Office of the Vermont
Secretary of State -
www.sec.state.vt.us
26 Terrace Street, Drawer 09,
Montpelier, VT 05609-1101 : Phone 802-828-2363
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Volume 6 Number 3
March 2004
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Message from the Secretary |
Table of Contents |
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If warnings are any indication, March Town Meeting is due to be
somewhat sleepy this year. There are few contested races for office,
and few petitioned articles beyond payments to social service
agencies and the scattered requests to consider moving to Australian
Ballot voting.
But the warning is not everything. There are many in Montpelier
who watch with interest every year to see how our schools will fare.
Will budgets pass or be voted down? This vote sends a message that
informs the legislature’s school funding decisions and education
policy. Your legislators will be attending your meetings to hear
what is on your mind. Should we ban computerized voting in Vermont?
Should we prohibit use of tax appraisal information for commercial
purposes? Should we pass a constitutional amendment making the
constitutional offices four-year terms? Should we opt out of the No
Child Left Behind law?
Town meeting is also a time for us to show our appreciation for
those who work hard for us all year: the volunteers who serve on our
boards and commissions, the folks who work in the town offices, our
road crews and the people who manage our parks. It is a time to
welcome new people to our towns, and to remember those who may be
away, serving our country in Iraq or Afghanistan.
To those local officials who will not be returning to office
after March 2nd we wish
to say, on behalf of the people of Vermont, "thank you for your
service to your community." We know that serving in local office can
be challenging as well as rewarding. We know that many of you have
devoted countless hours and personal resources for the public good.
Most importantly, we know that our communities could not function
without the service and commitment of its public officials.
To those of you who are newly elected this month, and to those of
you who are veteran officials back to serve yet another term, we
wish to welcome you. As you are called upon to do your jobs, please
know that we are here to be of assistance. We can answer your
questions and direct you to other resources that might be helpful to
you and your towns.
We have three attorneys available to answer your questions -
Deputy Secretary of State, Bill Dalton, Director of Elections and
Campaign Finance, Kathy DeWolfe and myself. Call us at
1-800-439-8683! Check out our web site or call to order our free
publications on topics including open meeting law, tax appeals,
library and school district law, land use regulation and more –
www.sec.state.vt.us!

Deborah L. Markowitz
Secretary of State
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Message from the Secretary
Voice from the Vault
by State Archivist Gregory Sanford
Opinions of
Opinions
VLCT Upcoming Events
Is Your Polling Place Accessible?
Secretary of State's Office
Offers Grants to Towns
After Town Meeting: A
Checklist
Driver's License Safety
Sticker
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UCC Fees Increased
Thank You and Good Luck
Mailing List
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Voice from the Vault
By Gregory Sanford, State Archivist |
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A plumber friend once explained his success as knowing three basic
rules: water runs down hill; plumbers are paid well; and never put
your fingers in your mouth. On February 16th , a
state holiday, the Archives had rule number one confirmed when a water
pipe broke on the second floor, ran down onto the first floor, and
from there found a way through the re-enforced concrete ceiling of the
basement vault. Only a small amount of water made its way through the
ceiling, but 90 boxes were affected. A few people called (did I
detect a note of satisfaction?) to say, "And you are the guys who are
always warning us about disaster planning." Exactly the point: no one
is immune from risks. That is why disaster mitigation and planning are
so essential. Our test was not that we had a problem; it was how well
we responded. I give us a mixed grade.
What we did right:
The alarm system worked well (though not the way we anticipated)
and within minutes the Montpelier Fire Department and staff from the
Archives and Buildings and General Services were at Redstone.
We knew who to call and quickly had a sufficient number of people
on-site to respond to the emergency.
One group focused on the building (water shut off and repair;
arranging for additional dehumidifiers, fans and a wet vac service;
and covering all vault shelving with plastic tarps in the event of new
leaks).
Another group tackled the records. We segregated the records into
three categories: records that were wet; dry records in damp folders;
and dry records/folders within wet boxes. One group line-dried wet
records; one group replaced folders with even slight dampness; and a
third group removed all (dry) folders from slightly wet boxes and
arranged them on tables to provide precautionary air drying (to
minimize the chance of mold).
Knowledge of the holdings allowed some quick assessment of the
relative value of the records (no 18th or 19th
century records were affected) while finding aids eased the task of
re-filing and boxing the records.
Photo documentation was made for insurance purposes, lists of
discarded boxes and folders were compiled (both to guide re-filing and
for figuring replacement costs) and the names of those responding, and
how long they stayed, were recorded.
A parallel effort was going on in the two non-Archives offices
directly under the water break; it is worth noting that because of the
Office back-up policy no electronic records were lost though some IT
equipment was damaged.
Within six hours of the alarm the situation was stabilized.
What we need to change:
The alarm was set off when a smoke detector in the ceiling below
the break was short-circuited by the water. If we relied exclusively
on the vault water sensors more time would have elapsed and more
damage would have occurred. We need to re-evaluate our security
systems.
Too much of our response was guided by the knowledge and experience
of the Archives staff and Paul Carnahan and Jackie Calder from the
Vermont Historical Society (VHS). While this re-enforces the value of
staff training we need more accessible and formal procedures in the
event staff are unavailable. We will be developing quick check-off
lists that anyone could locate and use.
We had not maintained our inventory of disaster response supplies
and had run low on key items. We had to purchase additional plastic
tarps and other supplies. The VHS staff brought some of their response
material, underscoring the need for more formal partnerships and the
off-site storage of disaster supplies.
Other, larger concerns need to be addressed. How, for example, did
water leak through water-proof carpets and the cement ceiling of a
four-hour fire rated vault? For any of you planning new facilities,
our experience re-enforces arguments against putting vaults in the
basement; water does, as noted, run down hill. Similarly, for
communities thinking of putting vaults and offices in historic
buildings (in our case a 19th Century summer
residence), our experience suggests careful risk assessment of how
well the building can be retrofitted for new uses (insulation,
plumbing, wiring, workflow, etc).
We were lucky that our response was quick and the damage minimal.
We greatly appreciate the quick and informed response of the
Montpelier Fire Department, State Buildings and General Services, the
Vermont Historical Society, the Archives staff and volunteers Andrew
and Reidun Nuquist and David Corliss. We will be particularly
fortunate if our experience encourages all of us to review our
disaster mitigation and response plans.
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Opinions of
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1. Petitions To Reconsider Must Be Submitted Within 30 days.
The law is clear that petitioners have the right to test the vote of
an annual meeting by requiring a vote to reconsider the article.
Petitions to reconsider articles at Town Meeting signed by 5% of the
legal voters must be submitted to the Town Clerk within 30 days of the
meeting. 17 V.S.A. §2661. Municipalities are therefore wise to avoid
committing themselves to any contract until the 30 days for
reconsideration has passed.
2 Reminder Of 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)); 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.
3 Articles That Are Passed Over Must Be Re-Warned At A Special
Meeting To Be Considered. 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) it cannot be considered at a subsequent
special or annual meeting without being warned as an article for the
new meeting. Voters rely on the warning to know what will be
discussed.
4 Union School Must Use Paper Ballot To Dispense With Australian
Ballot. Union school district law states that "the vote whether to
use the Australian ballot and whether to commingle the ballots shall
be taken by written ballot." 16 V.S.A. § 711e(b). Generally, when the
adoption of an article is prescribed to take place in a certain
fashion, the reconsideration or rescission of the article is voted in
the same manner. Accordingly, a vote to discontinue the use of
Australian ballot would be by "written" or paper ballot. Note,
however, that if the union high school district voted to adopt all
public questions by Australian ballot in its previous vote, the
vote on whether to discontinue the Australian ballot would be taken by
Australian ballot, since it is a public question. 17 V.S.A. § 2680(d).
(If the school district voted to adopt only the budget by Australian
ballot, then the vote to discontinue must come at a traditional
floor-type meeting.
5 Australian Ballot is Not A Paper Ballot. People often confuse
the terms "written ballot" and "Australian ballot." The two are
different. A written ballot is a paper ballot vote used at a
traditional school district or town meeting. An Australian ballot vote
refers to the practice of voting at designated polling places during
designated polling hours (usually, 7 a.m.-7 p.m.) with printed ballots
that are available twenty days prior to the school district or town
meeting and 30 days prior to state primary or general elections for
absentee voting.
6 Union School Officers Take Office on July 1st,
Except for Moderator. According to law, "union district officers
elected at an annual meeting shall enter upon their duties on July 1
following their election and shall serve a term of one year or until
their successors are elected and qualified, except that if the voters
at an annual meeting so vote, moderators elected at an annual meeting
shall assume office upon election and shall serve for a term of one
year or until their successors are elected and qualified." The law
also provides that school directors elected at an annual meeting shall
assume office upon election and shall serve a term of three years or
until their successors are elected and qualified. 16 V.S.A. § 706k.
7 Not Every Local Official Must Get Paid. While some officers,
such as clerk, treasurer and tax collector have fees set out by
statute, Vermont law states that unless compensation is fixed by law
or by vote of the town or town school district, local officials cannot
demand payment for their services to the town. However, the law
provides that if an official makes a request for payment the auditors
must report the claim as well as the nature and extent of the services
at town meeting. 24 V.S.A. § 931.
8 Town Voters or Selectboard May Set Salary. A town may vote to
compensate any or all town officers for their official services. 24
V.S.A. § 932. However, when a town does not set a salary or
stipend for an officer (or for town employees) the selectboard may fix
the salary. Note that they may not set their own salary – but the
auditors can fix the selectboard’s salary at the time of the annual
town audit. Or, if the town has voted to eliminate the office of
auditor and the voters fail to fix the compensation to be paid to
members of the selectboard, selectboard members shall be compensated
at the rate at which they were compensated during the immediately
preceding year. 24 V.S.A. § 933.
9 Property Bought At Tax Sale Must Be Sold In Arms-Length
Transaction. The town bought property at tax sale five years back
and a neighbor has asked to purchase the property. The selectboard has
an obligation to both the taxpayers of the town and to the delinquent
taxpayer who last owned the property to sell the parcel for the
highest price possible. The best practice is to try to sell the
property for fair market value and allow all members of the public to
place a bid or make an offer on the property. Any money that is
received by the town in excesses of the taxes, fees, penalties,
carrying costs, lost tax revenue and any other costs to the town
associated with the property is remitted to the delinquent taxpayer.
Bogie v. Barnet, 129 Vt. 46 (1970).
10 Selectboard Must Elect Chair and Set Meeting. At its first
meeting following Annual Meeting the selectboard is required to elect
a chair, a clerk (of the board), adopt a rules of procedure (Roberts
Rules for Small Boards, or any other rules, including ones made up by
the board) and set the schedule for its regular meetings. The board
should also decide how the agenda is created. In some towns the chair
does it on his or her own, but the best practice is to allow all
members of the board a chance to add items to be discussed. At its
organizational meeting the board must also appoint people to fill the
offices of fence viewers (3), a poundkeeper, inspectors of lumber,
shingles and wood, weighers of coal, and a tree warden. 24 V.S.A. §
871.
11 Teacher May Serve on Selectboard. There is no conflict for a
teacher to serve on the selectboard in the district where he or she
teaches. This is in contrast to the prohibition that exists that
prevents a teacher from serving on the school board in the supervisory
union in which he or she teaches. 16 V.S.A. § 558.
12 Selectboard May Go Into Executive Session To Discuss Other
Officials. The law speaks of both employees and "public officers"
when it permits a board to go into executive session to discuss
personnel issues. This authorizes the selectboard to discuss
complaints or concerns related solely to other elected officials –
even though the board may have no legal authority to direct the
actions of those independent officials. 1. V.S.A. § 313.
13 Board Must Generally Discuss Only Those Matters That Appear On
Their Agenda. The open meeting law requires boards to make an
agenda available some time before the meeting of a public body. 1
V.S.A. § 312(d). This rule exists so that members of the press and
public can have some idea of what is to be discussed so that they can
decide whether to attend the meeting. For this reason if a board
discusses a matter that is not on the agenda it must ratify any
decision at a later meeting or risk having a court invalidate the
earlier action. 1 V.S.A. § 312(a)
14 Citizens May Record or Videotape Public Meetings. No law
would permit a board to prevent the press or a member of the public
from videotaping or audiotaping a public meeting of the board. The
board chair may, however, establish reasonable rules to prevent the
taping from being intrusive or from disrupting the meeting (although
the discomfort of members of the board or public is not reason enough
to limit such recordings.)
15 Official Can be Personally Liable For Intentionally Keeping
Someone From A Public Meeting. One exception to the general rule
that public officials cannot be held personally liable for their
official actions is 1 V.S.A. § 314 (a). This statute provides that "a
person who is a member of a public body and who knowingly and
intentionally violates the [open meeting law] or who knowingly and
intentionally participates in the wrongful exclusion of any person or
persons from any meeting . . . shall be guilty of a misdemeanor and
shall be fined not more than $500.00."
16 Laws That Apply To Towns And Town Officers Apply To All
Municipal Corporations. Vermont law specifically provides that
"the laws applicable to the inhabitants and officers of towns shall be
applicable to the inhabitants and similar officers of all municipal
corporations." Note that this section of the law does not override the
general rule that individual municipal charters or special laws that
apply to particular municipalities will govern over the general law. 1
V.S.A. § 139.
17 How To Compute Time. When the law requires an action to be
taken within a certain number of days from a particular action or
date, the date or day when such act is done is not included in the
computation unless the law specifically requires. 1 V.S.A. § 138. This
means that when a decision of a board must be rendered within sixty
days of the final hearing of the board, the day after the final
hearing is counted as the first of the sixty days.
18 Selectboard Member Who Has Liquor License May Not Participate In
Liquor Control Board Matters. The selectboard serves as the local
liquor control commissioners for their town. 7 V.S.A. § 166. However,
a member of a local control board to whom or on behalf of whom a first
or second class license was issued by that board shall not participate
in any control board action regarding any first or second class
license. 7 V.S.A. § 223. If a majority of the members of a local
control board is unable to participate in a control board action, that
action shall be referred to the state liquor control board. In
addition, any application for a first or second class license by or on
behalf of a member of the local control board or a complaint or
disciplinary action regarding a first or second class license issued
by a board on which any member is a licensee shall be referred to the
state liquor control board for investigation and action.
19 No Requirement To Bid Town Contracts. No law requires the
selectboard to put out to bid contracts for the town. The board has a
fiduciary responsibility to the taxpayers to enter into contracts that
are prudent and in the best interest of the town, but unless the board
adopts a bidding policy, no open bidding is required. This is in
contrast to the rules that govern school district contracts. These
rules require public bids when the cost exceeds $15,000 for the
construction, purchase, lease, or improvement of any school building,
the purchase or lease of any item or items required for supply,
equipment, maintenance, repair, or transportation of students or for a
contract for transportation, maintenance, or repair services. 16 V.S.A.
§ 559. Additional rules apply when a school construction contract
exceeds $500,000.
20 Selectboard Cannot Create Permanent Easement For Access To
Landlocked Parcel. When an individual purchases landlocked land he
or she must go to court to try to establish an implied easement or
right of way to the land. The selectboard has no authority to grant an
easement over private property. However, the law permits the
selectboard to lay out a temporary easement for the purpose of
removing lumber. The law states that "if it becomes necessary for the
practical removal of lumber, wood, or other material, to pass through
the lands of a person other than those of the owner of the land from
which the lumber, wood or other material is to be removed, the
selectmen may lay out a right-of-way through the land of any person
for these purposes." 19 V.S.A. § 958.
21 Bylaws Will Not Be Invalidated For Failure To Comply With
Adoption Procedures. The law provides that a court may not
invalidate a plan or bylaw or its amendment or repeal because of a
failure to adhere to strict and literal requirements concerning minor
or nonessential particulars. The court must uphold the plan, bylaw or
action if there has been substantial compliance with the procedural
requirements of this chapter. In addition, the law prohibits a person
from challenging the validity of a plan or bylaw for procedural
defects after two years following the day on which the bylaw or plan
took effect (or would have taken effect if no defect had occurred.) 24
V.S.A. § 4462
Errata: In January, Opinion 10 we stated: "A Vote is required to spend
surplus or money left over in the highway or general fund in the next
fiscal year. The selectboard does not have any authority to spend
money left over from the FY 2004 budget in the next fiscal year unless an
article is submitted and approved by the voters. If you can anticipate a
surplus because you will not be completing a project this year, you can
include an article on the annual meeting warning in March." While this is
generally true, 19 V.S.A. § 312 provides that
"The funds raised from town highway taxes shall not be used for any
purpose other than that for which the tax was voted, subject to the
provisions of this chapter. If in any year money so voted is not expended,
it shall be applied for the same purpose the following year." This permits
a town to complete highway projects that may take more than one year,
without having to go back to the voters for authority to spend.
In our monthly Opinions we provide what we believe the law requires based
upon our legal judgment, years of observing Vermont’s local government
practices, and Vermont Court decisions. This information is intended as a
reference guide only and should not replace the advice of legal counsel.
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Homepage
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Mark Your Calendar with the
Vermont League of Cities and Towns' Upcoming Events! |
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More information can be found at www.vlct.org, email us at
info@vlct.org or
call 800/649-7915 or 802/229-9111.
March 2004
Thursday, March 11: Planning & Zoning Series #3: Child Care Facilities,
Vermont Interactive TV
The 2003 legislative session added a new planning goal to 24 VSA Chapter
117: ensure the availability of safe and affordable childcare and integrate
childcare into the planning process. This evening workshop will provide
guidance in implementing this new goal.
Thursday, March 18: Town Highways, Suzanna’s Restaurant, Berlin
With 80 percent of the state’s roads under local stewardship, town highway
maintenance is of great concern to citizens and businesses. This workshop
will focus on the legal, pragmatic, and budgetary concerns involved in
managing a town highway system.
April 2004
Wednesday, April 7 Personnel #2: A Field Guide to
Personnel Law
Suzanna's Restaurant, Berlin
Should this employee be exempt or non-exempt? Hourly or salaried? Which
officials
are employees and which are "officers?" This workshop will consider these
questions and
others in light of the Fair Labor Standards Act (FLSA) and other state and
federal laws.
Thursday, April 22 Legal Aspects of Property Taxes
Capitol Plaza Hotel, Montpelier
This highly popular workshop will examine the legal issues and process
requirements for
assessing property, hearing appeals of assessments, and issuing a decision.
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Homepage
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Is Your Polling Place Accessible?
Secretary of State's Office
Offers Grants to Towns |
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The Help America Vote Act (HAVA) created a grant program entitled the
Election Assistance for Individuals with Disabilities program (EAID).
The EAID is overseen by the Secretary of State, to help ensure that
individuals with disabilities have access to polling places and may
vote privately and independently.
The EAID program provides $100,000 to each participating state to support
projects that make polling places physically accessible, that helps permit
individuals with disabilities to vote privately and independently, provides
training to elections officials to help them better accommodate voters with
disabilities, and to conduct outreach to voters with disabilities to
encourage their participation in the state’s elections.
Vermont municipalities are encouraged to apply to receive funds to ensure
particular polling facilities are accessible to individuals with a full
range of disabilities. This may include but is not limited to making
accessible the path of travel, entrances, exits, and voting areas of each
polling facility with activities such as paving parking areas, building
ramps inside/outside buildings, building curb cuts, and replacing door knobs
with lever handles. In addition, grants may be awarded to individuals or
organizations to assess the accessibility of polling places and to recommend
steps to make the polling places fully accessible to voters with
disabilities.
All proposals must be typewritten on one side of standard (8 ½" x 11")
unruled white paper. Statement of Work must not exceed five (5) pages.
Completed proposals must be received at the Secretary of State’s Office,
address below, no later than 4:30 on March 19, 2004. Proposals received
after that time will only be accepted for review with permission of the
Secretary of State.
For more information about Vermont’s EAID grant program visit
/elections_assistance_rfp.html or call Linda
Hall at
(802)828-0586 or e-mail her at
lhall@sec.state.vt.us
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After Town
Meeting: A Checklist
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1. FINISH THE MINUTES: The Town Clerk is obliged to prepare
the minutes of town meeting and have them approved by two people
from among the following officers-selectboard member, moderator,
or justices of the peace. This must be done within seven days of
the meeting. 24 V.S.A. § 1152.
2. GET ORGANIZED: "Forthwith," the statute announces, the
selectboard must meet, elect a chair, a clerk (of the board), and
let the town clerk know your decision. At this meeting, you will
also need to appoint three fence viewers, a poundkeeper,
inspectors of lumber, shingles and wood, weighers of coal, and a
tree warden. 24 V.S.A. § 871. The same process should be followed
by any board, including auditors, listers, the board of civil
authority, the board for abatement of taxes, planning commission,
and zoning board of adjustment, and any others. Take up the issue
at your first meeting, elect a chair, set your regular meeting
schedule and let the town clerk know about it.
3. SETTLE: Immediately after town meeting, if not before,
auditors need to "settle" with former town officers. If a new
delinquent tax collector has been elected, for instance, the
former DTC must pay over all funds collected to date and make a
complete accounting of the taxes still owed. 24 V.S.A. § 1578. All
papers in the collector’s hands are also to be turned over to the
successor collector.
4. GET SWORN: Town clerks, select board members,
constables, listers, grand jurors and fence viewers and the school
board must be sworn in before taking office. 24 V.S.A. § 831. See
the town clerk for forms, or look at the oath in Chapter II,
Section 56 of the Vermont Constitution, in the first volume of
Vermont reports.
5. GET BONDED: School directors, constables, road
commissioners, collectors of taxes, treasurers, and town clerk
must be bonded before taking office. 24 V.S.A. § 832. The
selectboard sets the amount. This is usually done through your
insurance company. The town or school district pays for the bonds,
not the officers. 24 V.S.A. § 835.
6. TELL WHO WAS ELECTED: Newly elected town clerks must
file the certificate of their election with the county clerk,
signed by the moderator of the meeting, within five days of the
election. File a copy of your oath of office as well. 24 V.S.A. §
1151. The clerk should also write the state treasurer to tell him
the name of the new town treasurer. 24 V.S.A. § 1166. Actually,
this must be done before July 1, but why not do it now and get it
out of the way? Within five days of town meeting, the clerk should
also send each lister’s name, mailing address, and length of term
to the commissioner of taxes. 24 V.S.A. § 1168. Send the name and
address of the constable to the county clerk. 24 V.S.A. § 1169.
7. APPOINT ASSISTANTS: Town clerks and treasurers must have
assistants. They should be appointed following the beginning of
each new term, and the appointment recorded. 24 V.S.A. §§ 1170,
1573. Send the county clerk a copy of the appointment of the
assistant town clerk and of the assistant’s subscribed oath. 24
V.S.A. § 1172.
8. LEARN THE OPEN MEETING AND PUBLIC RECORDS LAWS: Read
them. They are found back to back in the first volume of the
Vermont Statutes Annotated, at 1 V.S.A. §§ 310-320. Everything is
open unless you can find a reason to close it in these laws. Don’t
meet with a quorum of your board without public notice. That’s
against the law. See the Pocket Guide To The Open Meetings Law
as well as our publication A Matter of Public Record: A Guide
to Vermont’s Public Records Law on our website for details.
9. LEARN HOW TO ASK FOR HELP: Everybody helps everybody in
Vermont. Call those who held the office before you. Call those who
hold the same office but in another town. Call us. Call the League
of Cities and Towns. Call state offices. There’s no reason not to
ask for help. Everything is complicated at first. For contact
information for town clerks throughout our state visit the
municipal section of our website.
10. LEARN HOW TO DEAL WITH THE PUBLIC: You are a public
officer. That means you are available to help, answer questions,
find official paperwork, and anything else people ask of you.
There are limits, of course. You don’t need to be abused. But as
long as the public remains civil, you should try to help.
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of State's Homepage
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Driver's License Safety Sticker Program |
The Vermont Driver’s License Safety Sticker Program was established in
1996 to help improve communication between Vermonters who are deaf or
hard of hearing and police and rescue workers. The Secretary of State
has prepared two stickers which individuals with a hearing loss may
apply to their operator’s license, permit or non–driver identification
card to alert police officers and rescue workers that they may not
understand everything said to them.
The program is voluntary. The stickers do not indicate a
restriction of any kind; they are for informational purposes only to
facilitate communication. The Department of Motor Vehicles will not
create or keep any record of participants.
How the program works. Any Vermonter who
is hard of hearing or deaf may affix a brightly colored sticker with
the word "DEAF" or the words "Hard of Hearing – Speak Clearly" to the
upper right hand corner of the back of his or her operator’s license,
permit, or non- driver identification card. A person who is stopped by
a police officer or is in an accident and requires assistance can
present his or her license or identification with the back showing so
the officer or rescue worker easily sees the sticker. This should help
prevent miscommunication and improve service to the individual who is
using the sticker.
Stickers may be obtained directly from the Office of
Secretary of State by calling (802) 828-2363 or faxing a request to
(802) 828-2496.
The Office of Professional Regulation will also distribute the
stickers through the Offices of Vocational Rehabilitation, through
licensed distributors of hearing aids, and through audiologists. Some
divisions of the Department of Motor Vehicles may also make these
stickers available. 
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UCC Fees Increased |
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The governor
recently signed into law a bill that raises the UCC filing fees from
$10.00 to $20.00. Now, fees for filing UCCs in the town office is
$20.00, the fees for responding to a request for information and for
issuing a certificate showing whether there is on file any financing
statement naming a particular debtor is $20.00 plus $0.50 per page for
copying. UCC terminations also cost $20.00. The town may continue to
charge $6.00 a page for recording attachments that come with the UCC
filing. As most of you know, in 1994 the legislature revised the
Uniform Commercial Code so that very few UCCs are filed in the
municipal office. Today, only fixture filings and filings related to
timber and mineral collateral must be filed locally. (A "fixture" is
property that is affixed to real estate such as shelves or a walk-in
cooler that is built into or bolted to the floor of a building.) UCCs
are filed in your UCC book, and not generally in the land records.
However, as you know, if someone asks you to file the UCC in the land
records, and pays the recording fees, you probably do not have
authority to say no to the request.
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Thank You and Good Luck |
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We want to wish the best to Salisbury Town Clerk June Hadley
who retired from office. She should be proud of her service to the
Town of Salisbury and to the State of Vermont.
We wish her well in her future endeavors!
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Mailing List Updates |
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Help us
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March
2004 Calendar |
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March 1:
· In towns using Australian
Ballot, an early or absentee voter, or an authorized family member
or health care provider acting on the voter’s behalf, may request an
early voter absentee ballot until 5:00 p.m. or the closing of the
Town Clerk’s office. 17:2531(a), 2532(a)
· Board of Civil Authority
must appoint a Presiding Officer if the Town Clerk or other regular
Presiding Officer is unable to preside at the Australian Ballot
portion of Town Meeting or if more than one polling place is used.
17:2452
· Prior to the day of the
election, Board of Civil Authority must appoint Assistant Election
Officers to work at the polling place(s) and may provide them with
guidance in the conduct of their election duties. 17:2451, 17:2454
· Last day for Board of Civil
Authority to meet to revise checklist before Town Meeting. 17:2142
· Last day for legislative
body to hold public informational hearing on any public question to
be voted by Australian Ballot at Town Meeting. 17:2680(g)
March 2:
· TOWN MEETING DAY and
PRESIDENTIAL PRIMARY (First Tuesday in March). 1:371, 17:2640(a),
17:2701
· At all elections using the
Australian Ballot system the polls shall open no earlier than 5:00
a.m. and no later than 10:00 a.m. (Opening hour set by the Board of
Civil Authority) Polls remain open until 7:00 p.m. 17:2494, 17:2561,
17:2561(a)
· (Before polls open) In towns
using Australian Ballot, Town Clerk must give Election Officials a
list of those voters who have already cast early or absentee voter
ballots, post the warning, notice, and sample ballot of each polling
place(s). 17:2548(a). A copy of the list of early or absentee voters
must be made available upon request at the Town Clerk’s office and
on election day at polling place(s). 17:2534
· During polling hours,
Presiding Officer must ensure that there is no campaigning of any
kind and no campaign literature displayed, placed or distributed
inside the polling place. On walks and driveways leading to a
polling place, no candidate or other person may physically interfere
with the progress of a voter to and from the polling place. 17:2508
· For those who became
eligible to vote after the second Monday prior to Town Meeting and
had notified the Town Clerk of intent to apply for addition to the
checklist, the Town Clerk may act on applications until polls are
closed. 17:2144(c), 2144b(b)
· Moderator opens business for
the open meeting at the time established by legislative body.
17:2655, 2657
· In towns using Australian
Ballot, as soon as possible after the polls close, Town Clerk or
other Presiding Officer must examine entrance and exit checklists
and prepare a statement of discrepancies. Presiding Officer directs
Election Officials in counting ballots. Election Officials must seal
all ballots, exit checklist(s) (or read-out sheets and other voting
machine materials) and tally sheets. 17:2581 to 2590.
March 3: (No later than 24 hours after polls closed) Presiding
Officer and one other Election Official shall transfer the totals from
the summary sheets to the return and both sign the return. 17:2588
March 4:
· (Within two days after polls
closed) Town Clerk must notify each provisional voter of acceptance
or reasons for rejection of voter’s attestation. 17:2557(b)
· (Within 48 hours after polls
closed) Town Clerk shall deliver to the Secretary of State one
certified copy of the official return of vote form for the
Presidential Primary. 17:2588
March 7: (Within five days after Town Meeting) Town Clerk must
certify financial actions of Town Meeting to Treasurer and to Chair of
the Selectboard. 24:1167
March 8: (Within six days after Town Meeting) Town Clerk is to
report to the Director of Property Valuation and Review on method
adopted at Town Meeting for collection of taxes. 32:5167
March 9: (Within seven days after election) Last day for
Selectboard or Town Clerk to warn a run-off election if there was a
tie vote for any Australian Ballot race at Town Meeting. 17:2682(e)
March 12:
· (Within 10 days after
election) Last day for a defeated local candidate requesting recount
of an election voted by Australian Ballot to file a petition with
the Town Clerk. 17:2683
· (Within 10 days after the
election) Deadline for a voter to file a request for a recount with
the Town Clerk of any issue voted by Australian Ballot. 17:2688
· (Within 10 days after Town
Meeting) Last day for Town Clerk to certify to Secretary of State
facts of origin and procedure followed for each municipal charter
amendment proposal. Clerk shall also certify the result of any vote
required before an act of the General Assembly takes effect.
17:2663, 2645(b)
· Last day for a local
candidate who has made expenditures or accepted contributions of
$500 or more to file a campaign finance report with the Town Clerk.
17:2822
March 17: (Within 15 days after an election) Last day a voter
may contest the results of an Australian Ballot local election by
filing a complaint with Superior Court. 17:2603(c)
March 18: (15 days after the warning of the run-off election)
First day a run-off election may be held. 17:2682(e)
March 31: (22 days after warning; warning within seven days
after election) Last day a run-off election may be held. 17:2682(e)
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April 2004 Calendar |
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April 1:
· Last day for dog or wolf-hybrid
licensing. 20:3581
· Base date for setting appraisal value and
determining ownership of real and personal property. 32:3482
· Last day for Town Clerk to furnish Listers
with transfer book for preceding 12-month period. 32:3485(a)
· (Within 30 days of Town Meeting) Last day
legislative body can accept petition signed by five percent of the
registered voters requesting reconsideration or rescission of a Town
Meeting article. 17:2661(b)
April 15: Last day for Selectboard to notify Commissioner of
PATH of appointment of Town Service Officer. 33:2102
April 20: Last day for return of personal property inventories
to Listers. 32:4004
April 25: State Withholding Tax Return is due (actual date by
which return must be postmarked is shown on the return) if reporting
less than $2,500 per quarter. More than $2,500 requires monthly
report; more than $9,000 requires semiweekly report. 32:5842
April 30:
- Last day for Listers to receive applications for
tax exemption due to disabled veteran status. 32:3802(11)
- Last day to file Form 941 (Quarterly Withholding Return) with
the IRS.
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