1. No J.P. For A Day. We regularly get calls from individuals who wish to be appointed Justice of the Peace for a day so that they could perform a marriage or civil union ceremony for a family member or friend. Unlike some of our neighboring states, Vermont law has no provision to allow a person to be appointed as a Justice of the Peace “for a day.” A person who wishes to perform a wedding or civil union but who is not a member of the clergy or a judge or justice of the peace is simply out of luck.

2. Small Lot Won’t Merge If Both Properties Are Already Developed. In order for preexisting small lots not to merge with a neighboring lot, both lots need to have been developed with a water supply and wastewater disposal – not just the small lot. In general, a parcel of land that does not meet the size requirements in the zoning bylaw will merge with a bordering lot that is held by the same owner so that the parcel cannot be resold as a separate lot. However, a small lot can be separately sold if all of the following apply:

3. Bylaw Can Define Home Occupation. No bylaw can prohibit a resident from using a “minor portion of a dwelling for an occupation which is customary in residential areas and which does not change the character thereof.” 24 V.S.A. § 4406(3). A good zoning bylaw will define what constitutes a “minor portion of a dwelling,” and will list the types of occupations that are customary in the residential areas of that community, or that will not change the character of the area. This will prevent confusion and bad feeling later on when individuals wish to start up home occupations. Note that the fastest growing segment of Vermont’s economy is home businesses. There is no reason your town’s bylaws cannot encourage this business growth by adopting generous bylaws that broadly permit the use of a residence and its outbuildings for business enterprises.

4. Voters May Petition The Planning Commission to Amend or Repeal The Town Zoning Bylaws. Voters who wish to amend or repeal a zoning bylaw cannot do it by petitioning the select board to warn a special town meeting to vote on a proposed amendment. Rather, 24 V.S.A. § 4403 sets out a process for citizen-initiated changes to a bylaw. Note that the law does not permit the voters to petition the initial adoption of zoning bylaws.

5. Planning Commission Can Comment On – But Can’t Change Citizen Initiated Amendment Proposal. If a proposed amendment was supported by a petition signed by not less than five percent of the voters of the municipality, the planning commission must promptly submit the amendment, with changes only to correct technical deficiencies, to the legislative body of the municipality, together with any recommendation or opinion it considers appropriate. It may not make changes in the substance of the proposal. 24 V.S.A. § 4403(f). Note that no statute prevents the selectboard from making changes to a citizen initiated bylaw amendment proposal.

6. Citizens Can Petition Vote On Proposed Amendment If Selectboard Fails To Act. Although statutes direct the planning commission to act quickly when processing a petitioned amendment to a zoning bylaw, there is no similar language that applies to the selectboard. Vermont law requires the selectboard to warn its first public hearing on a bylaw proposal within 120 days of receiving it from the planning commission. After the final public hearing the selectboard must either vote to approve or disapprove of the bylaw – or put it to a public vote (depending on whether the town is a rural town or urban municipality and depending on whether the town adopts bylaws by public vote.) If the proposed bylaw amendment is not approved or rejected within one year of the date of the final hearing of the planning commission, it is considered disapproved. However, if five percent of the voters of the municipality petition for a meeting of the municipality to consider the bylaw or amendment, and the petition is filed within 60 days of the end of that year the selectboard is forced to put the proposal to a public vote. 24 V.S.A. § 4403 (i).

7. Selectboard Can Erect Or Remove Fences Adjoining to Mminimize Snowdrifts. Vermont law gives the selectboard the authority to lay down fences on property adjoining the town highway – or to erect a snow fence on adjoining land when it determines that the road is liable to be obstructed by snowdrifts unless these actions are taken. 19 V.S.A. § 925, 927. The board must give notice to the owner or occupant of the land before taking these actions, and give the owner an opportunity for a hearing on the matter.

8. Voters Can Petition to Form Conservation Commission. A town can create a conservation commission by a vote of the municipality, or if the town or city charter permits, by a vote of the legislative body. Where no special charter provision exists, the selectboard can choose on its own motion to put a conservation commission article before the annual meeting. If the board chooses not to place such an article on the warning, 5% of the voters can petition to require the board to put the question before the meeting. 24 V.S.A. § 4501.

9. Selectboard Appoints Members To Conservation Commission. Once a conservation commission is create, the selectboard appoints at least 3 – but no more than 9 - members to the commission for four-year terms. The initial appointments are for varied terms to ensure that future expiration of terms are staggered. 24 V.S.A. § 4502.

10. Board Can Set Reasonable Limitations On Videotaping at Public Meeting. While members of the public has the right to video a public meeting the board can set reasonable limits on that videotaping in order to preserve and maintain order. They can, for example, require that the videographer keeps his or her camera in the back of the room to ensure that the camera does not get in the way of those attending the meeting. The board can also require an “in your face” videographer to keep his or her camera on a tripod.

11. Boards of Abatement Are Not Required To Abate. The abatement process is entirely discretionary with the board of abatement. The board can choose to abate current taxes or delinquent taxes, penalties and interest in the event that to do so would be fair or right an injustice. However, the board can only abate in statutorily described cases. For instance, the board may abate taxes of landowners who have died insolvent; or the taxes of people who have left the state; or the taxes of people who are unable to pay their taxes, interest, and collection fees; or taxes in which there is manifest error or a mistake of the listers; or taxes upon real or personal property lost or destroyed during the tax year. 24 V.S.A. § 1535. Of course, since each abatement means the rest of the taxpayers in the town are subsidizing that individual landowner, most boards abate taxes only in cases where not abating would be unfair to the taxpayer.

12. Abatement Of Delinquent Taxes Also Abate Interest and Fees. Boards of abatement should be aware that when it abates delinquent taxes it automatically abates any uncollected interest and fees relating to that amount. 24 V.S.A. §1535. But the board cannot abate only the fees related to a delinquency since, in most cases, those fees belong to the delinquent tax collector – and not the town.

13. Abatement Decisions Must Be in Writing. Vermont law requires that decisions to abate or to deny abatement on taxes must be made in writing. The written decision must state in detail the reason for the board’s decision. 24 V.S.A. § 1535.

14. Interest on Abated Taxes Must Be Paid in Most Cases. When the town charges interest on overdue taxes, it must pay interest on taxes paid and subsequently abated, unless the abatement is because property was destroyed during the tax year. Interest on taxes paid and subsequently abated shall accrue from the date payment was due or made, whichever is later. 24 V.S.A. § 1535.

15. Vacancy Only Filled Until Next Election. When there is a vacancy in public office the board may appoint to fill the vacancy until the next election. At the next election a person is elected to fill out the term of office of the person who vacated the office. 24 V.S.A. § 962, 963.

16. Local Candidate Petitions Must be Specific. Vermont law requires that candidates petition to get on the ballot for local office in municipalities that use the Australian ballot system for election of officers. These petitions must clearly indicate the office the individual wishes to run for and the length of the term (particularly when there is more than one position open with different terms of office.) 17 V.S.A. § 2681(b). However, a candidate cannot circulate a petition for signatures without a term length and then add or change the term length after signatures have been obtained. For example, a candidate cannot circulate a petition for selectboard without indicating which term he or she is seeking. It is permissible for a person to circulate two or three different petitions for selectboard, one petition for the one year seat, one for the remaining year of a three year term, and one for the three year term, and then wait until the filing deadline to decide which petition to submit to the Town Clerk.

17. Certain Elections are By Paper Ballot or Australian Ballot. Some towns elect officers by Australian ballot. In those towns that have not adopted the Australian ballot system for election of officers, Vermont law requires the use of paper ballots for election of selectboard members, listers, auditor, road commissioner, or water commissioners. 17 V.S.A. § 2646. For other votes, paper ballots can be used when at least seven voters support such a request. 17 V.S.A. § 2658.

18. Time For Paper Ballot Voting Can Be Limited. Unlike Australian Ballot voting, wherein the polls must be open from at least 10 am to 7 p.m., when an article is voted by paper ballot the polls must be kept open a "reasonable" amount of time, as determined by the moderator. 17 V.S.A. § 2661. Depending upon the size of the meeting, the polls might be open for ten minutes or for a few hours. The law also requires that the moderator give reasonable notice to the assembly prior to the close of the polls.

19. Officers Must Be Elected By Majority Except With Australian Ballot Vote. Local officials who are elected by paper ballot or floor vote must receive a majority of all votes cast in order to be elected at town meeting. 17 V.S.A. § 2660. If no candidate receives the majority , then another vote must be taken. If no person has obtained a majority by the end of the third vote, then the moderator shall announce that the person who received the least votes in the last vote shall no longer be a candidate, and continue voting in like fashion until a candidate receives a majority. Officers elected by Australian Ballot must receive the greatest number of votes – but a majority is not required. 17 V.S.A. § 2682(c).

20. Petition May Include More Than One Article. No law prohibits citizens from drawing up a petition that included a number of articles for a warning. When citizens sign the petition they are asking that all of the articles be placed on the warning. However, the circulators of the petition must understand that some citizens might be willing to sign a petition for certain issues but not for other issues. Upon receipt of a petition with multiple articles, the selectboard (or school board) may change the order the articles, so long as it doesn’t change the petitioner’s intent. 17 V.S.A. §§ 2642, 2643.

21. Purging of Checklists. We have now concluded another general election after the changes to Title 17 which require boards of civil authority to wait for two general elections before removing names from the checklist of persons who have been notified in writing pursuant to 17 V.S.A. § 2150. Therefore, all persons who did not respond to the First Class Letters and Notices (as described in section 2150 (d)(3) asking the voter to verify eligibility to vote) mailed prior to the 2000 General Election can now be removed by the vote of the Board of Civil Authority. For notices sent between November 6, 2000 and November 5, 2002, you must wait until after the 2004 General Election.

22. Vote To Use Australian Ballot Is a Public Question. The Australian ballot system can be used for votes on the election of municipal officers, budgets, and public questions other than the budget. A town can use the Australian ballot system for any one or all three types of these election issues. Unless required by a specific law such as authorization of bonded indebtedness, the Australian ballot system cannot be used unless a municipality has voted to adopt the system at a prior special or annual meeting. The vote to adopt the Australian ballot system must be from the floor at an annual or special town meeting unless the town has already voted to consider public questions by Australian Ballot. 17 V.S.A. § 2680.

23. Deadlines Which Fall on a Weekend or Holiday Extended to Next Working Day. Under Vermont's Election Laws, if a date for filing of petitions, consent forms, or other documents falls on a Saturday, Sunday or legal holiday, then the deadline is extended to 5 p.m. on the next day which is not a Saturday, Sunday or legal holiday. We have had a number of calls regarding petitions for reconsideration or other petition filing deadlines. Th next-day rule applies to all filings covered by Title 17. For this reason, even petitions for reconsideration must be accepted on Monday if the deadline falls on the weekend. 17 V.S.A. § 2103(13).

24. Town Clerk Must Be Open For Voter Registration Prior to Union School District Elections. Town clerks whose towns are members of a union school district must be open for voter registration on the second Saturday before the Union School District Elections, and then must provide an authenticated copy of the checklist as updated to the Clerk of the Union School District. 16 V.S.A. § 706u provides the particulars regarding the checklist for union district meetings. This section incorporates by reference the provisions of Title 17 that require the Town Clerk to have office hours on the second Saturday before each election to allow residents to register to vote.

25. There is no Special Language that is Required for Citizens's Petition the Selectboard or School Board to Place Articles on the Warning for Town Mmeeting. 17 V.S.A. § 2642 states that if 5% of the voters of the municipality file a petition with the Town Clerk that the warning shall include the article. Vermont Supreme Court cases tell us that an inclusion of a petitioned article is not mandatory if the article is frivolous, illegal, or pertaining to a matter which is not within the authority of the electorate of the town to decide.

26. The Selectboard Should Avoid Duplicative Articles for Town Meeting Warning. The selectboard should exercise its discretion in preparing articles for the warning in order to avoid two articles, one petitioned and one from the selectboard, which cover the same topic and confuse the voters. For example, in a town that has previously voted to elect road commissioners the selectboard wants to go back to appointing the commissioner and prepares article for the warning "Shall the voters of the town vote to have the road commissioner appointed by the selectboard rather than elected." (See 17 V.S.A. § 2651(a)). Citizens in town hear that the selectboard is considering such an article so they circulate a petition that frames the same issue as "Shall the voters of the town vote to continue to have the road commissioner elected by the voters?" The selectboard should consider that if both articles are included the voters could easily become confused and there could be two articles passed which have conflicting results. In such a situation, the selectboard could withdraw their proposed article because a “No” vote on the petitioned article would mean that the voters want the road commissioner to be appointed.