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Message from the Secretary |
Table of Contents |
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As Vermonters we value civic
responsibility, we cultivate self reliance and we cherish
community life. The tradition of town meeting is at the very
center of these values.
For over 200 years, Town Meeting Day has been an important
political event in Vermont. But we all know how fragile this
form of direct democracy can be. That’s why it is so important
to give Vermonters the tools they need to participate in town
meeting; and why it is important to teach our children about
this civic tradition.
I am pleased to announce a new publication and website
designed to encourage all Vermonters to participate in town
meeting. A Citizen’s Guide to Vermont Town Meeting is a
short publication designed to help citizens understand the
history of town meeting and how town meeting works today. Our
new town meeting website is designed to help citizens and
local officials and includes the Citizen’s Guide as
well as a Handbook for Moderators, a Voter’s Guide
to Town Meeting Procedure, a Guide to Petitioning
as well as many other resources. You can view the website at:
www.sec.state.vt.us/townmeeting/index.html.
In addition to our town meeting website, we have made
available to Vermont schools curriculum materials that are
designed to educate our children about the tradition of town
meeting. Our middle school curriculum, Town Meeting – A
Vermont Tradition includes suggestions for classroom
activities and articles designed to stimulate classroom
discussion about the pros and cons of Australian ballot voting
versus floor meetings, and whether it is appropriate to be
discussing state and national social and political issues as
part of town meeting. Town Mouse and Country Mouse Go To
Town Meeting, designed for children in 3rd – 5th grade,
walks the children through town meeting and Australian ballot
voting, highlighting the differences between these two forms
of voting. It also includes fun activities and a teacher’s
guide with ideas for classroom discussions and activities.
Finally, The Town Meeting Coloring and Activity Book
was designed as an early elementary curriculum and includes
basic information about Vermont’s town meeting with easy to
color pictures and other activities.
For free copies of The Citizens Guide to Vermont Town
Meeting, the Moderator’s Handbook and the town meeting
curriculum materials contact Kathryn Mathieson at
kmathieson@sec.state.vt.us,
802-828-2148. These booklets are also available online at
http://www.sec.state.vt.us.

Deborah
L. Markowitz Secretary of State
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Voice from the Vault by State Archivist Gregory Sanford
Opinions
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Civics: Behind the
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Local Zoning Waivers
Vermont Public
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Town Meeting Reminders
Update on Birth
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Voice from the Vault By Gregory Sanford, State
Archivist |
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Recent Web Offerings From the Archives
Over the last few months I have occasionally provided updates on
some of the legislatively mandated projects the Archives is working
on. Recently we have put material from two of those projects, the
pilot municipal scanning project and the municipal land record
commission, up on the Web.
The Municipal Scanning Project was created to develop practical,
hands-on experience on the use of scanning technology in municipal
offices. In working with the participating municipalities, the
Archives developed some general guidelines for anyone considering a
scanning project. These guidelines are available at:
http://vermont-archives.org/records/standards/pdf/VSA_Imaging_Guidelines.pdf
The guidelines are arranged in three sections: project planning;
architecture and technical specifications; and implementation. The
section on planning offers a range of management questions and
analyses to consider when contemplating the use of scanning in your
office. The architecture and technical specifications section offers
system design perspectives to support access and long term
management requirements. The implementation section touches on
important practices from indexing to risk management.
The web page also provides links to the Request for Quotes (RFQ)
and "Initial Cut Checklist" developed by the municipal scanning
project participants. Both items may serve as models for writing a
request for proposals and evaluating the responses. We posted the
guidelines in response to the steady stream of inquiries we receive
about scanning public records. Too often record custodians at all
levels of government are simply told that scanning will create
efficiencies and either confront information technology decisions
made elsewhere or are asked to proceed with implementation without
any guidance.
Therefore the general goal of the guidelines is to provide
municipalities and other government entities a framework for
informed decision making about whether, or how, to implement
scanning. The guidelines were drawn from similar efforts adopted by
other states. The Archives will continue to monitor those efforts,
as well as make adjustments based on the experiences of the on-going
pilot scanning project.
The second Web posting is for the minutes and support material
being generated by the Municipal Land Records Commission and can be
found at:
http://vermont-archives.org/records/vtmlrc/index.htm.
The Commission, which builds upon the work of two previous
commissions, has a broad range of responsibilities. In general it is
looking at ways to move toward the consistent use of information
technology for records affecting title to land; a funding mechanism
to support IT at the municipal level; and an education program for
municipal officers on best practices for managing land records. The
Web site allows you to follow the work of the Commission and to
comment on the Commission’s work. The Web site was developed by
Tanya Marshall, a member of the Archives staff who chairs the
Commission and who is also working on the Judicial Records Project,
a joint effort of the Court Administrator and the Archives.
We hope you find these sites useful and we welcome any comments.
Table
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Opinions of
Opinions |
1. Town And Town School District Moderators Are Separate Offices.
The town school district must elect a moderator as the first order
of business or by Australian ballot, if the district has voted to
elect all officers by Australian ballot. Although the same person
may serve as both Town Meeting Moderator and School District
Moderator, separate candidacies and separate elections are required
in each municipal annual meeting, and in municipalities that vote
officers by Australian ballot, a separate petition must be submitted
for Town School District Moderator to the school board, and for town
moderator to the Selectboard. 17 V.S.A. § 2646; 16 V.S.A. § 491.
2. Vote To Use Australian Ballot Goes Into Effect At Next Meeting.
To change from a floor meeting to Australian ballot for election of
officers, budgets, or public questions, an article must be placed on
the warning as directed in 17 V.S.A. §2680. Sample wording for each
type of article is included in the statute. If the article to change
to Australian ballot passes, the town or district will begin using
the Australian ballot at its next special or annual meeting.
3. Australian Ballot Cannot Be Used To Reconsider Vote Unless It
Was Used For The Initial Vote. Because a reconsideration vote is
considered a continuation of the initial meeting, a reconsideration
vote must be made in the same form as the original vote. This means
that a budget re-vote must be held at a floor meeting even if the
town votes at the same annual meeting to use Australian ballot at
future meetings.
4. Town Clerk Must Be Open For Additions To Checklist Before
Union School Meeting. Towns that are members of a union school
district must be open for voter registration on the second Monday
before the Union School District Elections. The clerk must provide
an authenticated copy of the updated checklist to the Clerk of the
Union School District. 16 V.S.A. § 706u. (This section incorporates
by reference the provisions of Title 17 which require the Town Clerk
to have office hours on the second Monday before each election to
allow residents to register to vote.)
5. Limited Appeals Are Available From Decisions Of The Board Of
Abatement. If a taxpayer believes a board of abatement has abused
its discretion in denying a request, Vermont case law suggests that
an appeal can be taken through Rule 74 or Rule 75 of the Rules of
Civil Procedure. Appeals under these rules are very limited – they
allow the court to review the proceedings only for abuse of
discretion. This means that, except in extraordinary situations, the
decision of the board will be upheld. Remember that abatement
requests cannot be a substitute for an appeal of a property
assessment by the listers.
6. Person Cannot Serve In Two Incompatible Offices. There is no
limit to the number of offices that a person can petition to be
added to the ballot in a town that elects by Australian ballot, and
no limit to the number of offices a person can be nominated for at a
town meeting that elects from the floor. However, if elected, a
person can only accept and serve in offices that are compatible
(where there is no statutory conflict). A person will need to either
resign or not accept one of the offices that creates an
incompatibility.
7. Vacancy Is Created When Candidate Declines A Position. When
one person is elected to more than one position and two or more of
the positions are incompatible, the person must either not accept or
resign from any positions where there is a statutory conflict to
serve. This creates a vacancy or vacancies which must be filled
according to statutory procedures. Note that the runner-up or next
highest vote-getter does not move up or become the winner.
8. Vacancies In Town And School District Filled By Selectboard.
When there is a vacancy in a town office, the selectboard posts a
notice of the vacancy within 10 days of its creation, and then
appoints a person to fill the term of office until the next
election. 24 V.S.A. § 961 and 963. For town school board members the
selectboard, with the advice of the remaining school board members,
must within 30 days appoint a person to fill the position until the
next election. 16 V.S.A. § 424. For union school districts the clerk
of the union district notifies the selectboard of the town which
elected the original incumbent and within 30 days the selectboard,
with the advice of the town or incorporated district school board,
must appoint a person to fill the vacancy until the next election.
9. It Is Good To Wait Before Warning Meeting To Fill Newly
Created Board Vacancies. When the annual meeting voters pass an
article to increase the size of the selectboard or schoolboard from
3 to 5 members, a special election can either be called by the board
or by petition. We believe that it is a good idea to wait until the
30 day period for reconsideration has passed, before warning a
special meeting to elect new board members if your town elects
officers by Australian ballot. If there is no petition to hold a
special meeting, it is permissible to wait until the next annual
meeting to add the new board members. If your town or town school
district elects officers from the floor, a voter can move to vote
the article to expand the board prior to election of officers so
that if the board is expanded, the new members can be elected at the
same meeting. 16 V.S.A. § 423, 17 V.S.A. § 2650.
10. Voters Can Challenge Moderator At Town Meeting. During a
traditional floor meeting, any voter can challenge any ruling on
points of order by the moderator by requesting that the issue be put
to the vote of the assembled voters. Many wise moderators will
encourage voters to challenge a ruling when they are in doubt by
prefacing the ruling such as "The chair is doubtful, but will rule
that …." This encourages a voter to rise to challenge. Roberts Rules
provides that any voter can rise to ask that the ruling be voted
upon by the voters present. It is difficult for any moderator to
know every rule and anticipate every type of motion that may be
presented. Roberts Rules thus allows the majority of those voters
present to decide what is fair and just under the circumstances.
11. Only Legal Voters Can Be Elected To Town Office. To be
eligible for election as a school board member, a person must be a
legal voter in the school district. 16 V.S.A. § 558. Likewise, a
town shall choose from among its legally qualified voters for
selectboard, town clerk, town treasurer, and a number of other town
offices. 17 V.S.A. § 2646. So long as the person is on the checklist
by the day of election he or she is eligible for election. The town
clerk must add the names of all eligible persons who have properly
completed and submitted applications to the checklist before noon on
the second Monday before the election.
12. 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.
13. Certain Officers Are Elected By Paper Ballot. In towns that
have not adopted the Australian ballot system of voting for local
offices, Vermont law requires the use of paper ballots during the
town meeting for election of officers to the selectboard, listers,
auditor, road commissioner, and water commissioners. 17 V.S.A.
§2646.
14. Majority Vote Is Required To Elect Officials At Floor
Meeting. Vermont law requires local officials to receive a majority
of all votes cast in order to be elected during an open town
meeting. 17 V.S.A. §2660. Candidates who receive a plurality of
votes will be elected in towns that use the Australian ballot to
vote for officers. In a floor vote, if no candidate receives the
majority in the first paper ballot, then another vote must be taken.
If no person has obtained a majority by the end of the third vote,
then the moderator shall announce that the person who received the
least votes in the last vote shall no longer be a candidate, and
continue voting in like fashion until a candidate receives a
majority.
15. 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.
16. Guardian May Not Vote On Behalf Of Ward. There is no power of
attorney or guardianship order that allows the person with the power
of attorney or the guardian to register to vote on behalf of the
other person OR to cast a vote for the other person. Any person may
assist a person in completing an application to the checklist but
the citizen that is applying must sign the application for himself.
Similarly, a family member or authorized person can request that an
absentee ballot be sent to another voter, but each voter must vote
his or her own ballot. A voter can also ask for assistance from any
person of his or her choice, but no one can "substitute" vote for
another.
17. No New Vote Is Needed To Expend Reserve Fund If Fund
Expenditure Was Specific In Original Vote. When the electorate has
voted at a town meeting to establish a reserve fund, such as a
Highway Capital Reserve Fund, the selectboard is authorized by
statute to expend those funds for purchase of capital assets for the
maintenance and improvement of highways and the selectboard does not
need another article to approve each expenditure (so long as the
expenditure is for the purposes for which the fund was established.)
24 V.S.A. §2804. If the selectboard wants to use the funds for some
other purpose, then the board needs to warn an article for voter
approval to use the funds for a different purpose.
18. Political Party Designation For Local Office Rare – But
Possible. Few communities include political party designations for
local offices. In most cases it is done because the Municipal
Charter provides for such listing. However, the law permits
political party designations if the town has voted to provide for
such listings, or in the absence of such a vote, if the legislative
body votes to permit political party designations.
19. Town Officers Take Office At Town Meeting. Newly elected town
officers take office on Town Meeting Day. Some officials must take
an oath before they officially take office. This can be done by the
clerk at town meeting, or at any time thereafter. 17 V.S.A. § 2646.
An official who is required to take an oath of office (by either
swearing or affirming) and who refuses to do so may not take office,
thereby creating a vacancy. (See March Opinions for list of
officials requiring oath.)
20. Union School Officers (Clerk, Treasure, Auditors, Etc.) 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.
21. Moderators Should Not Comment On Legality Of Article. It is
best practice for moderators at the annual meeting to refrain from
speaking to the legality of an article or to give an opinion about
the legal effect of taking action on or passing over an article.
Even a well-intentioned comment about the legality or impact of an
article could be misunderstood as showing partiality for or against
an article. If there is truly no one else in the room that can
answer a question, and the moderator feels compelled to enter the
discussion, the moderator should call for a moderator pro tem to
take over, and step down while he or she participates in the debate.
22. Non-voters May Only Speak At Town Meeting With Permission of
the Assembly. Only legal voters can speak at town meeting unless
there has been a motion to suspend the rules and permit non-voters
to address the group and the motion has passed by 2/3 of the voters.
It is a good practice when making such a motion to include some
parameters in the motion, such as non-voters may speak to an issue
only once, for a time not to exceed five minutes, etc.
23. Upon The Request Of Seven Voters, Paper Ballots Are Used For
Non-Election Articles. If at least seven voters support a request
that paper ballots be used for voting during a special or annual
meeting, then paper ballots must be distributed and used. 17 V.S.A.
§2658. This request must be made separately for each article.
Generally one person makes the motion to call for paper ballots and
the moderator looks to see whether there are six people who would
"second" the motion.
24. Motion To Reconsider Must Be Made Before Consideration Of
Next Article. If a voter wishes to move for reconsideration of an
article during town meeting, the voter must make the motion BEFORE
consideration of the next article on the warning. 17 V.S.A.§2661(a).
After the motion has been made to begin consideration of the next
article, it is too late to seek reconsideration during the meeting.
25. Moderator May Reject Amendment If Not Germane. The moderator
can only allow amendments to articles that are reasonably related to
the article as warned. The purpose of the town meeting warning is to
enable voters to know what issues are going to be decided. Because
no decisions can be made on issues that were not warned, it would
not be a valid act of the town to amend an article so that it is no
longer relevant or germane to the original Article. See Kaeser v.
Town of Starksboro, 116 Vt 251 (1950).
26. Clerk Must Disclose Fees. Town Clerks are required to
disclose to the public the total amount of fees received as part of
his or her compensation for the preceding year within 30 days after
the end of the town’s fiscal year. 24 V.S.A. §1179. The law does not
state how the clerk shall disclose the fees, just that the fees must
be disclosed to the public.
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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Civics: Behind the Scenes By Janel Johnson, Civics Education
Coordinator |
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democracy :
a political system in which the supreme power
lies in a body of citizens who can elect people to represent them
Each year, Secretary of State Deb Markowitz honors Vermonters
who have demonstrated an outstanding commitment to promoting the
tenets of democracy. This year the recipients will be honored in a
ceremony and reception on Monday, February 14 at 3:30 pm in
the State House cafeteria. Chief Justice Paul Reiber will be the
featured speaker. The following Vermonters are being recognized
for their contributions toward a stronger democracy:
National Association of Secretaries of State
Medallion Awards
Denise Barnard, Board of Civil Authority,
Richmond
Earl Haynes, Rutland Herald
Shira Sternberg, Bennington College
Vermont Secretary of State Enduring Democracy
Awards
Burlington Free Press
Laurence Coffin, Oxbow High School, Bradford
Judy Crowley, Former Legislator, Rutland
We invite you to join us as we celebrate the hard work and
accomplishments of these outstanding Vermonters. If you can attend
the democracy awards ceremony and reception, please RSVP to Janel
Johnson, 828-1296 or
jjohnson@sec.state.vt.us,
by Thursday, February 10th. Thanks!
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Announcing New Town Meeting Materials!
The Secretary of State has unveiled a new website for citizens
and local officials on Vermont’s Town Meeting Day. This new
website is designed to help citizens and local officials make the
most out of town meeting and includes a newly published
Citizen’s Guide to Town Meeting, a Handbook for Vermont
Moderators, a Voter’s Guide to Town Meeting Procedure,
a guide to Petitioning to Get Articles on the Ballot and
many other resources. You can view the website at:
www.sec.state.vt.us/townmeeting
Also, please note that the publications Citizen’s Guide to
Town Meeting, and a Handbook for Moderators are
available in booklet form. We will be sending copies out to town
clerks in early February.
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Local Zoning Waivers |
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By Mark Bosma, Department of Agriculture
Farming operations in the state of Vermont sometimes have special
needs that are unique to their industry. Whenever possible, state law
has been crafted to meet those needs. One such instance is in the
issuance of local zoning waivers to farm operations.
To qualify, the first step is to prove your farm to be a "farm" as
defined in state statutes. The definition states that "Farming"
is:
a. the cultivation or other use of land for growing
food, fiber, Christmas trees, maple sap, or horticultural and
orchard crops; or
b. the raising, feeding or management of livestock,
poultry, equines, fish, or bees; or
c. the operation of greenhouses; or
d. the production of maple syrup; or
e. the on-site storage, preparation and sale of
agricultural products principally produced on the farm; or
f. the on-site production of fuel or power from
agricultural products or wastes produced on the farm.
Zoning waivers are only issued for the construction of farm
structures and not for any structures involving human habitation, so
once you meet the criteria of "farm" you must also prove your new
construction to be a "farm structure" as defined in state law.
The law states that a "farm structure" is a structure or
structures that are used by a person for agricultural production that
meets one or more of the following:
a. is used in connection with the sale of $1,000 or more
of agricultural products in a normal year; or
b. is used in connection with raising, feeding, and
management of at least the following number of adult animals: four
equines; five cattle or American bison; fifteen swine; fifteen
goats; fifteen sheep; fifteen fallow deer; fifteen red deer; fifty
turkeys; fifty geese; one-hundred laying hens; two-hundred and
fifty broilers, pheasant, Chukar partridge, or Coturnix quail;
three camelids; four raties (ostriches, rheas, and emus); thirty
rabbits; one hundred ducks; or one-thousand pounds of cultured
trout; or
c. is used by a farmer filing with the Internal Revenue
Service a 1040 (F) income tax statement in at least one of the
past two years; or d. is on a farm with a business and farm
management plan approved by the Secretary.
The law requires that anyone proposing to build a farm structure
must notify the municipality prior to construction. The law further
requires that the structures must be built in accordance with setbacks
approved by the Vermont Secretary of Agriculture, Food & Markets.
To apply, you need to provide the Agency of Agriculture a narrative
with a sketch of the situation, showing existing and proposed
structures, existing and proposed setbacks. The narrative must explain
what problems exist between the farm plans and local zoning setbacks
and why the plans are unable to abide by local zoning setbacks. The
name and telephone number of the town zoning administrator should also
be included. Town clerks and local zoning administrators cannot issue
waivers; they must come from the State.
For more information, contact Marian White at the Vermont Agency of
Agriculture at 802-828-5434, or
marian@agr.state.vt.us. For more on
the definitions of farming and farm structures, you can go to the
Agency of Agriculture web site at
http://www.vermontagriculture.com
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Update on Birth
Certificates |
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To: Vermont Town Clerks From: Rich
McCoy, Public Health Statistics Chief,
Vermont Department of Health
Re: Update Regarding Birth Certificates
At this past fall’s municipal officers’ meetings, the Vital Records
Office from the Health Department presented to town clerks the changes
planned for Birth Certificates. Town clerks were updated on changes
occurring to the appearance and printing method of the certificates.
The original plan was for those changes to go live on January 1st of
this year. However, that implementation has been delayed. The Health
Department is working with hospitals to finalize changes to the Birth
Certificate and printing method. In addition, the passage of the
Intelligence Reform Law may affect some of our final decisions
regarding form and appearance of the official Birth Certificate. For
these reasons, we are delaying the implementation of the new
certificate until later in 2005. A new implementation date has not yet
been chosen, but it is likely to be either summer or fall this year.
We apologize for any confusion. You should continue to accept and
process the standard birth certificate as normal. If you have any
questions, please feel free to contact Linda Davis at 802-863-7275. We
will send out further updates, including a new implementation date, in
the spring and summer of 2005.
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Tip of the Month |
This month's tip comes from Marshfield Town
Clerk, Bobbi Brimblecombe:"In
Marshfield we photocopy the oath once each year into the town record
book and then type a list below it that says the following people took
this oath on the following dates: so it doesn’t take up pages and
pages."
If you have a good tip that you would like to share with our
readers please email it to Sandy Harris at
mailto:vernontc@sover.netor
mail them to:
Sandy Harris- VMCTA President Town of
Vernon 567 Governor Hunt Rd Vernon, VT 05354
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Vermont Public Service Awards |
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"Far and away the best prize that life offers
is the chance to work hard at work worth doing."
President Teddy Roosevelt, 1903
Local officials serve mostly as volunteers. Their commitment to
public service - without pay (or adequate pay), without applause,
without personal advancement, is a precious gift, a gift we should
celebrate. In order to honor the hard work of our many dedicated
local officials and to encourage others to serve, we are asking for
the help of Town Clerk's in finding long-serving local officials who
have provided their communities with 20 or more years of service. We
will be traveling to all the counties in Vermont to hold a ceremony
and to present certificates of recognition. So that we do not miss
anyone, we are asking for your help!
We will be sending out nomination forms and a "Guide to
Nominating Local Officials" in the coming months, but ask you to
begin listing qualifying local officials in your town. Nomination
forms are due in the summer, and award presentations will begin in
the fall.
MEETING THE QUALIFICATIONS In order to qualify for the
Vermont Public Service Awards, the person being nominated must meet
the following criteria:
ü He or she has served their town
for a total of twenty or more years.
(see FAQ # 4)
ü He or she has either been
appointed or elected as a LOCAL PUBLIC
official.
Frequently Asked Questions
1. If a person has moved out of town, but
meets the qualifications for the award, can he or she still be
nominated? YES!
2. Does a district representative or
senator qualify for the award? NO. They
are not considered local town officials but rather state
officials. They would only qualify if they have served as a local
official (selectman, town clerk, etc.) in addition to being a
district representative or senator.
3. What do you mean by local official?
A local official is anyone who has been appointed or elected to a
public position in a town.
4. Can a person who has served both as
town clerk and zoning administrator during the same ten years meet
the criteria of twenty years or more?
NO. A person who has served two or more different positions for
the same period of time does not meet the qualifications for the
award. He or she must have served for a total of twenty individual
years.
5. If a person volunteered with the fire
department or other town organizations, does he or she qualify for
the award? YES.
6. If the person is deceased, does he or
she qualify for the award? NO (but
there are exceptions, please contact Kathryn Mathieson at 828-2148
or kmathieson@sec.state.vt.us).
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Town Meeting Reminders |
Getting Ready at the PollsTown
clerks should furnish presiding officers with one or two certified
copies of the checklist, depending on whether the town has opted not
to use an exit checklist. 17 V.S.A. § 2507.
Town clerks must also deliver sufficient quantities of the ballots
to the presiding officer. 17 V.S.A. § 2479.
The presiding officer should assign specific duties to each
election official, ensuring that the election officials work in pairs,
with each pair containing members from different political parties if
possible. 17 V.S.A. § 2562.
Opening/Closing Polls
In an Australian Ballot Election the presiding officer declares the
polls open on the day of the election between 5 a.m. and 10 a.m. (the
specific time is set by the board of civil authority or by the
voters), and declares the polls closed at 7 p.m. 17 V.S.A § 2581.
Town meeting begins at a time designated by the legislative body,
unless the town has voted a specific time at a previous meeting. 17
V.S.A. § 2655.
Public Discussion and Politicking in the Polling Place
In towns that start their annual meeting on one of the three days
preceding the first Tuesday in March, and use the Australian Ballot
system on Tuesday, public discussions of ballot issues and all other
issues appearing in the warning, other than election of officers, is
permitted at the Saturday, Sunday or Monday meeting. 17 V.S.A. §
2640(c).
Neither the warning, the notice, nor the ballot itself shall
include any opinion or comment by any town body or officer or other
person on any matter to be voted on. 17 V.S.A. § 2666.
In an Australian Ballot Election the presiding officer should
ensure that within the building containing the polling place no
campaign literature, stickers, buttons, information on write-on
candidates or political materials are placed, handed out, or allowed
to remain and that no candidate, election official or other person
distributes election materials, solicits voters or otherwise
campaigns. 17 V.S.A. § 2508.
Outside the building, the presiding officer must ensure that voters
can enter and leave the polling place without interference from
candidates or other citizens. 17 V.S.A. § 2508. The provisions of this
section apply equally to election of candidates as to votes on public
questions, including the budget, if done by Australian Ballot vote.
Maintaining Order at Town Meeting
In traditional town meeting the moderator must follow reasonable
and necessary procedures to ensure that people who are not voters of
the town do not vote. 17 V.S.A. § 2656.
The moderator must preserve order in the conduct of business and
debate. If a person, after notice, continues to be disorderly and
refuses to withdraw from the meeting, the moderator may order him to
be removed by the constable or some other person. 17 V.S.A § 2656. A
person who disturbs town meeting may be fined $200 by the district
court.
Remember that while Robert’s Rules of Order or some other rule of
order must be followed at town meeting, these rules have been modified
by state law. For example, the assembly must not reconsider articles
already voted once consideration of another article has begun; when a
vote declared by the moderator is immediately questioned by one voter,
the moderator shall divide the meeting, and if requested by seven
voters, the moderator must take the vote by paper ballot; the assembly
may take no binding action during the "other business" portion of the
meeting; the moderator shall allow sufficient time for voters to cast
paper ballots whenever that method of voting is to be used. 17 V.S.A.
§§ 2660(d); 2661(a).
Accessibility of Town Meeting
The legislative body must take reasonable measures to ensure that
elderly or disabled voters may conveniently attend town meeting. Sign
Language interpreters must be provided, if necessary. 17 V.S.A. § 2667
and the Americans with Disabilities Act. Town meeting must be held in
an accessible location.
The board of civil authority must take reasonable measures to
ensure that disabled and elderly voters may conveniently and secretly
cast their votes. If it is not possible to hold the election in an
accessible location, election officials must be permitted to carry a
ballot to an elderly or disabled person in order to permit that person
to mark his or her ballot while in a motor vehicle adjacent to the
polling place. 17 V.S.A. § 2502.
A voter who declares to the presiding officer that he or she needs
assistance to vote may bring a person of his or her choice into the
voting booth (so long as it is not the voter’s employer or union
representative) or the voter can ask the presiding officer to direct
elections officials to assist the voter. Those rendering assistance
may not divulge information about the choice of the voter or manner in
which the vote was cast. 17 V.S.A. § 2569.
All Those In Favor: Rediscovering the
Secrets of Town Meeting and Community
All Those In Favor: Rediscovering the Secrets of Town Meeting and
Community, by educator Susan Clark and University of Vermont
political science professor Frank Bryan, is a new book that takes a
good look at Vermont’s town meeting tradition and then offers specific
tips on how to strengthen this important democratic institution.
The authors emphasize town meeting’s long-standing role as a true
local legislature. At town meeting, citizens come face to face to
discuss and create their own laws (rather than electing
representatives to do so). Social scientists rank Vermont among the
highest in civic engagement and in community measures such as trust
and neighborliness, and Clark and Bryan make the link between these
positive community indicators and Vermont’s town meeting tradition.
Clark and Bryan argue that while town meeting participation remains
remarkably healthy in many parts of Vermont, this cherished
institution is threatened from several fronts such as the Australian
ballot, where face-to-face deliberation is replaced with a pre-printed
ballot.
All Those In Favor offers specific tips for strengthening town
meeting such as building an agenda that encourages attendance as well
as tools for creative publicity and for engaging citizens in shaping
town meeting. For towns that may have grown too large for town
meeting, the authors offer specific alternatives for preserving the
best elements of town meeting democracy, including adopting the
representative town meeting system, where members are elected at large
from smaller districts. For more information contact Susan Clark,
Vermont Institute for Government, at 223-5824 or
sclark@sover.net.
Ordering Information: The retail price is $9.95 per book.
However, the Vermont Institute for Government (VIG) is offering a
special discount for municipal officials: $6.00 per book, or $5.00 per
book if more than one is ordered; plus postage and handling ($2.50 for
the first book, $.50 for each additional book). Order from VIG, 617
Comstock Rd. Suite 5, Berlin VT 05602-9194 .
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February/ March
2005 Calendar |
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February
1:
Deadline for Tax Collector to turn over moneys collected and
settle account with Treasurer. 24:1532
Last
day for Listers to file corrected grand list for preceding year in
order to render it valid. 32:4112
February 4:
- (25
days before Town Meeting) Auditors must meet by this date to
examine and adjust town finances. 24:1681
- (25
days before Town Meeting) Town officers must settle accounts
with Auditors to be eligible for re-election. 24:992
February 9: (In towns using Australian
Ballot 20 days before election) Under direction of the Town
Clerk, ballots must be back from printer. 17:2681a(a)
February 10:
- Last day for any municipality which has enacted special
weight limits, which are other than State legal limits for highways
and bridges, to file complete copy of the limitations with the
Department of Motor Vehicles. 23:1400b(a)
Last
day for Selectboard to file with Town Clerk annual statement of
description and measurement of all Class 1, 2 and 3 town highways,
then in existence, including special designations. 19:305(b)
February 12: Lincoln’s Birthday. 1:371
February 15:
- (At least two weeks before Town Meeting) Town Clerk must
have liquor ballots printed if liquor issue is on Annual.
- Meeting agenda and if town does not use Australian Ballot. 7:163
February 16: VLCT LOCAL GOVERNMENT DAY IN THE LEGISLATURE
February 18: Last day for legislative body to post warning for
public informational hearing on any public question to be voted by
Australian Ballot at Town Meeting. 17:2680(g)
February 19:
- (At least 10 days before Town Meeting) Selectboard
must mail or otherwise distribute Town Meeting warning in annual
town report by this date to avoid publishing warning in newspaper.
17:2641(b)
(At
least 10 days before Annual Meeting) Auditors’ Report, or the
findings of the public accountant employed in accordance with
17:2651b, must be distributed. 24:1682, 17:2651b
Last
day for Town Clerk to post sample ballots in the same places Clerk
has previously posted copies of the warning, notice and checklist.
17:2522(a)
(At
least 10 days before the election) Voting machines must be
tested using official ballots that are clearly marked "test
ballots." 17:2493(b)
February 21:
- Washington’s Birthday. 1:371
- Last
day for Town Clerk to receive a request for an application for
addition to the checklist simultaneously with a request for an early
voter or absentee ballot. 17:2532(b)(c)
-
(Second Monday before the election) Town Clerk’s office must be
open from 10:00 a.m. or earlier until at least 12:00 noon for the
purpose of receiving applications for addition to the checklist.
17:2144(a)
- Last
day (up to 12:00 noon) for people who are not eligible to
register to vote by this date, but who will be by election day, to
file a written notice of intent to apply with the Town Clerk.
17:2144(b), (c)
- (10
days before the election) Candidates for Town Meeting local
election who are spending more than $500 must file a campaign
finance report with officer with whom nominating papers were filed.
17:2822, 2103(13)
-
(During the 8 days immediately preceding election day and on
election day) In towns using Australian Ballot, Town Clerk must
give each pair of Justices the exact number of ballots, envelopes,
and list of ill or physically disabled voters to be visited.
17:2538(b),(c)
February 24:
- (At least five days before Town Meeting) Last day for
Town Clerk to forward to Board of Civil Authority a list of voters
added. 17:2144b(d)
-
(Five days before Town Meeting) Treasurer must settle accounts
with Auditors. 24:1578
- Town
Meeting Warning must be published in newspaper by this date if town
report has not been distributed otherwise. 17:2641(b)
February 26: (Not later than three days prior to election)
By this date Board of Civil Authority must designate pairs of
Justices assuring political balance in each pair to deliver ballots to
ill and disabled voters in towns using Australian Ballot. 17:2538(a)
February 26-27-28:(On any of the three days immediately
preceding the first Tuesday in March) Towns that have voted to do
so must hold the open meeting portion of their annual Town Meeting
(at a time set by the Selectboard). 17:2640(b), (c)
February 28:
- In towns using Australian Ballot, voters, or their family
members, authorized persons, or health care providers, may request
early or absentee ballots 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 for Town Meeting. 17:2454
- Town
Clerk or other Presiding Officer must notify Election Officers of
their hours and duties. 17:2455
March 1: TOWN MEETING DAY (First Tuesday in March). 1:371,
17:2640(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 ballots. 17:2548(a)
(Before polls open) In towns using Australian Ballot, Presiding
Officer must post a copy of the warning and notice, and sample
ballots. Signs should be placed on or near the ballot boxes
explaining procedures for depositing ballot. 17:2523
Towns
using Australian Ballot must open polls no earlier than 5:00 a.m.
and no later than 10:00 a.m. (opening hour set by Board of Civil
Authority). Polls remain open until 7:00 p.m. 17:2561(a)
(Upon opening of polls) In towns using Australian Ballot, 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, if authorized, or Board
of Civil Authority may act on applications until polls are closed.
17:2144b(c)
Moderator opens business meeting at the time established by
Legislative Body (unless town voted otherwise at a preceding
meeting). 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.
17:2583(a)
In
towns using Australian Ballot, Presiding Officer directs Election
Officials in counting ballots. 17:2581, 2582
In
towns using Australian Ballot, Presiding Officer must seal all
ballots, entrance checklist(s) and tally sheets.17:2583(a), 2590(a),
2689
(Immediately after vote is counted) Under the direction of the
Legislative Body, the Town Clerk shall announce and post the results
of any charter amendments. 17:2645(b)
March 2: (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 6: (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 7: (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 8: (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 11:
- (Within 10 days after election) Last day for a defeated
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 candidates for Town Meeting local election who are spending
more than $500 to file second campaign finance report with officer
with whom nominating papers were filed. 17:2822
March 16: (Within 15 days after an election) Last day a
voter contesting any Australian Ballot vote can file complaint with
Superior Court. 17:2603(c)
March 23: (15 days after the warning of the runoff election)
First day a run-off election may be held. 17:2682(e)
March 30: (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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