the town treasurer a certified copy of the selectboard minutes, properly signed by the clerk and chair or by a majority of the board, showing to whom, and for what purpose payments are to be made by the treasurer, then the treasurer will have full authority to make the approved payments. 24 V.S.A. § 1623.

19. The town clerk controls town vault. 24 V.S.A. § 1178 makes it clear that the town must have a vault or safe for the records in the town clerk’s custody. Insofar as the town clerk is solely responsible for the care and preservation of the records of the town, the clerk is responsible for the security of the town vault, and it is up to him or her to control access to the vault. We generally recommend that the combination to the vault be given to the clerk’s assistant as well as to the local fire chief, police chief and/or the chair of the selectboard so that, in the event of an emergency, the appropriate personnel can ensure the security of the records.

20. The selectboard controls town buildings. The selectboard has control over the town buildings. This means that the board may decide how the various spaces are used, whether and when repairs are made, etc . . . However, because the clerk has control over the records of the town the clerk has total control over the town vault. In some towns the selectboard feels the office must be made available to other local officials at times that the clerk is not ordinarily there. In such instances the board must work with the clerk to ensure that all of the records in her custody and the equipment of the office are protected. This might mean getting locking file cabinets and to password protect programs on the town computer.

21. Not every local official must get paid. While some officers, like clerk, treasurer and tax collector have fees set out by statute, Vermont law states that unless compensation is fixed by law or by vote of the town or town school district, local officials cannot demand payment for their services to the town. However, the law provides that if an official makes a request for payment the auditors must report the claim as well as the nature and extent of the services at town meeting. 24 V.S.A. § 931.

22. Town or selectboard may set salary. A town may vote to compensate any or all town officers for their official services. 24 V.S.A. § 932. However, when a town does not set a salary or stipend for an officer (or for town employees) the selectboard may fix the salary. Note that they may not set their own salary – but the selectboard’s salary can be fixed by the auditors at the time of the annual town audit. Or, if the town has voted to eliminate the office of auditor and the voters fail to fix the compensation to be paid to members of the selectboard, selectboard members shall be compensated at the rate at which they were compensated during the immediately preceding year. 24 V.S.A. § 933.

23. Board may choose to rotate chair. In one town, no board member wished to serve as chair so the board members agreed to rotate the position. There is no law that would prevent this, although it might make sense not to rotate the chair from meeting to meeting since this might be confusing for the public and for town officers and employees who have to work with the board.