Office of the Vermont Secretary of State - www.sec.state.vt.us 26 Terrace Street, Montpelier, VT 05609-1101 : Phone 802-828-2363 |
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Voice from the Vault | ||||
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Some Archival Dribble So, it turns out that history does repeat itself. This thought is inspired by the announcement that WCAX will re-broadcast the entire UVM-Syracuse basketball game. One suspects, given the midnight starting time, that the station anticipates Vermonters recording the broadcast for future enjoyment for however long their recording medium and interest persist. And yet, the original NCAA tournament game can never really be repeated. What elevated the game to instant cultural reference point was that wonderful mix of hope (for a UVM victory), expectation (UVM had never beaten a ranked team) and uncertainty (how would hope and expectation play out on the court). That mix only comes from not knowing the outcome; without uncertainty, the whole viewing experience is altered. These thoughts, in turn, were inspired by the legislature’s move to designate January as Vermont Independence Month in recognition of Vermont’s dual declarations of independence from both Great Britain and New York on January 15, 1777. It is worth pausing here to celebrate John and Linda Whitney, who took it upon themselves to research Vermont’s declaration of independence and to lobby for designating January 15 th as Vermont Independence Day. It is their hope that having an independence day will encourage the study of Vermont’s history. After much research the Whitney’s located the original 1777 declaration at the National Archives. Through their generosity the State Archives and the Vermont Historical Society received copies of the document .The Whitney’s efforts struck a responsive chord within the legislature, which has demonstrated a persisting interest in reviving the teaching of civics; indeed, there are currently three bills and one resolution supporting the teaching of civics: H. 24, H. 425, S. 119, and J.R.H. 25. By expanding the Whitney’s original effort to embrace a month long observance, teachers and other Vermonters have an opportunity to promote both history and civics. Which leads me back to the re-broadcast of the UVM – Syracuse basketball game. Knowing the outcome, can we ever re-capture the hopes, expectations, and uncertainties of Vermont’s founders as they pushed the boundaries of political understanding by declaring independence? Can we ever adequately convey what it must have been like to risk life, family and property in pursuit of a civic vision? Or is any of that important? Isn’t enough to simply know that these events took place and accomplished these goals? Isn’t it enough, as a civics or history lesson, to interpret the surviving documents to get at core issues of government and governance? Vermont Independence Month, for example, would readily lend itself to understanding the founders’ concept of the social contract. The declaration of independence enumerates grievances that, in their entirety, gave weight to the argument that the governing authorities had abrogated their obligations under the social contract, leaving Vermont in a state of nature. Reviewing those grievances provides one tool for looking at the nature of social contracts. Being in a state of nature freed the founders to draft a new social contract (the 1777 Constitution), the provisions of which give further insights into their understandings of the mix of rights, privileges and obligations that constitute an effective social contract. Such an examination of the social contract would meet the legislature and the Whitney’s educational goals. Still, viewing the outcomes of the Vermont experience as inevitable, our view narrows and our understanding is diminished. There was nothing inevitable about how the relations of church and state or the role of women as citizens, for example, were either codified in our original social contract or continue to be re-defined over time. It is an interesting archival challenge. We have an increasingly vast array of historical records from which to capture events. Thanks to audio and video technologies we can now hear and see events unfold (or at least hear and see what the recorder chooses for us to hear and see). So what do we attempt to capture to provide the essence of an event? And yet even with these tools, that moment of uncertainty, of unknowing, remains elusive. And so we record and "re-live" the game knowing that at the final buzzer, victory, and Michigan State, inevitably await. Table
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1. Board should not regularly decide new issues as part of "Other Business." It is typical for boards to include "other business" on their meeting agendas. This enables the board to deal with issues that are brought forward by members of the public - or issues that arise after the meeting agenda is prepared. Although there is no statute prohibiting taking binding action under this agenda item (as there is prohibiting such action at the annual meeting of the town), we recommend that towns postpone taking significant action that legally binds the town (like entering into a contract or adopting an ordinance) until it can be placed on the agenda - and that any binding action that a board chooses to take under this agenda item be later ratified at a meeting of the board wherein the item appears on the agenda. This is because the purpose of the agenda is to let the public have an idea of what is going to be covered in a meeting so that, if it is of interest, they can attend and comment on the issue. It could be argued that without later ratification making decisions during the "other business" portion of the meeting violates the spirit of the open meeting law. 2. Clerks Can Decline To Give Out Information Over the Phone. Clerks regularly get requests for addresses of people in their town or to look up other information in town records for a caller. While the law requires the clerk to provide access to public records no law requires the clerk to give out information over the phone. 3. A lister can be a justice of the peace, but a lister/justice of the peace cannot participate in tax appeal hearings. Many small towns have difficulty finding people to serve in various offices. It is legally permissible (i.e., there is no statutory conflict or prohibition) for a person to be elected as a lister and as a Justice of the Peace. The lister can take an active role in election duties, except when the person is in a contested race for his lister office. However, the lister cannot sit on the BCA for the purposes of tax appeals because the appeal is from the lister’s determination of value. 4. On appeal, the BCA may increase, decrease or sustain the appraisal. Once a taxpayer appeals the value given to his or her property, the BCA must determine the fair market value of the property. This value may be the same, less, or even more if the BCA determines the market value is higher. The same is true for further appeals to the State Board of Appraisers or the Superior Court. 32 V.S.A. §4409. 5. Taxpayer who wins appeal may credit the difference against future taxes. If a taxpayer succeeds on appeal, then he or she is entitled to a credit from the municipality. If the municipality has voted to collect interest on delinquent taxes, then the taxpayer must be repaid interest at the same rate. A municipality can choose to pay the taxpayer in a lump sum, but the statute only mandates a credit. 32 V.S.A. §4469, §5136. 6. The time for dog licensing and tags is here. Just a brief reminder that dogs must wear the "license" tag required by Vermont law. This tag is sufficient proof that the dog has been vaccinated for rabies. An additional "rabies" tag is not required. 20 V.S.A. §3581(a). 7. Dog owners must pay 50% penalty for late license. Vermont law requires all dog and wolf-hybrid owners (where the animal is more than six months old) to license their animals annually on or before April 1. These licenses cost $4.00 for each neutered dog or wolf-hybrid, and $8.00 for each un-neutered dog or wolf-hybrid. If the license fee for any dog or wolf-hybrid is not paid by April 1, the owner must pay an additional fee of fifty percent in excess of that otherwise required. 20 V.S.A. § 3581. 8. Animal control officer or constable may impound dog running at large. The Selectboard may adopt an animal control ordinance that regulates the keeping of dogs and wolf-hybrids and their running at large. 20 V.S.A. § 3549. This ordinance may prohibit animals from running at large. Even without such an ordinance, because of concern over exposure to rabies, if the animal control officer knows who owns a dog, it may nevertheless impound the animal and require the owner to identify and provide proof of registration (and that it has a current rabies certificate.) The owner can be charged the costs of impoundment and any damages that may have been caused by the animal. 9. Poundkeeper can be nonresident. The poundkeeper cares for animals that are impounded by the town. He or she is appointed by the Selectboard, and can be a nonresident. 24 V.S.A. § 871(2). While all towns are required to maintain a pound, it is possible to use a pound in an adjacent town with the consent of that town. Note that an animal owner may sue a poundkeeper for lack of care. Vermont law requires the poundkeeper to supply the animal in his or her care with food and water. 20 V.S.A. § 3412. 10. Unclaimed animals may be sold. If the owner of an impounded animal does not claim the animal the poundkeeper may sell the animal after giving the owner 48 hours notice, if the owner is known, or if the owner is unknown, by posting notices within the town and adjoining towns describing the animal and the time and place where it is impounded. The animal may be sold thirty days after this notice is completed. 20 V.S.A. 3421. Note that any proceeds from the sale, in excess of the expenses of impounding, advertising and selling the animal, and paying for any damages caused by the animal must be kept by the town treasurer to pay to the animal’s former owner if the owner requests the payment within one year of the sale. 20 V.S.A. § 3422. 11. Election of officers cannot be reconsidered. 17 V.S.A. §2661 provides a method for reconsideration of public questions, and budgets, but the law does not permit the election of officers to 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 the challenger must allege either error sufficient to change the outcome of the election, fraud in the process sufficient to change the result, or that for any other reason, the election is not valid. 12. Petitions to reconsider require a special town meeting within 60 days. The legislative body must call a special meeting within 60 days of the submission of petitions to reconsider that are properly filed. 17 V.S.A. §2661. We hope that town, school, and union school officials will all coordinate the setting of special meeting dates to minimize voter confusion. 13. Town must turn over tax sale profit to delinquent taxpayer. When a town conducts a tax sale and receives more than the taxes, penalty, interest, collection fees and legal fees owed, the town must turn over the excess funds to the delinquent taxpayer at the time the property is not redeemed. In addition, if the town purchases property at tax sale and later sells the property for a profit, the town is still required to turn over to the taxpayer all excess funds it receives (minus all costs to the town including lost taxes on the property while it was owned by the town, any maintenance costs and the costs of the sale.) The Vermont Supreme Court has held that the town cannot be unjustly enriched or profit from the tax sale. Bogie v. Town of Barnet et al., 129 Vt. 46 (1970). 14. Voters can petition for vote to disapprove ordinance. Vermont law permits 5% of the legal voters to petition the selectboard for a vote to disapprove an ordinance adopted by the board. The petition must be submitted within 44 days after the ordinance has been adopted. 24 V.S.A. §1973. 15. Vote to disapprove ordinance must be by Australian ballot. It is our opinion that the vote to disapprove an ordinance adopted by the Selectboard must be by Australian ballot. Although chapter 59 of Title 24 does not specifically mention "Australian ballot", subsection 1973(d) requires that "not less than two copies of the ordinance shall be posted at each polling place during the hours of voting." This language clearly contemplates that the referendum will be by Australian ballot. 16. Voters may not petition for adoption of ordinance – except for ethics ordinances. Because the law specifically provides that it is the legislative body that has the authority to adopt ordinances, voters may not initiate the adoption of an ordinance by petitioning the Selectboard for a vote on a proposed ordinance. 24 V.S.A. § 1972. The only exception to this rule is with the adoption of ethics ordinances. The legislature has specifically empowered voters to initiate such local legislation. 24 V.S.A. § 1984. 17. The Constitutional qualifications for residency for County officers are not clear. Our conservative advice is that at a minimum a person should be a legal voter of the county at the time of election. Chapter II, Article 50 states that the county officers "shall be elected by the voters of their respective districts as established by law." No additional requirements have been added in the statutes. A clarification regarding residency may be something that the legislature may want to consider in a future session. 18. Budget revote must be done in the same manner original vote was taken. When a school district has previously voted to adopt its budget by Australian ballot, and the budget is rejected at an Australian ballot election, the law provides that the School Board must prepare a revised budget, and set a date for another Australian ballot vote on the revised budget. 17 V.S.A.§2680(c). The budget revote must be by Australian ballot, even if the voters approved an article to discontinue the use of the Australian ballot at the annual meeting that was just held. This is because the law contemplates use of the same system of voting until a budget is passed. A recent Vermont Supreme Court case on an analogous set of facts confirms this interpretation. The court held that a vote on the reconsideration of an article must be done using the same voting system as the system used for the original vote. Note that the meeting’s vote to rescind the Australian Ballot will apply to the next annual meeting. 19. Adjourned meeting is limited to original warning. If an annual meeting is adjourned to a date certain to continue the meeting, the adjourned session can only include completion of voting and discussion of articles that were in the original warning. New articles cannot be added. The adjourned session is a continuation of the original meeting. If the deadline for posting of the warning has passed, and your board has thought of another article which you want voted, you will need to either warn a special meeting or save it for next year. 20. Vote to elect road and water commissioners must be done at Annual Meeting. Voters may petition to make the road and or water commissioner positions elected rather than appointed by the selectboard. However, the law is specific that this issue may only be voted at an annual meeting of the town. For this reason, petitions for a vote on this issue may only be accepted for the Annual Meeting. 17 V.S.A. § 2652. 21. Requests for tax abatement can be made by anyone. There is no law that limits the right to request tax abatement to the taxpayer alone. This means that anyone can request abatement for a property – whether it is the delinquent tax collector, a family member of the property owner, the town treasurer or the selectboard. 22. Selectboard member may hold office hours. There is no law that would prevent a selectboard member from holding office hours so that the pubic can come to discuss issues or concerns they may have about the town. Note, however, that a board member has NO AUTHORITY to act independently of the board. 1 V.S.A. § 172. As a practical matter this means that the board member may offer to bring the citizen concerns to the board but cannot guarantee any particular action on those concerns. 23. Salaries voted at town meeting generally don’t go into effect until the next budget year. The budget voted at town meeting does not go into effect until the town enters its new fiscal year (usually July 1st, but in some towns - January 1st.) This means that any salary increase voted at town meeting will not be effective until the new fiscal year begins, unless the vote made those increases retroactive by specifying when they were to become effective. 24. Clerk to selectboard may not serve as auditor. The law provides that the auditor may not be a town clerk, town treasurer, selectboard member, first constable, collector of current or delinquent taxes, trustee of public funds, town manager, road commissioner, water commissioner, sewage system commissioner, sewage disposal commissioner or town district school director. The law also prohibits a spouse of, or any person assisting any of these officers in the discharge of their official duties, from holding office as auditor. 17 V.S.A. § 2647. 25. Selectboard Member May Serve As Road Commissioner. It is legally permissible – and common in practice – for a person to serve as both road commissioner and as a Selectboard member. The road commissioner does not have any independent authority – and only does what the Selectboard has delegated to him or her. For this reason it is often convenient for the commissioner to also serve on the board. Note, however, that if the road commissioner receives payment for his or her services, that board member should not participate in decisions about salary and benefits. 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. Table of Contents | Past Issues of Opinions | Secretary of State's Homepage |
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Civics: Behind the Scenes | ||||
Safe At Home Program Can Save Lives! April 10 through 16 is National Crime Victims’ Rights week. This week and throughout the year many Vermonters work hard to ensure that, in the aftermath of crime, victims are treated with compassion and dignity. There are programs to help victims of crimes secure their rights under the law and there are services that offer them help and hope. One of these services is the Secretary of State's Safe at Home program. The Safe at Home program is designed to prevent victims of domestic violence, sexual assault or stalking from being tracked down through the public records system. This office discovered that offenders could use the rules that require government records to be made available for public inspection to locate and then harm the victims of their crimes. Rather than responding by closing the public records, we worked with law enforcement and victim advocacy groups to craft a system to help keep victims’ locations confidential. Safe at Home helps participants keep their home, work and school addresses confidential by providing a substitute address to use when creating or updating public records, including records in the town office. Their mail is then forwarded to their confidential address. The Safe at Home program is an important part of the service network that is available to help protect Vermont’s victims of domestic violence, sexual assault and stalking. No one should have to live in fear. If you know someone who is in danger and could benefit from the Safe at Home program call the Secretary of State’s Office to see if the Safe at Home program can help. It’s easy and it’s free. For more information call toll free at 1-800-439-8683 or access our website at www.sec.state.vt.us Is it Time For a Tune-up? You go to the dentist twice a year for a check-up, usually not because you have a known problem but because you want to know if there is one you haven’t noticed. Some annual check-up is also probably done on your furnace, your car, and your dog. So why not the town? As your boards reorganize after town meeting, it’s a perfect time to do a good, thorough once-over, top-to-bottom review of how things are done, to find what needs to be replaced, what needs more attention, what ought to be watched next time. Most towns won’t need the municipal equivalent of gum surgery or a root canal, but if you did, wouldn’t you want to know about it now? To get started on your town’s tune-up check out our Tune Up For Towns. Tune Up For Towns is a punch list of items for town officials to use to check whether the town is meeting the requirements of Vermont law and best practice. You can get Tune Up For Towns on the Secretary of State’s municipal page http://www.sec.state.vt.us or by calling 828-2363. Table of Contents | Past Issues of Opinions | Secretary of State's Homepage | ||||
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This month's tip comes
from the Secretary of State's Campaign Finance and Elections Office: Remember that all town clerks will need to have access to the internet to use the new statewide voter checklist system. It can be in your office, or if you are a small town (less than 300 on your checklist) you may make arrangements to use the library, school, or a neighboring town clerk’s connections. By July 1, 2005, all town clerks need to contact the Elections Division with a working email address. This should be included on the 2005 Town Meeting Information Sheet that was sent to clerks in late February. If you have questions or concerns, please call or email David Crossman, Election Administrator, at 828-0771 or dcrossman@sec.state.vt.us To submit a tip, please email Sandy Harris (VMCTA President) at vernontc@sover.net or mail it to Sandy Harris- VMCTA President |
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Vermont League of Cities and Towns' | ||||
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For more
information, go to www.vlct.org,
email info@vlct.org or call
800/649-7915. Selectboard Forum Saturday, April 2 The Selectboard Forum is a new program offered exclusively for Vermont Selectboard Members. Designed for both newly elected and more seasoned members, the forum will cover fundamentals such as running a meeting and interacting with town managers, and will offer plenty of time for learning how other towns are handling similar issues. Municipal Lands Management Wednesday, April 6 This workshop is designed for selectboard members, parks and recreation staff, conservation commissioners, and other local and regional officials involved with managing municipal lands. Legal and Technical Aspects of Property Taxes
Thursday, April 28 This workshop is designed for Selectboards, Listers, Justices of the Peace, Town Treasurers, and Town Clerks. All local officials are welcome to attend. ******************************************************************************************************** Town Officers’ Education Conference Contact: Mary Peabody, 802-223-6500 or mary.peabody@uvm.edu To register go to: www.regonline.com/21306 April 7 Lyndon State College, Lyndonville April 13 Lake Morey Inn, Fairlee April 21 Sheraton Hotel, Burlington April 27 Holiday Inn, Rutland |
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List of Services to Local Government | ||||
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Education and Training • Leadership Workshops For Local Board Chairs. • Training for Boards of Civil Authority On Tax Appeals, Abatement, Marriage and Civil Unions, Oaths of Office, Etc…. • Election Workshops – Training For Election Workers. • On-Site And Regional Workshops On A Variety Of Topics From A (Authority of Local Officials) To Z (Zoning and Planning). Telephone Inquiries • Every year we answer thousands of calls from local officials and citizens about municipal laws and practices. You can call us at 1-800-439-8683. Opinions Newsletter • A monthly newsletter sent to local officials and members of the public that includes articles on municipal issues and "opinions" on legal and practical questions concerning local government.Publications • We publish numerous free handbooks and pamphlets on topics of municipal law and practice from the Law of Libraries, to the Rules on School Governance, to the Tax Appeal Handbook and more. The publications are available in hard copy as well as electronically on our website at /municipal
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April 1 (No fooling!): • Last day for dog or wolf-hybrid licensing. 20:3581(a) • 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) April 15: • Last day for Selectboard to notify Commissioner of Social Welfare of appointment of Town Service Officer. 33:2102(a) 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 printed form) if reporting less than $2,500 per quarter. More than $2,500 requires monthly report; more than $9,000 requires semi-weekly 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. May 15: • Last day for Town Clerk to remit to State Treasurer an accounting of dog and wolf-hybrid licenses sold and remit the license fee surcharge for an animal and rabies control program. 20:3581(f) May 30: • Memorial Day. 1:371 • (Within 60 days of petition) If a petition for reconsideration or rescission of a question considered or voted at Town Meeting has been filed, this is the last day on which a municipal vote may be held at a duly warned meeting.17:2661(b) May 31: • (91st day after Town Meeting election) In towns using Australian Ballot, Town Clerk may open and destroy used Town Meeting ballots and tally sheets, except as otherwise provided by law. 17:2590(d)
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