2. However, once a person moves back to the United States, the person must register to vote in the jurisdiction of his or her current residence. For example, if a member of the armed forces that has been in Germany for 20 years retires and moves back to the United States, that person must register to vote in the place in which he or she now resides. If you send a letter as part of your purging process and the person returns your form giving another town or state as his or her residence, you can remove that person from your checklist.

3. A citizen who wishes to be added to the checklist cannot refuse to take the voter’s oath. Vermont’s constitution is clear that every citizen must take the voter’s oath once before being added to the checklist for the first time in Vermont. (If you move to another town in Vermont, you do not need to take the oath again.). A notary public, member of the board of civil authority, or other person authorized to administer oaths must complete and sign the form stating that the new voter has sworn or affirmed the oath and the form must be received by your Town Clerk before the new voter can receive an absentee ballot or vote in person for the first time in Vermont.

4. Felons Vote in Vermont. Vermont law does not take away the right to vote from felons unless the crime involved voter fraud or "offenses against the purity of elections." 17 V.S.A ch. 35. This means that individuals who are in jail can continue to vote where they resided prior to incarceration, and that they do not need any special permission to register to vote when they are released from prison and move to a new location. Vermont law differs from most other states that limit the right of felons to vote so there is often unnecessary confusion about what Vermont requires.

5. BCA Should Have Political Balance. Upon request of an underrepresented major party, the selectboard can appoint additional members to the board of civil authority to bring the major party membership up to three. 17 V.S.A. §2143. The member(s) appointed by the Selectboard are NOT Justices of the Peace, they are members of the board of civil authority for election related duties only. The additional members appointed by the Selectboard have no authority to act with respect to functions of the board of civil authority that are not related to elections. The members appointed by the Selectboard cannot participate in property tax appeal hearings, abatement hearings, etc.

6. Towns Should Have Policy For Use of Public Buildings. It is best practice for each legislative body, selectboard, school board, or other public body that owns buildings to adopt a policy outlining its requirements for use of town or school property by other groups. It is constitutionally permissible for a board to prohibit any and all use by outside groups. However, it is not good policy, and may cause discrimination claims, to allow use of the buildings by certain categories or types of groups and not other groups, unless there is a real difference in the type of use being requested. For example, it is reasonable and acceptable to limit use of certain rooms or spaces to groups of less than 30, or to meetings ending not later than 9 p.m. However, it may be discriminatory to allow the boy scouts to meet in a room, but to turn down a political caucus or a religious organization.

7. Taxpayer who refuses access to property will lose appeal. An inspection committee will generally inspect the entire property (rather than just the portions mentioned in the appeal) in order to report back to the full board of civil authority on property tax appeals. If the taxpayer refuses access to the property, his or her appeal is deemed withdrawn. 17 V.S.A. §4404.

8. Members of inspection committee can view property separately. The law requires three members of the BCA to inspect property as part of a tax appeal within thirty days of the tax appeal. 32 V.S.A. § 4404. However, it is not mandatory that all three members inspect the property at the same time. Whenever possible the three members should inspect together as a convenience to the landowner. Note also that if the inspection committee fails to view part of the property that the appellant wanted the committee to see, the BCA members can return to the property a second time within the 30 days period required by law.

9. Organizers of large events need permit from the Public Safety. The organizers of a commercial public event or gathering expecting 2,000 or more attendees must apply for a permit from the Department of Public Safety at least 30 days before the event is held. 20 V.S.A. § 4501. The Department of Public Safety may grant the permit, deny the permit, or grant the permit with conditions, such as providing a bond or other financial security. If a town wants to regulate smaller assemblies, the town must enact a local ordinance to do so. 24 V.S.A. § 2291(11).

10. Voters Cannot Petition To Enact Ordinance. With the exception of ordinances governing conflict of interest in a town, Vermont law does not permit a municipal ordinance to be adopted or established by vote of the electorate. Only the Selectboard has the authority to adopt an ordinance. Once an ordinance has been adopted, legal voters of the town can bring a petition signed by 5% of the voters within 44 days of the adoption of the ordinance to require the selectboard to warn a meeting to allow voters to vote to disapprove an ordinance. However, a petition can not be used to force a town to vote to adopt an ordinance. 24 V.S.A.§1972 and 1973.

11. Selectboard cannot prevent petitions that bundle financial requests from service agencies. Vermont law permits social service agencies to join together in circulating a petition signed by 5% of the legal voters to ask to have an article or several articles placed on the warning for town meeting. However, if using a joint petition, we strongly suggest that each agency present its request as a separate article so that the votes for each agency’s appropriation will be considered separately.

12. BCA may increase, decrease or sustain the appraisal on appeal. Once the taxpayer raises the issue of the property’s valuation, the BCA must make findings to support what the BCA believes to be the correct valuation of the property, even if that amount is higher than the lister’s assessment. 32 V.S.A. §4409. The same is true for further appeals to the State Board of Appraisers or the Superior Court.

13. No Bidding Required for Town Projects. Vermont law does not require the selectboard to go through a public bidding process when they are making contracts or purchases for the town. However, the board has a fiduciary obligation to the people of the town that requires them to use the public’s resources wisely.

14. School districts must bid contracts over $10,000. Law requires public advertisement of all contracts over $10,000 or an invitation to bid to three or more vendors or suppliers. 16 V.S.A. § 559. (If the board receives fewer than 3 bids the Commissioner of Education can grant an exception to this rule.) For school construction contracts of over $500,000, the board must follow rules established by the State Board of Education, and receive suggestions and recommendations on bidders from the State Department of Buildings and General Services. 16 V.S.A. § 559.

15. Towns can borrow for five years or less without bond. Towns can choose to finance improvements or assets by borrowing for five years or less without a bond. To do so the voters must approve the proposed loan at an annual or special meeting of the town. 24 V.S.A. § 1786a.

16. When necessary the selectboard may borrow for highway purposes without vote. The selectboard may borrow from the municipal equipment loan fund to purchase tools, equipment and materials necessary for the construction, maintenance or repair of highways and bridges without a prior vote. 24 V.S.A. § 1786a (b).

17. Listers must keep minutes of their meetings. Like all municipal boards, the listers meetings are subject to the requirements of the open meeting law. Amongst its other requirements, the open meeting law requires that minutes be taken at all meetings of public bodies. At a minimum, the minutes must include the following information: All members of the public body present; All other active participants in the meeting; All motions, proposals and resolutions made, offered and considered, and what disposition is made of same; and The results of any votes, with a record of the individual vote of each member if a roll call is taken. 1 V.S.A. § 312(b)(1).

18. Administrative work does not require public meeting. The requirements of the open meeting law do not apply to site inspections for the purpose of making tax assessments or abatements, clerical work, or work assignments of staff or other personnel. In addition, the law permits routine day-to-day administrative matters that do not require action by the public body, to be conducted outside a duly warned meeting, provided that no money is appropriated, expended, or encumbered. 1 V.S.A. § 312(g).

19. Subcommittees must follow the open meeting law. All public bodies must follow the requirements of the open meeting law. 1 V.S.A. § 312. A "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. . . ." 1 V.S.A. § 310(3).

20. Selectboard may reduce the size of the planning commission / zoning board/ DRB by resolution. The law does not explicitly address the issue of reducing the size of the planning commission, DRB or zoning board. However, the right to alter the size of these boards is implicit in the right of the selectboard to create them and set their sizes. 24 V.S.A. § 4321, 4322, 4461. We strongly recommend boards reduce the size of their boards when they find that positions on the boards are hard to keep filled with active members. The smaller commission will help ensure the necessary quorum at meetings.

21. Most planning commissioners serve at the will of the selectboard. With the exception of elected planning commissioners, the selectboard can appoint and remove planning commissioners at will. Any member may be removed at any time by unanimous vote of the legislative body. 24 V.S.A. § 4323(a).

22. Town will be liable for sexual harassment by board member. The selectboard cannot take a hands-off approach to allegations that a zoning board member or member of the public is making sexually explicit or harassing comments to a town employee. There is an affirmative obligation of the town to protect its employees from sexual harassment. Failure to take reasonable steps to prevent further incidents of harassment, once notified of the problem, can lead to liability for the town. 25 V.S.A. § 495h.

23. Towns must adopt a sexual harassment policy. Vermont law requires that all employers adopt a policy against sexual harassment which must include a statement that sexual harassment in the workplace is unlawful, and that it is unlawful to retaliate against an employee for filing a complaint of sexual harassment or cooperating with an investigation. The policy must include a description and examples of sexual harassment and must state the range of consequences for employees who commit sexual harassment. In addition, if a town has more than five employees the policy must include a complaint process. This policy must be given to each employee as well as posted in the town. You can obtain a model policy and poster from the Department of Labor and Industry. 25 V.S.A. § 495h.

The Secretary of State’s Office will be honoring long serving appointed and elected local officials of all fourteen counties for the 2004 Vermont Public Service Awards (VPSA). The purpose of the VPSA program is twofold -it gives our dedicated local officials the recognition they deserve - and, by highlighting the vital role our public servants play in our towns, it will hopefully encourage others to serve.

If you are interested in volunteering please email Marianne Lynch at mlynch@sec.state.vt.us or call 802-828-2148 to get involved!

The Secretary of State's Office announces a new web publication on the Vermont public records law. The web publication is intended to help government managers and the public understand the statutory mandates governing access to records.

Table of Contents     |     Past Issues of Opinions     |     Secretary of State's Homepage
 

Table of Contents     |     Past Issues of Opinions     |     Secretary of State's Homepage