1. Request for reconsideration must be submitted within thirty days of meeting. 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. It is wise to avoid committing to any contract until the 30 days for reconsideration has passed.

2. Absentee ballots for reconsideration should not require separate request. Although the law does not speak directly to whether a person who has requested an absentee ballot for town meeting votes by Australian ballot, must make a separate request for an absentee ballot for reconsideration, we suggest that fairness dictates that you send absentee ballots for the reconsideration to all voters who had requested absentee ballots for Town Meeting. Reconsideration is really an extension of town meeting. It is likely that a court would find that the obligation to send a ballot to a voter would continue until the voting on the issue is complete.

3. There is no reconsideration of election of officers. While 17 V.S.A. §2661 provides a method for reconsidering public questions, and budgets, the election of officers cannot be reconsidered by filing a petition with the legislative body. The only way to challenge or contest an election of an officer is by filing a petition with the appropriate Superior Court. (17 V.S.A. §2603) The statute sets out that you must allege either errors sufficient to change the outcome of the election, fraud in the process sufficient to change the result, or you must establish another reason that the election is not valid.

4. Votes requiring two-thirds instead of a majority at Town Meeting. It’s a fairly short list: Tax stabilization agreements relating to commercial or industrial property (24 V.S.A. §2741(b)); Rural town approval of a zoning bylaw or amendment if 5% of the voters have filed a written protest or petition asking for 2/3 vote at least 15 days prior to the vote (24 V.S.A. §4404 (e)); and when Robert’s rules requires 2/3 for procedural motions such as motions to suspend the rules, to rearrange articles, to cease or limit debate; to adopt special rules of order; to allow a nonresident to speak after a voter has objected, to close nominations; and to postpone to a time certain (17 V.S.A. §2658).

5. Articles that are voted to be either “passed over” or “postponed indefinitely” cannot be raised at a special or annual meeting without a full warning of a new article. Likewise if an article is “tabled” (it could be removed from the table during that meeting) but it cannot be considered at a subsequent meeting without being warned as an article. Voters rely on the warning to know what will be discussed.

6. Town Meeting Can Be Put Off To A New Date If Voters Wish. If voters want to continue the meeting at a later date, it is generally best to make a motion to adjourn to a date and time certain so that the meeting does not need to be warned again. This motion can be used in the event of bad weather, other emergencies, or when the voters need more information that will be available at a later date.

7. Town Clerk is responsible for preparing Town Meeting minutes. 24 V.S.A.§1152. Even if the Town Clerk is not seeking re-election, it is the responsibility of the clerk whose term is ending to make a record of the town meeting. The minutes must be approved and attested to by two of the following: moderator, selectboard or justices of the peace. The clerk must request approval within 7 days after each town meeting and his or her request must be given prompt consideration.

8. Officers voted on the floor must receive majority vote to win. At a Town Meeting in a Town that does NOT use Australian ballot for election of town officers, where the statute requires that the election be by paper ballot (as for Selectboard, Listers, and Auditors), the candidate must receive a major part of the vote (a majority of all votes cast) not just the most votes. 17 V.S.A. § 2660(c). If no nominee has obtained a majority by the end of the third vote, the moderator shall announce that the person receiving the least votes in the last vote shall no longer be a candidate, and the voting shall continue until a candidate receives a majority.

9. Office remains vacant if no nominees. At a Town Meeting in a town election, town officers, from the floor if no one is nominated, the office remains vacant and the selectboard must appoint. The Selectboard or Moderator cannot “force” the town meeting to keep nominating until someone accept the nomination by stating that the next article will not be considered until the election is complete. If there are no nominations for an office, the Selectboard appoints someone to serve until the next election. If at a later date other interest arises in the office, 5% of the legal voters can always petition for a special election.

10. Some Local Officials Do Not Have To be Residents. In most cases, in order to be elected or appointed to serve in local office you must be a voter in that municipality. However, the law does not require assistant treasurers or assistant clerks to be residents of the communities where they serve.. In addition, the town clerk or treasurer can serve as clerk or treasurer of a village or fire district even if they are not a resident of that municipality. A town tax collector can serve as an incorporated school district collector even if not a resident of the district. There is also no residency requirement for appointment to town planning and zoning boards. However, for the planning commission, at least a majority of the members must be residents of the town.

11. Law requires majority of a board to act. (except as provided in 16 V. S. A. § 554 for school boards.) Vermont law provides that when joint authority is given to a board of three or more there must be a concurrence of a majority in order for the board to take action. This means that, with a five member board three board members must vote in favor of taking action. This rule applies even if there is a vacancy on the board, or if one or board member abstains from voting. 1 V.S.A. § 172.

12. As long as a quorum (majority of board) is present, School Boards may take action by vote of a majority of the memebers present at the meeting. 16 V. S. A. § 554

13. Subcommittees of public bodies must follow the rules of the open meeting law. All requirements of the open meeting law apply to subcommittees of public bodies. See 1 V.S.A. § 310 (3). This is because "public body" means any board, council or commission of the state or one or more of its political subdivisions, any board, council or commission of any agency, authority or instrumentality of the state or one or more of its political subdivisions, or any committee of any of the foregoing boards, councils or commissions . . .."

14. Agencies Who Receive Local Funding Are Not Required To Make Financial Books Public. Vermont’s public record law applies only to “public agencies” which are defined as “ any agency, board, department, commission, committee, branch, instrumentality or authority of the state or any agency, board, committee, department, branch, instrumentality, commission or authority of any political subdivision of the state.” Because social service agencies and other nonprofit organizations that receive local funding do not come under this definition, they are not obligated to open their books to public inspection. The selectboard can have a policy of not automatically putting on the warning a funding request without first seeing the books, and the voters can choose not to support funding unless the books are open – but no law requires a nonprofit organization to disclose its financial information as a condition to public financing.

15. Town is not required to conduct professional audit. No Vermont law requires a town to regularly audit its books by a certified public accountant. Rather, the law requires the board of auditors to audit the town books every year and report their findings in the town report. 24 VSA § 1681, 24 VSA § 1690. Vermont law permits the selectboard or village trustees, or the voters, by petition, to ask the voters to “instruct the selectmen or trustees to employ a certified public accountant or public accountant to aid the work of the auditors."

16. Ex Officio Notaries must file with Superior Court. Justices of the peace, town clerks and their assistants, municipal police officers, sheriffs and others who serve as ex officio notaries public cannot perform notarial services until they submit an application to the superior court and take the oath of office. 24 V.S.A. § 441. A new application must be submitted every four years (at the time when all notarial appointments expire.) These officials do not need to pay the registration fee, and their commissions expire once they leave office. Also, ex officio notaries provide notary public services without charge or fee. 32 V.S.A. § 1403(b).

17. Delinquent Tax Collector Adopts Collection Policy. Vermont law gives the delinquent tax collector the authority to adopt a collection policy and decide when or whether to conduct a tax sale. The selectboard have no authority to order the collector to take collection action, however, if the collector fails to do his or her job a court can assess penalties. 13 V.S.A. § 3006.

18. Clerk’s Office Must Be Open the Second Saturday Before Every Election. Vermont law requires the clerk’s office to be open to accept voter applications on the second Saturday at least from ten until noon before any vote. This includes town meeting, and reconsideration votes, special meetings as well as bond votes. 17 V.S.A. § 2144.

19. Budget Reconsideration Must Be Voted In Same Manner As Initial Budget Vote. In one town at the same meeting that voters rejected a school budget it voted to adopt all budgets by Australian Ballot. Despite the vote to go to Australian Ballot, the budget re-vote must be a floor vote. Courts consider that the election is not complete until the budget issue is finally resolved. Any new budget votes – after the budget passes – must be voted by Australian ballot.

20. Village Can Be Created By Selectboard Upon Petition. Vermont law provides that “upon a petition of a majority of the voters in a town meeting residing in a village containing thirty or more houses, the selectmen shall establish the bounds of such village and cause a description thereof, by its name and bounds, to be recorded in the office of the town clerk and posted in two or more public places in such village. The residents in such village shall thereupon become a body politic and corporate with the powers incident to a public corporation, be known by the name given in such description, by that name may sue and be sued, and hold and convey real and personal estate for the use of the corporation.” 24 V.S.A. § 1301. Note that some believe that this statute is an improper delegation by the legislature of their constitutional authority.  (See a larger discussion of this issue on our website at (http://vermont-archives.org/govhistory/governance/Judicial/pdf/MunicipalCharters1913.pdf) As a practical matter many villages also have charters that set specific rules for its governance - the charter has to be voted on by the villagers then passed by the legislature.

21. A village dissolves by merging into the town. Although it is fairly easy to create a village it is somewhat more complicated to get rid of a village. In order for the independent municipality to dissolve it must merge back into the town. The statutes set forth a procedure for merger, which can be found beginning in 24 V.S.A. § 1481.