Local celebrations provide the glue that binds our communities. Like town meeting, our festivals and concerts, our town wide tag sales and parades give us a sense of pride in our communities. They help us get to know our neighbors and let us feel connected to our history. It is no wonder that research shows that communities with the highest town meeting turnout are the ones that also offer a meal and time to socialize. The chance to visit with our neighbors stimulates our civic life.

So, as you are helping to clean up from your Fourth of July picnic, or as you are planning for Bennington Battle Day or for some other community event, know that this work is just as important as planning the budget for the town – or writing the town plan. Without our community celebrations it is hard to keep our citizens engaged in the civic life of our towns. And without active citizens our towns cannot thrive.

Reprinted from July 2001

Deborah L. Markowitz
Secretary of State

2. New Articles Can Be Added To Special Meeting To Reconsider Budget. If a special meeting of a town or school is called to reconsider the budget, additional articles can be added to the warning so long as the board is warning the meeting using the standard 30 to 40 day timeframe. 17 V.S.A. §2643. Note that if the School District budget vote is by Australian ballot, and the school board is taking advantage of the shortened warning time permitted for budget revotes, then no other articles can be added to the meeting warning. 17 V.S.A. §2680(c).

3. Budget Must Be Distributed 10 Days Before Vote. The school board is required to distribute a proposed school district budget at least 10 days prior to a vote by the electorate. 16 V.S.A. §563(11). Vermont law requires distribution of the proposed budget to all voters, not just to parents of school children. For districts using Australian ballot and the shortened warning period, the school board must plan on the timing of the distribution before setting the meeting date.

4. Surveys Related To Election Must Be Answered Outside Polling Place. Even though it may be helpful in planning for the future, questions relating to the subjects of an election must be asked and answered outside the polling place. For this reason, exit polls, questionnaires, or surveys can only be handed out and completed outside the building containing the polling place, even if it is a selectboard sponsored survey. 17 V.S.A. § 2508.

5. Meeting Should Decide Special Procedural Rules. Although the moderator presides and decides questions of order during an annual or special meeting, it is a best practice to have the assembled voters decide on the rules to be used to govern who can speak and for how long, rather than to have a rule imposed by the moderator without input. 17 V.S.A. § 2658. For example, it should be up to the voters at town meeting whether to allow non-voters to speak, and if so, for how long. If a moderator attempts to add his or her own rules to Roberts at the beginning of the meeting, any voter present can rise and appeal the ruling of the chair. If the ruling is defeated, a voter can then propose another rule to be used by the meeting.

6. Moderator Vacancy Is Filled Until Next Election. If the town or town school district moderator(s) elected at the annual meeting either dies or resigns during his term, the selectboard can appoint a moderator at a warned selectboard meeting (to serve until the next election). 24 V.S.A. §963. If the selectboard does not appoint, and a special meeting is warned, the special meeting would be called to order by a member of the legislative body (selectboard or school board) until the voters present at the meeting elect a moderator pro tempore. 17 V.S.A. §2657.

7. Vacancy Is Filled Only Until Next Election. When a vacancy in a town or school district office is filled by appointment by the selectboard, that individual only serves until the next election. 24 V.S.A. § 963. While a town could choose to fill vacancies by election during the general election it is our opinion that it is permissible to wait to fill the vacancies until the next local election – which occurs at the annual meeting of the town.

8. Governor Appoints to Fill Justice of the Peace Vacancy. Whenever a vacancy occurs for a justice of peace, whether by death or resignation, the town clerk or town party chair for the party that has lost a justice must notify the office of the governor. 17 V.S.A. §2643. The town committee of that party (after a properly warned meeting) may then submit one or more recommendations to the governor as to a successor. However, the governor may appoint any qualified person to fill the vacancy for the remaining portion of the term.

9. Justice Who Moves Does Not Lose Office. The law doesn’t create a vacancy in the office of the Justice of the Peace when they move from their town. This means that a Justice who moves into a neighboring community can continue in office. We do not believe this is a good practice as it makes sense to only have members of the community making elections and tax appeal decisions, and that it is important that every member of the BCA be available to perform these important functions.

10. All Members of BCA Share Authority. Although the selectboard and town clerk become members of the Board of Civil Authority by virtue of their election, each member of the BCA has the same basic duties and responsibilities (except that only a selectboard member or town clerk may call a meeting of the board.) 24 V.S.A. § 801. Any member can be elected chair of the board by the members, and each member participates equally in decisions of the board.

11. BCA Members Appointed For Political Balance Have Limited Role. Individuals who are appointed to serve on the Board of Civil Authority by the selectboard to raise major party representation to 3 members from each major party, may only participate in election related duties of the BCA and cannot participate in tax appeals, abatement hearings or any other BCA business.

12. Candidates Shouldn’t Be Elections Officials. No candidate may serve as an election official in any election in which his or her name appears in a contested race (more than one candidate) for that office, unless the office is a town clerk, clerk-treasurer, moderator, justice of the peace, ward clerk or inspector of elections (an office in which being an election official is an integral part of the responsibilities of office). 17 V.S.A. §2456.

13. Spouse of Candidate Should Not Deliver Absentee Ballots. There is no law prohibiting the spouse, parent or child of a candidate from serving as an election official – although we discourage this practice because of the appearance of conflict. The law does prohibit the spouse, parent or child of a candidate in a contested race from delivering absentee ballots. 17 V.S.A. §2538.

14. Selectboard Can Reject Proposed Zoning Administrator. Vermont law provides that the zoning administrator will be appointed for a term of three years by the planning commission, "with the approval of the legislative body." 24 V.S.A. § 4442. This means that although the planning commission can make the initial recommendation, the selectboard has the final word on who is appointed zoning administrator. If the board does not like the candidate(s) referred to it by the planning commission, they can send the planning commission back to the drawing board to bring forward new names.

15. With No Budget There is No Spending Authority. In one town the voters continually rejected the proposed budget. If no new budget is passed by July 1^st – the new fiscal year for the town – the town has no authority to spend money. In that case only essential services can be provided. The town can borrow to pay for providing services required by law – such as maintaining roads and accepting zoning applications.

16. Only Adults Over 18 Years Old May Enter Into Civil Union. Vermont law provides that a civil union license cannot be issued to anyone under 18 years of age. 18 V.S.A § 5163. This means that a minor may not get a civil union – even with permission of their parents.

17. Minutes Of Zoning Meetings Are Cursory. 1 V.S.A. § 312(b)(2) provides that "minutes of all public meetings shall be matters of public record, shall be kept by the clerk or secretary of the public body, and shall be available for inspection by any person and for purchase of copies at cost upon request after five days from the date of any meeting." That being said, the minutes of the meetings of a zoning board should be very cursory documents – stating only the name and docket number (if any) of the matters being discussed and who was present and participating. 1 V.S.A. .§ 312(b)(3).

18. No Minutes Are Taken Of Zoning Board’s Deliberative Session. Because permit hearings are quasi-judicial (the board acts like a court,) the board’s decision is made outside the public meeting in a deliberative session without minutes and without a public vote. The written decision serves as the public record of the decision and the board’s rationale for the decision. The decision should list the members of the board who participated in the decision, indicating who, if anyone dissented from the decision.

19. Adjoining Property Owners Do Not Have to Be Notified Of Permit Application. No law requires that adjoining property owners be notified of permit requests including requests for variances. There is a requirement, however, that the town post in a public place within the town, and publish in a local newspaper a notice of the hearing to review a variance or permit application. 24 V.S.A. § 4447. We recommend adopting town bylaws that provide for additional notification. Many towns require the landowner to post a notice on the property for which a request is pending. We recommend this practice because it helps communities avoid the unpleasant situation when a neighboring landowner finds out about an application only after building has begun.

20. ERRATA. In February’s Opinions we correctly noted that the highway right of way cannot be lost through adverse possession. We incorrectly stated that it takes 30 years to obtain a fee interest by adverse possession. Vermont law establishes that the town cannot lose its legal interest in a highway right of way by adverse possession. Adverse possession can occur when a person uses or occupies property without permission of the landowner, in a way that is open, notorious and adverse to the landowner’s interest for 15 years. 19 V.S.A. § 1102.

21. Interest May Be Charged On Overdue Tax Installments If the Town Votes To Do So. 32 V.S.A § 5136 provides that a municipality may vote to collect interest on delinquent tax installments. The town may collect interest at the rate of not more than one percent per month for the first three months and thereafter 1.5 percent per month from the due date of the delinquent tax installment. The town may collect the full one-percent per month on the first day that the installment is overdue. The taxpayer only owes interest on taxes due and the law does not give the collector the authority to collect interest on interest owed, nor on any penalty owed.

22. Selectboard Is In Charge In The Absence Of The Town Manager. The law explains that the manager "[i]n all matters...shall be subject to the direction and supervision and shall hold office at the will of the selectmen.…" 24 V.S.A. § 1233. With the selectboard’s approval the manager may appoint an assistant manager to be in charge while the town manager is away or the board may take the manager’s duties upon itself.

23. Acting Administrator Can Be Appointed To Fill Over Vacations. When a zoning administrator goes on vacation, the planning commission, with the approval of the selectboard, can appoint an acting administrator to act in the zoning administrator’s absence.

24. Treasurer's Accounts Are Public Records. 24 V.S.A. § 1571. This means that if a citizen has questions about town spending, the citizen can visit the treasurer's office and review the accounts or ask for copies of the records.

The grant project being administered by the State Archives and the Vermont Historical Records Advisory Board is drawing to an end. June 1^st was the last deadline for proposals and emphasis is now on bringing projects to completion, evaluating the impact of the grants, and developing programs to sustain assistance in managing records.

Dozens of municipal clerks took advantage of the program, including two countywide collaborative projects involving assessments of municipal recordkeeping needs and practices. The projects will result in management plans for addressing record needs and we hope to share some of these plans in future Opinions.

The Center for Rural Studies has a grant to begin developing basic electronic recordkeeping practices. The contact person is Chip Sawyer who can be reached at the Center for Rural Studies, 207 Morrill Hall, University of Vermont, Burlington, VT 05405; phone: 802-656-0892; e-mail: wsawyer@zoo.uvm.edu. Chip would welcome comments on issues that you feel need addressing.

The Vermont Museum and Gallery Alliance, under a series of grants, is moving forward in developing county disaster response teams for municipal offices and in creating resource materials such as a pamphlet offering suggestions on how to work with a conservator.

Download the Best Practice Standards For Indexing Land Record Instruments