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VERMONT SECRETARY OF STATE - Jim Condos | |||||||
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| State of Vermont Office of the Secretary of State http://www.sec.state.vt.us Volume 4 Number 3 |
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Redstone Building |
Our phones have been ringing off the hook with people preparing for
Town Meeting. The questions mostly relate to warnings and notices and
decisions about where to hold the voting – the many technical issues that
govern our town meetings. But town meeting is more than just Roberts Rules
of Order and technicalities. It is the moment when the people of our towns
gather to visit and argue (and eat) and make some important decisions
about the town. How to spend money – on a new defibrillator for the rescue
squad - for new playground equipment for the park - or for renovating a
town building. We decide whether we want to give our local officials our
votes of confidence and install them for a new term or to give someone new
a chance to serve the town. To those of you who are newly elected this month, and to those of you who are veteran officials back to serve yet another term, we wish to welcome you. As you are called upon to do your jobs, please know that we are here to be of assistance. We can answer your questions and direct you to other resources that might be helpful to you and your towns. Here at the Secretary of State's Office we have assembled a great team to work with the municipalities in Vermont. We have three attorneys available to answer your questions - Deputy Secretary of State, Bill Dalton, Director of Elections and Campaign Finance, Kathy DeWolfe and myself. Call us at 1-800-439-8683! Check out our web site or call to order our free publications on topics including open meeting law, tax appeals, library and school district law, land use regulation and more – www.sec.state.vt.us! (Reprinted in part from March 1999) |
Message from the
Secretary March Calendar |
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Table of Contents | Past Issues of Opinions | Secretary of State's Homepage
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A Voice from the Past
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A moderator sits alone at the kitchen table the night before town meeting, blankly flipping through Robert’s Rules. The gavel, shiny with varnish, but showing its age, lies on its side next to the book. The moderator’s gaze shifts to the wooden hammer.
"Well, old friend, it’s time to go to work again."
Please address me with more formality.
"Yes, of course."
From the other room, a cat hears this exchange, thinks nothing of it, and goes back to sleep. More curious than amazed, the moderator decides to continue the discussion.
"May I ask a point of order?"
Certainly. State the nature of your point of order.
"How can a gavel speak?"
The gavel speaks with the authority of the law, the rules and the trust of the assembly. Do you wish to question the judgment of the gavel?
"No, I suppose not. I’m just surprised at hearing a voice coming from a gavel."
To be surprised is the point. To fear the gavel, to follow its commands, is the essential prerequisite of order.
"Why is it you have not spoken before now?"
The member is mistaken. The gavel speaks at every meeting, to bring the assembly to order and to adjourn. It also speaks through its silence, during the meeting.
"You do make quite a racket at the beginning of the day."
As well it should be. People need to be called to order. They are unruly by nature, particularly at town meeting. Some are angry over something that happened during the year or the condition of the roads. Some are sanguine, others irrational, or just nostalgic for the institution of town meeting. The gavel has to bring them together quickly into one body and hold them in that state for hours.
"It is a wonder people have the patience any more to sit that long."
People today are used to sitting. Years ago, it was more of a challenge to keep them in their seats.
"You’ve worked a good number of meetings, haven’t you?"
At every town meeting, there has been a gavel, or something to serve as a gavel-- a ball point pen, a coin or the butt end of an old horse pistol. Before the gavel there was the mace, which would rap the throne room into order when the king appeared.
"I’ve always thought the idea of a wooden hammer had some irony in it. You couldn’t drive a nail with it."
There is no irony in a gavel. It was not meant for driving nails. It is not a toy hammer. True, it is modeled on a mason’s setting maul, but it has its own identity. The tool is made as a gavel, out of cherry or cedar or other wood, and it sometimes comes with a sounding plate. For smaller meetings, a palm gavel may suffice. For large assemblies, the size of the head is increased. But for town meeting, a simple gavel will do.
"How hard a hit should be used?"
A modest strike will suffice. The sound carries nicely, and it is not unexpected by the assembly. Its handle will break if the pounding is too furious. Sometimes the head will split.
"I’d suppose that would be the best way for an old gavel to end its useful life."
The gavel may break, but another will soon take its place, for there is no meeting without order, and no order without some tool to keep everyone’s attention on the business at hand.
"You are all business, aren’t you."
As a gavel should be, and so a moderator. You should not be too familiar. Okay, you can wear your suspenders with the red flannel shirt, but in your dealings with the assembly, play it straight. No kidding around. Let the others get the laughs.
"What do you feel when you rap?"
The gavel feels nothing. Not anger, when a bully threatens or disrespect is shown in any form. Not a hint of satisfaction or disappointment at a vote or an election.
"It’s late, and I have to get some sleep."
The gavel never sleeps. It remains alert to every word that is spoken during the meeting.
"Yes, but I need my rest."
Motion to adjourn is in order. Without objection, you may go to bed.
The moderator pulls the covers up to his chin and looks at the ceiling. He closes his eyes. There is order.
Table of Contents | Past Issues of Opinions | Secretary of State's Homepage
Reminder: Attention all Town and City Clerks
Please inventory election supplies after town meeting.
Send your order for early absentee ballot envelopes and other election supplies for the PRIMARY AND GENERAL ELECTIONS as soon as possible to the Elections Division by Fax: (802) 828-5171 Or mail to: 26 Terrace Street, Montpelier, VT 05609-1101.
We expect that 30 to 40% of your checklist may choose to vote early, so please make sure that you order sufficient inside and outside early or absentee ballot envelopes.
Order forms are in Elections Perspectives 2000 and can be downloaded from our website at http://www.sec.state.vt.us.
Table of Contents | Past Issues of Opinions | Secretary of State's Homepage
Opinions of
Opinions
Opinions
Volume 4 Number 3 March 2002
1. The BCA Must Meet Regularly To Add Names To Checklist. The Board of Civil Authority is required by statute to meet "as often as necessary" and "as soon as possible after receipt of an application" to add names to the checklist and complete other election-related duties. 17 V.S.A. §2142 and §2146. Although it is the practice of many towns to wait until the week or two prior to each election to call a BCA meeting and add names to the checklist, the law states that names should be added as soon as possible after receipt of an application. At a minimum, towns that use Australian Ballot for election of officers should schedule a BCA meeting to add names in the week before petitions for local office are due. Otherwise a person waiting to be placed on the checklist will not be able to sign petitions.
2. Clerk May Add Names To Checklist With Town Vote. New Vermont law allows towns to vote to authorize the Town Clerk to add names to the checklist without a meeting of the Board of Civil Authority. We encourage Vermont towns to consider this alternative. 17 V.S.A.§ 2144b.
3. Name of Deceased Candidate Can Be Removed From Ballot. In towns using Australian ballots for election of local officers, if a candidate who has submitted a petition dies before the ballot is printed, the town clerk can remove the name from the ballot. If this results in no candidates on the ballot running for that office the office can be filled by write-in vote or appointment. In order to be elected by write-in ballot a person must receive at least 30 write-in votes or 1% of the checklist (whichever is less). If no write-in candidate receives enough votes, then the selectboard must appoint to fill the vacancy until the next election. 17 V.S.A.§282(c) and 24 V.S.A.§963.
4. Clerk Must Announce Printing Deadline For Ballots. In towns using Australian ballots for election of local officers, the Town Clerk must publicly announce the printing deadline for the ballots. 17 V.S.A. §2412. If a candidate submits a withdrawal after the withdrawal deadline, but before the printing deadline that was announced, the town clerk should notify the printer to remove the name from the ballot.
5. Candidate Refusal of Office Creates Vacancy. If a candidate decides to withdraw and informs the clerk of the withdrawal after the ballots have been sent to the printer, the candidate’s name will remain on the ballot. The candidate can publicly announce his or her withdrawal and can encourage voters to make a different choice. If elected, the candidate can resign and the selectboard then fills the vacancy until the next election. 24 V.S.A. § 962, 963.
6. Vacancies Are Only Filled Until The Next Election. When a person is appointed to fill a vacancy the individual does not serve the remainder of the term. Rather, state law provides that vacancies are filled only until the next election. 24 V.S.A. § 962, 963.
7. Selectboard Does Not Have To Appoint Next Highest Vote-Getter To Fill Vacancy. The selectboard has complete discretion when filling a vacancy. Some boards choose to take applications and hold interviews before making an appointment decision, and others decide who they want to appoint and then ask if that individual is willing to serve. No law requires a formal process or requires the board to consider the next highest vote-getter (in the event there had been a contested race for the office.) 24 V.S.A. § 962, 963. If the voters do not like the selectboard’s choice they can petition for a special election so that the voters can fill the vacancy.
8. Person Appointed To Fill Vacancy Must Be Legally Qualified For Office. When the Selectboard fills a vacancy in a public office the person appointed must meet all the statutory requirements to be elected to the position. For example, if a school board member resigns creating a vacancy, the selectboard, with the advice of the school board, must fill the vacancy with a person who is a legal voter in the school district. 16 V.S.A.§558. For some boards, the statutes allow certain members to live out of town (see planning commission.) Other offices do not include a residency requirement. For this reason the selectboard needs to check on the qualifications for each position before making an appointment.
9. Nonresidents Can Serve In Some Local Offices. Most town officers are required by law to be legal voters in the town. 17 V.S.A.§2646. Some positions do not include statutory requirements for residency. These include zoning and planning commissioners and library trustees. Also, there is no requirement that assistant clerks or assistant treasurers be Town residents.
10. Town Clerk Is Responsible for Preparation of Town Meeting Minutes. Vermont law makes the town clerk responsible for taking minutes at the annual meeting. When the Town Clerk is not seeking re-election, it is still his or her responsibility to make a record of the town meeting. 24 V.S.A.§1152.
11. Two Officials Must Approve Town Meeting Minutes. The record or minutes of the annual town meeting must be approved and attested to by any two of the following: moderator, selectboard or justices of the peace. The clerk must request this approval within seven days after each town meeting and his or her request must be given prompt consideration. 24 V.S.A.§1152.
12. School Meeting Minutes Must Be Taken And Approved. Although the law is not explicit, it is the opinion of this office that minutes of the annual school meeting must be treated like the annual town meeting minutes. The Clerk of the School District is responsible for taking the minutes, and these minutes must be approved within seven days after the meeting by two individuals - the moderator, a member of the school board and/or a justice of the peace.
13. Public Question Articles for Town Meeting must be worded as questions that can be answered with a Yes or No. The Selectboard should reword all articles - even petitioned articles - to fit into a Yes or No format. For example, the proposed article, "Shall the Town elect a road commissioner by ballot or have the selectboard appoint a road foreman?," must be reworded to: "Shall the Town elect a road commissioner by ballot?" This can then be either voted from the floor or placed on a ballot as a Yes or No question. 17 V.S.A. §2681a. This rewording is permissible even with petitioned article because it does not change the effect of the petition. If the reworded article is voted Yes, a road commissioner will be elected in the future. If voted No, the statute provides that the Selectboard appoints. 17 V.S.A.§ 2646(17).
14. Town Clerk Can Reword Article To Make Yes/No. In Towns voting by Australian ballot, if the public question has not been worded as a yes/ no question by the Selectboard, the Town Clerk must reword the articles for the ballot. This is because the law requires Australian ballot questions to be put to the voters as
yes/no questions. 17 V.S.A. §2681a(a). The Town Clerk cannot make any changes that would alter the meaning of the article or make discretionary changes to an article to "improve the vocabulary" of the article.
15. Motion To Reconsider Must Be Made Before Consideration Of Next Article. If a voter wishes to move for reconsideration of an article during Town Meeting, the voter must make the motion BEFORE consideration of the next article on the warning. 17 V.S.A.§2661(a). After the motion has been made to begin consideration of the next article, it is too late to seek reconsideration during the meeting.
16. Articles Can Be Reconsidered After The Meeting By Petition. A petition signed by 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. 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.
17. Minutes Only Reflect Individual Vote If Roll Call. Minutes of board meetings do not need to reflect which board members have voted in favor of or in opposition to a motion, unless a board member requests a roll call vote. 1 V.S.A. §312(b)(1)(D). If a roll call is requested, the public meeting law requires that the minutes indicate how each board member voted on the motion. Note that whether or not the vote was a roll call vote, members of the board or public who attended the meeting can make public how particular members had voted on a particular issue. Indeed, a board member’s voting record may be a factor for town voters in deciding whether to reelect a particular candidate.
18. Failure To Make Required Reports Will Not Invalidate The Annual Meeting. The fact that a school board has failed to meet the requirements of 16 V.S.A. §563(10) to prepare and distribute, not less than ten days prior to the district’s annual meeting, a variety of reports, including summary reports of audited fiscal years and a notice of where the full reports may be inspected and copied will not invalidate the annual school district meeting. So long as the meeting was properly warned and noticed, and the business of the meeting is lawful, the meeting is legal and binding. Note however, the failure of the board to meet its requirements under the law should be a subject of discussion in the meeting and should be a factor that voters consider when deciding on how to vote on the budget, election of officers, etc . .
19. Town Cannot Vote To Merge Offices Of Town Clerk and Treasurer. In one town the voters petitioned an article "Shall the Town combine the positions of Town Clerk andTown Treasurer such that one person shall be responsible for the duties of both offices?" Because state law explicitly requires the election of a clerk and a treasurer – and establishes two separate offices with separate duties, this article is not legal. A town could elect one person to fill both roles - but no law permits merger of the two offices.
20. Votes Of Ineligible Board Member Are Void. One town mistakenly appointed a Canadian citizen to fill a vacancy on the school board. Because this school director was ineligible to serve (she needed to be a voter of the town) her votes are void. To cure any problems this might create the board should vote to ratify all past actions of the board.
*** Federal law requires that each Board of Civil Authority respond to our request for information about polling place accessibility in your Town or City. As of mid February we are still waiting for the information from 59 Towns or Cities. We have mailed a second copy of the survey to these towns. Please review your polling places and return the survey to us by March 15. If the polling places in your town are not accessible, you must include an explanation of why you cannot move the polling places to accessible locations.
Table of Contents | Past Issues of Opinions | Secretary of State's Homepage
Is your town disaster-ready?
By: Dennis Smith
Chief of Policy and Planning, VT Emergency Management
As the national tragedy this past September made abundantly clear, in the event of a disaster ordinary people are often called upon to perform extraordinary deeds. This maxim is borne out not just in response to catastrophic disasters. On a more frequent basis, in each and every one of our communities local fire, EMS, law enforcement and town officials must be prepared to manage events ranging from motor vehicle accidents to flooding.
To help better prepare these extraordinary Vermonters to respond to and to recover from disaster events, Vermont Emergency Management has developed a training course entitled Local Emergency Management Directors Program. The course outlines the role and responsibilities of the local emergency management director, as well as state and federal disaster assistance personnel.
The course is being offered in partnership with Vermont’s Regional Planning Commissions, and will be presented statewide at twelve locations in March of 2002. More information on the course schedule and content is available on the Vermont Emergency Management website, www.dps.state.vt.us/vem, or by contacting Robert Schell, Chief of Field Operations, at 800-347-0488.
After the Meeting
A Checklist
1. FINISH THE MINUTES: The Town Clerk is obliged to prepare the minutes of town meeting and have them approved by two people from among the following officers-selectboard member, moderator, or justices of the peace. This must be done within seven days of the meeting. 24 V.S.A. § 1152.
2. GET ORGANIZED: "Forthwith," the statute announces, the selectboard must meet, elect a chair, a clerk (of the board), and let the town clerk know your decision. At this meeting, you will also need to appoint three fence viewers, a poundkeeper, inspectors of lumber, shingles and wood, weighers of coal, and a tree warden. 24 V.S.A. § 871. The same process should be followed by any board, including auditors, listers, the board of civil authority, the board for abatement of taxes, planning commission, and zoning board of adjustment, and any others. Take up the issue at your first meeting, elect a chair, set your regular meeting schedule and let the town clerk know about it.
3. SETTLE: Immediately after town meeting, if not before, auditors need to "settle" with former town officers. If a new delinquent tax collector has been elected, for instance, the former DTC must pay over all funds collected to date and make a complete accounting of the taxes still owed. 24 V.S.A. § 1578. All papers in the collector's hands are also to be turned over to the successor collector.
4. GET SWORN: Town clerks, select board members, constables, listers, grand jurors and fence viewers and the school board must be sworn in before taking office. 24 V.S.A. § 831. See the town clerk for forms, or look at the oath in Chapter II, Section 56 of the Vermont Constitution, in the first volume of Vermont reports.
5. GET BONDED: School directors, constables, road commissioners, collectors of taxes, treasurers, and town clerk must be bonded before taking office. 24 V.S.A. § 832. The selectboard sets the amount. This is usually done through your insurance company. The town or school district pays for the bonds, not the officers. 24 V.S.A. § 835.
6. TELL WHO WAS ELECTED: Newly elected town clerks must file the certificate of their election with the county clerk, signed by the moderator of the meeting, within five days of the election. File a copy of your oath of office as well. 24 V.S.A. § 1151. The clerk should also write the state treasurer to tell him the name of the new town treasurer. 24 V.S.A. § 1166. Actually, this must be done before July 1, but why not do it now and get it out of the way? Within five days of town meeting, the clerk should also send each lister's name, mailing address, and length of term to the commissioner of taxes. 24 V.S.A. § 1168. Send the name and address of the constable to the county clerk. 24 V.S.A. § 1169.
7. APPOINT ASSISTANTS: Town clerks and treasurers must have assistants. They should be appointed following the beginning of each new term, and the appointment recorded. 24 V.S.A. §§ 1170, 1573. Send the county clerk a copy of the appointment of the assistant town clerk and of the assistant's subscribed oath. 24 V.S.A. § 1172.
8. LEARN THE OPEN MEETING AND PUBLIC RECORDS LAWS: Read them. They are found back to back in the first volume of the Vermont Statutes Annotated, at 1 V.S.A. §§ 310-320. Everything is open unless you can find a reason to close it in these laws. Don't meet with a quorum of your board without public notice. That's against the law. See the Pocket Guide To The Open Meetings Law on our Website for details.
9. LEARN HOW TO ASK FOR HELP: Everybody helps everybody in Vermont. Call those who held the office before you. Call those who hold the same office but in another town. Call us. Call the League of Cities and Towns. Call state offices. There's no reason not to ask for help. Everything is complicated at first.
10. LEARN HOW TO DEAL WITH THE PUBLIC: You are a public officer. That means you are available to help, answer questions, find official paperwork, and anything else people ask of you. There are limits, of course. You don't need to be abused. But as long as the public remains civil, you should try to help.
VERMONT NOTARY CONFERENCE 2002
MONDAY, APRIL 29 6:30-9:00 pm
RUTLAND SUPERIOR COURTHOUSE
83 CENTER STREET
RUTLAND, VT
TUESDAY, APRIL 30 6:30-9:00 pm
CONTOIS AUDITORIUM, BURLINGTON CITY HALL
149 CHURCH STREET
BURLINGTON, VT
WEDNESDAY, MAY 1 6:30-9:00 pm
PAVILION AUDITORIUM, PAVILION BUILDING
109 STATE STREET
MONTPELIER, VT
MONDAY, MAY 13 9:00-11:30 am
CONTOIS AUDITORIUM, BURLINGTON CITY HALL
149 CHURCH STREET
BURLINGTON, VT
TUESDAY, MAY 14 6:30-9:00 pm
BRATTLEBORO MUNICIPAL CENTER
230 MAIN STREET
BRATTLEBORO, VT
WEDNESDAY, MAY 15 9:00-11:30 am
CYPRIAN LEARNING CENTER
HAZEN’S NOTCH ROOM
103 SOUTH MAIN STREET
WATERBURY, VT
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Secretary of State's Homepage
Prior to day of election Board of
Civil Authority must appoint Assistant
Election officers for Town Meeting.
17: V.S.A 2455
Tuesday, March 5
TOWN MEETING DAY!
Wednesday, March 6
(No later than 24 hours after polls close) Presiding officer and one other Election Official shall transfer the totals from the summary sheets to the return and both sign the return. 17 V.S.A 2588
Sunday, March 10
( Within 5 days of Town Meeting) Town Clerk, must certify financial actions of Town Meeting to Treasurer and to Chair of Selectboard. 24 V.S.A 1167
Monday, March 11
(Within six days after Town Meeting) Town Clerk is to report to the Director of Property Valuation on method adopted at Town Meeting for collection of taxes. 32 V.S.A. 5167
Tuesday, March 12
(Within seven days after election) Last day for Selectboard or Town Clerk to warn a run-off election if there was a tie vote for any Australian Ballot race at Town Meeting. 17 V.S.A. 2682 (e)
Friday, March 15
(Within 10 days after election) Last day for a defeated candidate requesting recount of an election voted by Australian ballot to file a petition with the Town Clerk. 17 V.S.A. 2683
Friday, March 15
(within 10 days after election) Deadline for a voter to file a request for a recount with the Town Clerk of any issue voted by Australian Ballot. 17:V.S.A. 688
Friday, March 15
(within 10 days after Town Meeting) Last day for Town Clerk to certify result of voting if vote was required before an act of the General Assembly takes place. 17 V.S.A. 2663
Friday, March 15
Last Day for candidates for Town Meeting local election who are spending more than $500 to file second campaign finance report with officer with whom nominating papers were filed. 17 V.S.A 2822
Wednesday, March 20
(within 15 days after an election) Last day a voter contesting any Australian ballot vote can file complaint with Superior Court.
12 V.S.A. 2682(e)
Wednesday, March 27
(15 days after warning of the run-off election) First day a run-off election may be held.
17 V.S.A. 2682(e)
Looking Ahead to April
Monday, April 1
Last day for town clerk to furnish Listers with
Transfer book for preceding 12 month period
32 V.S.A. 3485 (a)
Wednesday, April 3
(22 days after warning, warning within 7 days after
Election) Last day a run-off election may be held
17 V.S.A. 2682 (e)
Thursday, April 4
(within 30 days of Town Meeting) Last day Legislative Body can
Accept a petition signed by 5% of the registered voters requesting
Reconsideration or rescission of a Town Meeting article. 17 V.S.A. 2661(b)
Saturday, April 20
Last day for return of personal property inventories to Listers. 32 V.S.A. 4004
Tuesday, April 30
Last day for Listers to receive application for tax exemption due
To disabled veteran status. 32 V.S.A. 3802 (11)
Tuesday, April 30
Last day to file Form 941 (quarterly withholding return) with the IRS.
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