1. Budget committee is appointed by and serves at the pleasure of the selectboard. Under state statutes it is the responsibility of the legislative body (selectboard or school board) to prepare and propose a budget to the town. A legislative body can appoint a budget committee and establish 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. Note that there is no statutory authority for a town to elect a budget committee unless the town has a governance charter that establishes such a group.

2. Budget committee requires public meeting. 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.

3. 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.

4. Social service agencies that serve the community may request special appropriations from the town. 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.)

6. More than once 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. Also, during the floor meeting voters can move to divide the question if they wish to discuss each appropriation separately.

7. A majority of the selectboard must concur in order for a motion to pass. A selectboard must have a majority of the full board vote in favor of a motion in order to pass the motion even if some members of the board are absent or have recused themselves. 1 V.S.A. §172. For example, if you have a five member selectboard, at least three members must vote in favor of a motion for it to pass. If only three members are present and voting, then all three members must vote in favor of the motion in order to take action.

8. Quorum for school board differs from the rules that apply to town boards. School boards operate under a special statute, 16 V.S.A. §554, that changes the general rule for board voting. A school board needs a quorum (majority of the board) to be present, but then only requires the majority of those present to vote in favor of a motion for the motion to pass. For example, on a union high school board composed of 15 total members, if only nine members are present at a meeting, only five members need to vote in favor of a motion for it to pass.

9. Advisory board does not have to follow quorum rules. Vermont’s quorum rule can be found in 1 V.S.A. §172. This 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." Because an advisory board is not given any authority – rather, by definition it is only providing a recommendation to the board who has the authority to act – this quorum requirement will not apply. This means that unless the board who creates the advisory committee instructs otherwise, no quorum rule will apply.

10. Board cannot eject member from executive session. In one town a dissenting member of the board routinely informed public and press about what was discussed during their executive session. The board cannot prevent this from occurring. Although the board can publicly express its displeasure, the law does not permit the board to exclude or eject one of its members from a meeting. 1 V.S.A. § 313(b)

12. Town auditors must prepare the town report and have it mailed or otherwise distributed at least 10 days prior to town meeting. 24 V.S.A. §1682(a). 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 at least ten days prior to Town Meeting.

13. Town Meeting warning must be published if it is not mailed or distributed to 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).

14. 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.

15. Town should not plow private roads unless it is prepared to plow them all. The recommendation that towns not get in the habit of plowing private roads comes from the rule found in our constitution that public resources may not be used for private benefit. While it is tempting to plow private roads as a courtesy for certain residents, it is important for towns to make a consistent policy so that all residents are treated equally. An exception to this rule is when there is a unique health or safety reason to do so – for example, when it is necessary to plow a private road because the school bus needs it for a turn-around. Also note that a town that maintains private roads over a period of time may be deemed to have acquired the road through "dedication and acceptance."

16. Resident may not put up fence in right of way. In one town a resident was unhappy that the school bus used her road as a turn around so she 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.

17. The selectboard may construct snow fence to prevent obstruction of highway. When the selectboard determines that 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.

18. 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.

19. Voters can reduce the size of a board. The voters can vote to rescind a previous action to increase the school board directors in order to reduce the number of school board members from five members to three 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.

20. Voters can choose to go back to electing officers on the floor. 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 the next Town Meeting.

21. Campaign finance rules 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. Copies of the Guide and all necessary forms are also on our website: http://www.sec.state.vt.us.