1.  Voters May Create Smaller Schoolboard. Vermont law permits voters to rescind a previous action to increase the size of the schoolboard. Such a vote would require a five-member schoolboard to be changed back to a three-member board. 16 V.S.A.§423(a). To do this, the warning of an annual or special school district meeting must 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 schoolboard 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 by Australian ballot.

2.  Voters May Elect to Go Back to Paper Ballots for the Election of Officers. When a town or school district has voted to elect officers by Australian ballot the voters may decide to return to paper ballots and voice votes for election of officers. To make the change, an article must be placed on the warning that says: "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. In order to change the method of voting for the upcoming Annual Town Meeting, this article must be voted at a special meeting before Town Meeting. In the alternative, this article can be voted at Town Meeting this year with the change in voting method to take place at the 2003 Town Meeting.

3.  Petitions to Place Items On Ballot Must Be Submitted Early. Vermont law requires the selectboard to place petitioned articles on the ballot when the petition, containing signatures of 5% of the voters and has been received by the Selectboard or the Schoolboard at least 40 days prior to Town Meeting. 17 V.S.A.§2642(a).

4. Selectboard May Reject Petitions If Outside Authority of the Voter. The selectboard does not have to place every petitioned article on the warning – only those that involve issues that Vermont law permits the voters or electorate to decide. Proposed articles that involve action that is specifically delegated to the selectboard, schoolboard or other local board or elected official may be rejected. It is in the board’s discretion to put "advisory" articles on the warning, or to reject such articles. It is wise to consider whether the board will follow the "advice" of the voters on an advisory article, before adding it to the warning. It can be very frustrating to voters to vote on an issue at town meeting and then find that the board is not going to follow the advice of the vote.

5. There Is No Recall Of Public Officials In Vermont. Rural myths persist that voters can use a petition with 5% of the legal voters of town signature to call a special meeting to vote a public official out of office. This is not true. Vacancies in a municipal office in Vermont can only be created by resignation, death, or "removing from town." 24 V.S.A. §961.

6. The Board Of Abatement Exercises Discretion When Deciding Whether To Abate Taxes In Vermont. 24 V.S.A.§1535 sets out a number of circumstances in which a board of abatement may choose to abate the taxes of a property owner. The statute does not require abatement under any circumstances, and the courts have affirmed the board’s right to exercise discretion in these matters. Abatement is meant to be an equitable remedy, used only in the most unusual cases. If a taxpayer has intentionally destroyed a building on the parcel, the board can takes these facts into consideration as it makes its decision.

7.  There is No Time Limit On Abatement. The Board of Abatement’s job is to exercise its discretion in order to be fair to taxpayers and to cure injustices. This means that if a taxpayer only now catches a listing error that began six years ago, the board is free to abate all six years of the tax that was paid as the result of the error.

8.  Board May Abate Mistake During Any Part of Tax Assessment Process. Vermont law permits abatement when there has been a manifest error or a mistake of the listers – at any point in the process. This means that if a typographical error was made when typing the grand list or the tax bills, abatement can fix the problem. If the listers make a mistake when the grand list is lodged, the error can be fixed by abatement. Note, however, the board should not abate errors of the taxpayer ("I made an error in the zip code when I sent my tax payment so my payment was late.")

9.  Municipal Fiscal Year Ends Dec 31 Unless Voted Otherwise. The fiscal year of other municipalities shall end on December 31, unless the municipality votes at an annual or special meeting duly warned for that purpose to have a different fiscal year, in which case the fiscal year so voted shall remain in effect until amended. 24 V.S.A. § 1683.

10. The Town Report Must Be Distributed At Least 10 Days Prior To Town Meeting. It is the responsibility of the town board of auditors to prepare an annual town report. The law requires that this report be mailed or distributed to the voters of the town at least ten 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.

11. Town Auditors Must Meet To Examine Financial Records. Vermont law requires town auditors to meet at least twenty-five days before each annual town meeting to examine and adjust the accounts of all town and town school district officers. Notice of this meeting must be posted or published ten days in advance of the meeting. 24 V.S.A. § 1681.

12. Town Officers Must Open Books To Auditors. Vermont law requires town officials to work with the auditors to ensure an accurate audit and report on the town’s fiscal health. The law provides that any town officer who "wilfully refuses or neglects to submit his or her books, accounts, vouchers or tax bills to the auditors or the public accountant upon request, or to furnish all necessary information in relation thereto, shall be ineligible to reelection for the year ensuing and be subject to the penalties otherwise prescribed by law." 24 V.S.A. § 1686.

13. School Records Not Always Audited By Board. If a town has not elected to eliminate the office of auditor, and town auditors and the school board agree, the town auditors need not conduct an audit of school district accounts as to school district fiscal years that are audited by a public accountant. 24 V.S.A. § 1681

14. Warning Must Be Published If It Is Not Mailed. 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).

15. More Signatures Required For Petition To Bond. A petition to the Selectboard to place an article that includes a bonding proposal on the warning for Town Meeting requires signatures of TEN (10%) of the legal voters, not the usual 5%. 24 V.S.A.§1755(a). The statute also provides very specific information, including the object and purpose of the indebtedness, the estimated cost of the improvements, the amount of bonds to be issued, and the specific form of the question in the Article. 24 V.S.A.§1755 and 1758.

16. Deadlines Approach for Designating Polling Places. January 24, 2002 is the last day for the Board of Civil Authority to designate polling places, and if necessary, divide the checklist for Town Meetings using Australian ballot voting. 17 V.S.A.§2501. Please review your polling places for accessibility by the physically disabled. If any accessible alternate sites are available within your town, please designate as an accessible polling place. Historical or cultural significance is not enough. If your town includes any public buildings that are accessible, you cannot designate an inaccessible polling place.

17. Candidates for Local Office May Have To File Campaign Finance Reports With Town. Local candidate’s 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.

18. Membership in Organization Does Not Alone Create Conflict of Interest. A zoning board member who belongs to an organization that has taken a position on a matter before the board does not necessarily have a conflict of interest that would require recusal from the matter. If the individual is on the policy making board of the organization, or if he or she feels that the fact that the organization has taken a position in the matter will influence his or her judgment in the matter, or if the organization is a party, then the board member should step down from the matter. In the event that the board member chooses not to step down, he or she should nevertheless disclose the relationship and explain at the hearing why no actual conflict exists. See 12 V.S.A. § 61.

19. Town/Village May Limit Truck Weight on Class 2 Roads. Vermont law permits The legislative body of a municipality to limit the legal load on a class 2, 3 or 4 highway or bridge in the municipality. In addition, when the legislative body of a municipality requests in writing, the secretary of transportation may set the weight limit on a class 1 town highway at less than the state highway limit if a reasonable alternative route is available for those vehicles traveling at the state highway limit. 19 V.S.A. § 1396.

20. Listers Meeting Must Be Warned. Whenever a quorum of the board of listers are together and discuss the value of properties, or do any other work of the board, the meeting must be publicly announced and must be open to the public. If the meeting is at a regular time (i.e. their office hours) the board may post this as a meeting time in the town office. If it is outside of those hours it must be publicly noticed as a special meeting (posted in three places and notice and agenda given to local media.) 1 V.S.A § 312.

21. Wife of Selectboard Member May Serve As Lister. There is no legal conflict that would prevent a spouse of a selectboard member from serving as a lister. The board member should not participate in deciding the pay or budget for the lister's office, and should not participate on the BCA for the purpose of hearing tax appeals. (See 17 V.S.A. §§ 2647, 2456, 16 V.S.A. § 558, for discussion of incompatible offices.)

22. Federal Overtime Kicks In After 40 Hours Worked. While a town’s personnel policy or collective bargaining agreement may provide more generous benefits, the Federal Fair Labor Standards Act only requires an employer (including a municipality) to pay overtime (or to provide compensatory time) to an employee who has worked over 40 hours in a seven day period. This means that under the federal law, if an employee works four ten-hour days – no overtime is due. If an employee takes a vacation or sick day and then works forty hours – no overtime is due. Note that different rules may apply to police, fire and emergency workers.

23. Delinquent Tax Collector May Be Elected for Three-Year Term. A new Vermont law permits voters to elect a delinquent tax collector for a three-year term. However, in order to change the term for this coming year, a vote must be taken prior to town meeting to change the term to three years. Unless a town establishes the three-year term by vote at a special meeting prior to town meeting, the next delinquent tax collector will be elected for a one-year term. If the town votes at town meeting to make the term of delinquent tax collector three years, this longer term will kick in at the following annual meeting. 17 V.S.A. § 2642.

24. Towns Have Tools To Clean Up Junkyard. A relatively new Vermont law provides municipalities with authority to address junkyards in their town. Section 2201 of title 24 provides, in part,

This law is designed to prohibit junked cars and other scrap metal from being placed within view of the road. If a person violates this law they can be issued a ticket carrying a penalty of up to $500. The penalty is civil – not criminal, and violations are enforced by the Judicial Bureau – in much the same way that traffic tickets can either be paid or appealed. The town can designate someone as its enforcement officer, and, after submitting their name to the judicial bureau, this person can issue tickets under this law. In addition, the law specifically permits the town attorney as well as law enforcement officers to issue the tickets. You can get the ticket forms from the judicial bureau.