1. Town Must Turn Over Tax Sale Profit To Delinquent Taxpayer. When a town conducts a tax sale and receives more than the taxes, penalty, interest, collection fees and legal fees owed, the town must turn over the excess funds to the delinquent taxpayer at the time the property is not redeemed. In addition, if the town purchases property at tax sale and later sells the property for a profit, the town is still required to turn over to the taxpayer all excess funds it receives (minus all costs to the town including lost taxes on the property while it was owned by the town, any maintenance costs and the costs of the sale.) The Vermont Supreme Court has held that the town cannot be unjustly enriched or profit from the tax sale. Bogie v. Town of Barnet et al., 129 Vt. 46 (1970).

2. Voters Can Petition For Vote To Disapprove Ordinance. Vermont law permits 5% of the legal voters to petition the Selectboard for a vote to disapprove an ordinance adopted by the board. The petition must be submitted within 44 days after the ordinance has been adopted. 24 V.S.A. §1973.

3. Vote To Disapprove Ordinance Must Be By Australian Ballot. It is our opinion that the vote to disapprove an ordinance adopted by the Selectboard must be by Australian ballot. Although chapter 59 of Title 24 does not specifically mention "Australian ballot", subsection 1973(d) requires that "not less than two copies of the ordinance shall be posted at each polling place during the hours of voting." This language clearly contemplates that the referendum will be by Australian ballot.

4. Voters May Not Petition For Adoption Of Ordinance – Except For Ethics Ordinances. Because the law specifically provides that it is the legislative body that has the authority to adopt ordinances, voters may not initiate the adoption of an ordinance by petitioning the Selectboard for a vote on a proposed ordinance. 24 V.S.A. § 1972. The only exception to this rule is with the adoption of ethics ordinances. The legislature has specifically empowered voters to initiate such local legislation. 24 V.S.A. § 1984.

5. Deliberations Of Board Exempt From Open Meeting Law. A deliberative session can be used by a board at the end of a quasi-judicial proceeding to discuss the merits of the application, weigh the evidence, and arrive at the points that the board wants to address in its written decision. 1 V.S.A.§312(e). Deliberative sessions are totally exempt from the Open Meetings Law so that a board does not have to warn the session, and the decision of the board does not need to be adopted in open session so long as the decision is in writing and is a public record. 1 V.S.A. 312(f). Applications for site plan approval (planning commission), requests for variances (zoning board of adjustment), and requests for a curb cut or driveway permit (selectboard) are examples of quasi-judicial hearings. On the other hand, a hearing on adoption of a zoning by-law is a legislative type proceeding and deliberative sessions cannot be used.

6. Charges Against Police Officer Requires Formal Response. If the legislative body (Selectboard or city council) receives a written petition signed by one or more citizens alleging that a police officer has become negligent or derelict in his official duty or is guilty of conduct unbecoming an officer, the legislative body must set a date for a hearing on the complaint. 24 V.S.A. §1932. However, the petition or complaint must be specific in its allegations and state with particularity the charges against the officer before a hearing will be required. The statute also sets out the details of the procedural requirements for the hearing and for procedural options for the officer.

7. A person must be a United States citizen, in order to register to vote and be added to a checklist in Vermont. 24 V.S.A. § 2121. It is not enough that Canadian or any other foreign citizens own property in town, or pay taxes, or have applied for U.S. citizenship. Before a person is eligible to vote in Vermont he or she must have been granted U.S. citizenship. Beware that it is not sufficient to assume that a person who has lived in a town for most of his or her life is a citizen. Our most recent printing of Applications for the checklist contains a box that must be checked by the voter to affirm that he or she is a citizen. If you are using old forms, please make sure that you do not suggest that a person submit an application to the checklist if the person is not a citizen. Note also that a person who has a "green card" is not a citizen.

8. Lister/Justice May Not Participate in Tax Appeals. There is no law that would prohibit a lister from also serving as a justice of the peace. However, a person who holds both offices cannot participate in tax appeal hearings. The lister/justice cannot sit on the BCA for the purpose of tax appeals because the appeal is from the lister’s determination of value. The lister/justice may, however, take an active role in election duties, except when the person is in a contested race for his lister office.

9. The Constitutional qualifications for residency for County officers are not clear. The Vermont Constitution does not clearly require that county officers live in the county in which they are elected. Nevertheless, our conservative advice is that a person should be a legal voter of the county at the time of election. Chapter II, Article 50 states that the county officers "shall be elected by the voters of their respective districts as established by law." No additional requirements exist in the statutes.

10. Australian Ballot Required For Re-Vote Of Australian Ballot Budget. When a school district has previously voted to adopt its budget by Australian ballot, and the budget is rejected at an Australian ballot election, the School Board shall prepare a revised budget, and shall establish a date for another Australian ballot vote on the revised budget. 17 V.S.A.§2680(c). In one town the voters elected to discontinue the use of Australian ballot for budget votes at the same meeting they voted down the budget. Despite this vote we believe that the law contemplates that the Australian ballot be used until the budget is passed. It is at the next annual meeting that the budget should begin to be voted by floor vote.

12. If No One Is Elected At Town Meeting There Is A Vacancy For The Selectboard To fill. At a Town Meeting in a Town that does NOT use Australian ballot for election of town officers, if no one is nominated from the floor, the office remains vacant and the Selectboard must appoint until an election is had. The Selectboard or Moderator cannot "force" the town meeting to keep nominating until someone accepts the nomination by stating that the next article will not be considered until the election has been had. If there are no nominations for an office, the Selectboard appoints until the next election. If at a later date members of the public become interested in the office, 5% of the legal voters can always petition for a special election. 24 V.S.A. § 962.

13. The Selectboard Can Appoint Without First Posting Notice. The law requires the Selectboard to post notice of a vacancy in 3 public places in the town (including the clerk’s office) within 10 days of the vacancy. 24 V.S.A. § 961. Notwithstanding this provision of law the board is free to appoint someone to fill the vacancy immediately, without taking applications. That is because the notice is not meant to serve as a call for applications, but rather as notice to the public so that they can petition for a special election to fill the office. 24 V.S.A. § 962, 963.

14. A town employee cannot request that his paycheck be made out to his spouse. A paycheck must be made out to the employee directly. The only exception to this rule is for legal garnishments where there is a court order to redirect a part of the paycheck to another person or state or federal agency.

15. Poundkeeper Can Be Nonresident. The poundkeeper cares for animals that are impounded by the town. He or she is appointed by the Selectboard, and can be a nonresident. 24 V.S.A. § 871(2). While all towns are required to maintain a pound, it is possible to use a pound in an adjacent town with the consent of that town.

16. Animal Owner May Sue Poundkeeper For Lack Of Care. Vermont law requires the poundkeeper to supply the animal in his or her care with food and water. If an animal is not given sufficient food and water and is harmed the poundkeeper may be liable to the owners. 20 V.S.A. § 3412.

17. Unclaimed Animals May Be Sold. If the owner of an impounded animal does not claim the animal the poundkeeper may sell the animal after giving the owner 48 hours notice, if the owner is known, or if the owner is unknown, by posting notices within the town and adjoining towns describing the animal and the time and place where it is impounded. The animal may be sold thirty days after this notice is completed. 20 V.S.A. 3421. Note that any proceeds from the sale, in excess of the expenses of impounding, advertising and selling the animal, and paying for any damages caused by the animal must be kept by the town treasurer to pay to the animal’s former owner if the owner requests the payment within one year of the sale. 20 V.S.A. § 3422.

18. Dog Owners Must Pay 50% Penalty For Late License. Vermont law requires all dog and wolf-hybrid owners (where the animal is more than six months old) to license their animals annually on or before April 1. These licenses cost $4.00 for each neutered dog or wolf-hybrid, and $8.00 for each un-neutered dog or wolf-hybrid. If the license fee for any dog or wolf-hybrid is not paid by April 1, the owner must pay an additional fee of fifty percent in excess of that otherwise required. 20 V.S.A. § 3581.

19. Animal Control Officer or Constable May Impound Dog Running At Large. The Selectboard may adopt an animal control ordinance that regulates the keeping of dogs and wolf-hybrids and their running at large. 20 V.S.A. § 3549. This ordinance may prohibit animals from running at large. Even without such an ordinance, because of concern over exposure to rabies, if the animal control officer knows who owns a dog, it may nevertheless impound the animal and require the owner identify and provide proof of registration (and that it has a current rabies certificate.) The owner can be charged the costs of impoundment and any damages that may have been caused by the animal

19. Selectboard can Warn Meeting To Vote On Special Appropriations. The Selectboard has the authority to warn a special meeting at any time - for any purpose they wish. This means that if appropriations for social service agencies were voted down at town meeting, the board could put the issue to the voters again at a special meeting.

20. Voted Special Appropriation Can Be Paid As Cash Flow Permits. When the voters at town meeting vote to pay an appropriation to a social service agency or other non-municipal entity that agency is absolutely entitled to payment as voted by the electorate. If no date of payment is provided, so long as payment is made within the budget year the Selectboard can exercise its discretion as to the timing. It is therefore not unreasonable for the board to wait until after the tax due date to pay out these appropriations.

21. Salaries Voted At Town Meeting Generally Don’t Go Into Effect Until The Next Budget Year. The budget voted at town meeting does not go into effect until the town enters its new fiscal year (usually July 1^st, but in some towns - January 1^st.) This means that any salary increased voted at town meeting will not be effective until the new fiscal year begins unless the vote made those increases retroactive by specifying when they were to become effective.

22. New Board Members On Expanded Board May Be Elected At Special Meeting. One school district voted to expand its board from three to five members. The district was meeting again to revote the budget. So long as the new vote was warned as a special meeting (and not with the shortened 7 days notice permitted when the budget is voted by Australian ballot, or for union or incorporated school district budget re-votes,) the meeting can also include the election of additional members to the board. 16 V.S.A. § 423(b). In such a case the term of those elected for one year shall expire on the next annual meeting day and those elected for two years shall expire on the second annual meeting day following their election. Note that in one case the district specified that the new members were to be elected at the next annual meeting. In this case the provisions of 423(b) will not apply and the district will have to wait until the next meeting to elected the additional board members.

23. School Budget Revote Is Warned By The District. Although the district meeting may have been held jointly with the town, the town Selectboard has no role in warning or holding a revote on a school budget. Rather, it is the school board that warns the new meeting. 16 V.S.A. § 422.

24. Selectboard Member May Serve As Road Commissioner. It is legally permissible – and common in practice – for a person to serve as both road commissioner and as a Selectboard member. The road commissioner does not have any independent authority – and only does what the Selectboard has delegated to him or her. For this reason it is often convenient for the commissioner to also serve on the board. Note, however, that if the road commissioner receives payment for his or her services, that board member should not participate in decisions about salary and benefits.