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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Volume 7
Number 3 March
2005
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Message from the Secretary |
Table of Contents |
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February is a busy time for us at the Secretary
of State’s Office as we work hard to help you prepare for your
town meetings. This year, in addition to answering countless
questions about articles, warnings and Roberts Rules of
Order, we sent out thousands of copies of our newly
published Citizen's Guide to Town Meeting, and school
curriculum booklets. And we were very happy to make available
a newly reprinted Town Moderator’s Handbook. We want to
do what we can to help make Vermont’s Town Meeting Day a
democratic highlight of the year – even as compared to our
last election where we went to the polls to elect a president.
Vermont’s traditional town meeting provides us with one of
the last opportunities to govern ourselves directly. We gather
together with our neighbors to visit and argue (and eat) and
make some important decisions about the town. We decide how
much we want to spend on the budget. We decide whether we want
to give our local officials our votes of confidence and
install them for a new term or to give someone else a chance
to serve the town.
Although the focus is on town meeting, Vermont’s tradition
of participatory democracy is not just about Town Meeting Day.
In fact, the backbone of this democratic tradition is the many
individuals who do the work of local government. To those
local officials who will not be returning to office after
March 1st 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.
Here at the Secretary of State’s Office we have assembled a
great team to work with the municipalities in Vermont. 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
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Civics: Behind the
Scenes
Tip of the Month
Vermont Public
Service Awards
Town Meeting Reminders
Mailing
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Calendar
Opinions Newsletter Home Page
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Voice from the Vault By Gregory Sanford, State
Archivist |
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After the 19th Amendment:
Vermont’s First Women Legislators
March is also Women’s History Month. Not so incidentally I have
before me a wonderful student paper entitled "Issues of the Hearth:
Women in the Vermont Legislature, 1920-1940." No self-respecting,
deadline-haunted columnist can ignore such a windfall.
To digress for a moment: every once in a while, just when I
become resigned to a bureaucratic life of maximizing parameters and
squashing the hopes of citizens, a researcher will spark memories of
my earlier existence as a user of records. Jack Zeilenga, a UVM
history student, is such a researcher. Jack was interested in what
happened after the 19th amendment. Most people
seem content knowing that Edna Beard was the first woman to serve in
the Vermont house (1921) and senate (1923); beyond that there has
been little research on the first women in government and politics.
Jack wanted to know more.
The result is a paper that looks beyond Edna Beard as a "first"
and examines the nature of the service of Vermont’s first women
legislators. Edna Beard’s story, for example, is more complex than
most people are aware. A month after the ratification of the 19th
amendment in 1920, Miss Beard was nominated as a Republican
candidate for Orange town representative. Despite her long service
on the school board and as town treasurer, she lost the primary to
Burt L. Richardson. Undeterred, Miss Beard then ran in the general
election on the "Citizen Party" label and won.
She received a mixed reception in the house. The Rutland
Herald reported that, "Miss Edna Beard, the only woman member,
was given the first choice of seats by unanimous consent. She chose
seat No. 146, and for a long time no mere man had the courage to
select seat No. 145, which adjoins hers. The seat stood vacant for
over an hour until Horatio E. Luce of Pomfret took the dare of his
fellow members and sat down beside Miss Beard amid a storm of
laughter and applause." One can only image what Rep. Beard felt
during this process.
In 1923 she was elected to the senate and became chair of the
Library Committee, another first. She was suggested as a candidate
for lieutenant governor, but never ran. Edna Beard died in 1928 at
the age of 51.
Miss Beard, however, is only part of the story. The paper
examines three areas: the number of women who served; the types of
legislation introduced by the women; and what roles women played
within the committee system.
On the whole, women did relatively well in Vermont legislative
races, holding 100 house and 8 senate seats between 1921-1940 (the
house had, for most of that period, 248 members). Within New
England, New Hampshire had the next highest number of women
representatives with 86; while Vermont’s 8 women senators trailed
only Maine’s 11. Mr. Zeilenga grouped legislation introduced by the
women into "issues of the hearth"; that is issues such as family,
children, education, and the environment which were traditionally
seen as of particular concern to women. While there are legitimate
questions about whether all the legislation Mr. Zeilenga identifies
actually falls within issues of the hearth, women clearly added new
perspectives to the general assembly. For example, Representative
Edna Beard’s first bill, which was enacted, raised compensation for
women with children whose husbands were dead, incapacitated, or who
had abandoned them. Senator Beard’s first (successful) bill
allowed for county sheriffs hiring women as deputies.
In 1927 Rep. Mehitable C. Robinson of West Rutland sponsored a
bill that required investigation of potential adoptive families. In
1931 Rep. Nina Mason of Pawlet sponsored legislation limiting
children under the age of 16 to eight-hour work days and prohibiting
such children from working at all if they had not met certain
educational thresholds. Other legislation sponsored by women during
this period ranged from liability insurance for school
transportation to children in state custody to marriage and
taxation.
The third section of the paper looks at committee service. During
the 1921-41 period Mr. Zeilenga identified women as chairing seven
house and six senate committees (this may be a low count since he
appears to have missed at least one committee chair, Mrs. Helena
Skeels who chaired the House Conservation and Development Committee
in 1931, though he does correctly identify her as chair of the
Senate Conservation and Development Committee in 1933. As an aside,
a freshman representative serving on the 1931 House Conservation and
Development opposed a bill Mrs. Skeels supported, which gave, in his
mind, too much power to private utilities over the development of
Vermont’s hydroelectric potential. He waited until Mrs. Skeels was
absent and then had the committee adversely report the bill. This
successful maneuver gained him political visibility and helped
launch a political career that would not end until 1975; that
freshman legislator was George Aiken of Putney).
The committees chaired by women seem to follow the issues of the
hearth template. For example five of the house chairs were of the
Library Committee, as were two of the senate chairs. Education,
Public Health, Conservation and Development, Public Buildings, and
Suffrage and Elections were other committees chaired by women during
this period.
Women, who were increasingly filling secretarial roles in the
business sector, were frequently elected as clerks of their
respective committees. For example, in 1927 women served on nine
different committees and were clerks on four of them; in 1929 it was
four of seven; and in 1931 it was ten of twelve.
Mr. Zeilenga has made an excellent start on examining the roles
of women in government. His paper, which shows some of the limits of
undergraduate research, is nonetheless an important step beyond our
blinkered fascination with who was the first woman legislator. I
offer my congratulations and welcome Mr. Zeilenga, or anyone reading
this column, to build on this research. We look forward to seeing
you.
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Opinions of
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1. Members of BCA can be added to ensure political
representation. If the board of civil authority does not
contain at least three members of each major political party, and
the party committee or at least three voters request increased
representation for an underrepresented major political party, by
filing a written request with the clerk of the political
subdivision, the legislative body must appoint from a list of
names submitted to it by the underrepresented party a sufficient
number of voters to the board of civil authority to bring the
underrepresented major party’s membership on the board to three.
17 VSA § 2143. If there are already three members of a political
party on the board, no additional members can be appointed even if
that means they are a vast minority on the board. Section 2143 is
designed to ensure that there is minimal representation on a BCA
from parties – it does not provide for equal representation.
2. Members of the BCA appointed to ensure political
representation can only perform election duties. 17 VSA § 2143
provides that individuals appointed to the BCA by the selectboard
under this provision of law will have the same duties and
authority with respect to elections as have other members of the
board, but they will have no authority with respect to functions
of the board of civil authority which are not related to
elections.
3. Request for reconsideration must be submitted within thirty
days of meeting. A petition signed by five percent of the
legal voters of the town or school district can be submitted to
request reconsideration of an article within 30 days following the
town or school meeting. 17 V.S.A.§ 2661(b). If a proper petition
is submitted in a timely manner, the legislative body (selectboard
or school board) must schedule and warn a special meeting to be
held not later than 60 days after receipt of the petition to vote
on the requested article. It is wise to avoid committing to any
contract until the 30 days for reconsideration has passed.
4. Absentee ballots for reconsideration should not require
separate request. Although the law does not speak directly to
whether a person who has requested an absentee ballot for town
meeting votes by Australian ballot must make a separate request
for an absentee ballot for reconsideration, we suggest that
fairness dictates that you send absentee ballots for the
reconsideration to all voters who had requested absentee ballots
for Town Meeting. Reconsideration is really an extension of town
meeting. It is likely that a court would find that the obligation
to send a ballot to a voter would continue until the voting on the
issue is complete.
5. 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.
6. Road Commissioner Has No Independent Authority. Voters
of a town petitioned to elect a road commissioner. This year there
is a contested race, and the two candidates are making a number of
promises. However, even when a road commissioner is elected, the
selectboard controls everything he or she does. Note that citizens
are sometimes confused, believing that road commissioners have
independent authority to oversee the town highways and spend the
highway fund. (The law was changed in 1974 – giving the
selectboard sole authority over the roads. 19 V.S.A. § 101)
7. Person May Not Serve As Town Clerk, Treasurer and
Selectperson. A town clerk/treasurer running for re-election
wishes also to run for the selectboard. While a person may run for
as many offices as he or she likes, according to Vermont’s law of
incompatible offices, a person may not serve as town treasurer and
serve on the selectboard. 17 V.S.A. § 2647 This rule makes sense
because good fiscal oversight requires that the person drafting
the orders on town accounts be different than the person who is
writing the checks and balancing the books. Note that no law
prevents the town clerk from also serving on the selectboard.
8. Spouse of Auditor May Not Serve As Assistant to Selectboard.
Of all the town offices the strictest incompatible office
rules apply to the town auditor. This is because the auditors
serve as the watchdog for the town – ensuring that the taxpayers
know how their money is spent – and pointing out any
improprieties. For this reason it is of the utmost importance that
the auditors have no conflict of interest. The law sets some
limits as well. It provides that: "An auditor shall not be town
clerk, town treasurer, selectman, 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; nor shall a spouse of or any person assisting any of
these officers in the discharge of their official duties be
eligible to hold office as auditor." 17 V.S.A. § 2647
9. Town Manager May Not Serve As School Board Member. State
law limits the involvement of a town manager in other offices in
the town. The law specifically provides that a town manager "shall
not hold any elective office in the town or town school district."
17 V.S.A. § 2647 The manager may hold appointed offices, although
it is not often advisable for the manager to mix his or her roles
in this way.
10. School Board May Accept Gift Of Property Without Vote
Except Where Prohibited By Charter. A school board may accept
a gift of property without a town vote, even if the "gift" may
ultimately cost the taxpayers money (by taking the property off
the tax rolls, or because of the cost of insurance or
renovations). Note that a purchase or sale of property will
require a vote. 16 V.S.A. § 562 gives voters the authority to
"authorize the school board to . . . purchase buildings and sites
for school purposes . . . and to sell or dispose of the same . .."
11. Selectboard Must Notify Public Before Town Property Is
Sold. Before a selectboard can sell town property it must
publish a notice of the terms of the sale in a local newspaper and
post the notice in at least three public places (including the
clerk’s office) at least 30 days before the proposed sale. Five
percent of the voters may then petition for a vote on the sale. If
no petition is filed the sale can be completed. Otherwise, a
special meeting must be called for a vote to approve the sale. In
the alternative the board can simply put the sale up for a vote.
24 V.S.A. § 1061 This rule will not apply to property related to
town highways, water, sewer or electric systems, or housing
projects.
12. Agent Conveys Real Estate. Although it is the
selectboard and/or the voters who decide whether, and upon what
terms, town property is to be sold, the deeds are signed by the
agent to convey real estate. The agent to convey real
estate is elected by the voters at town meeting, or when the
municipality fails to elect, he or she is appointed by the
legislative body. 17 V.S.A. § 2646; 24 V.S.A. § 1061
13. New Board Can Reconsider Decisions of Prior Board.
There is no law that binds a new board to the decision of the
prior board. This means that if a prior board made a decision to
reclassify a road, or to place a stop sign in a particular
location, the board can reconsider the decision (although it must
follow any procedures set out by law.) Some decisions a board
makes (such as decisions to hire employees or to enter into
contracts) create legal obligations for the town so that before a
new board reconsiders those decisions it should get advice from
the town attorney.
14. Minutes are required of all public meetings. The open
meeting law requires all public bodies – including subcommittees
of boards – to keep minutes of the public portions of their
meetings. 1 V.S.A. § 312(b)(1) The minutes must cover all topics
and motions that arise at the meeting. Minutes should not be a
transcript of the meeting but should at least include the names of
the members of the public body present; all other active
participants in the meeting; All motions, proposals and
resolutions made, offered and considered, and what disposition is
made of same; and the results of any votes, with a record of the
individual vote of each member if a roll call is taken.
15. Minutes are public record. Minutes of all public
meetings are public records. They must be kept by the clerk or
secretary of the public body, and must be available for inspection
by any person and for purchase of copies at cost upon request
after five days from the date of any meeting. 1 V.S.A. § 312(b)(1)
16. Disabled war veterans can apply for partial property tax
exemptions. A property tax exemption may be granted, to the
extent of $10,000.00 of appraisal value on the residence of a
veteran of any war or a veteran who has received an American
Expeditionary Medal, his or her spouse, widow, widower or child,
or jointly by any combination of them, if one or more of them are
receiving disability compensation for at least 50 percent
disability, death compensation, dependence and indemnity
compensation, or pension for disability paid through any military
department or the veterans administration if, before May 1 of each
year, a written application with supporting documents are filed
with the listers. 32 V.S.A. § 3802 By majority vote of those
present and voting at an annual or special meeting warned for the
purpose, a town may increase the veterans’ exemption under this
subsection to up to $20,000.00 of appraisal value. Any increase in
exemption shall take effect for the taxable year in which it was
voted, and shall remain in effect for future taxable years until
amended or repealed by a similar vote. Note that the law
permits an un-remarried widow or widower of a previously qualified
veteran shall be entitled to the exemption provided in this
subdivision whether or not he or she is receiving government
compensation or pension.
17. Town Should Determine Actual Cost For Records. When
no specific fee is established by statute for a copy of a
particular public record the municipality may only charge its
actual cost of providing the copy, the costs associated with
mailing or transmitting the record by fax as well as staff time if
it takes over 30 minutes to comply with the request. 1 V.S.A. §
316(d) The law provides that: "After public hearing, the
legislative body of a political subdivision shall establish actual
cost charges for copies of public records. The legislative body
shall also establish the amount that may be charged for staff
time, when such a charge is authorized under this section." In
determining actual cost the legislative body may only consider
"the cost of the paper or the electronic media onto which a public
record is copied, a prorated amount for maintenance and
replacement of the machine or equipment used to copy the record
and any utility charges directly associated with copying a
record." Note that if the legislative body does not establish
actual costs for the town it must follow the schedule establish by
the Secretary of State’s Office for state agencies. 1 V.S.A. §
316(e). Note that it is a good idea to establish your own fee
schedule since the town's costs are generally higher than the
state’s costs because of the economies of scale.
18. Public Record Schedule Should Be Posted. The law
requires that the town’s schedule of public records charges must
be posted in prominent locations in the town offices. 1 V.S.A. §
316(d)
19. Town Restoration Fund May Only Be Used For Municipal
Records. The law permits the legislative body to create a
restoration reserve fund taken from recording fees (it can order
any amount between $0.50 and a $1.00 per page to be set aside from
recording fees and added to this fund.) The law provides that the
restoration reserve fund may be "used solely for restoration,
preservation, and conservation of municipal records."
20. Town Treasurer generally serves as School Treasurer and
manages the finances of the school district. The town
treasurer shall be treasurer of the town school district unless by
vote of the town school district a town school district treasurer
is elected. The town/school treasurer must keep in a separate bank
account all money appropriated or given for the use of the school
district. 16 V.S.A. § 426 The treasurer is responsible for paying
out of such money, orders drawn by or upon the authority of the
board of school directors. The town school district treasurer
keeps the financial records of cash receipts and disbursements,
and shall make those records available to the board of school
directors or the supervisory union board upon request. Finally,
all money in the school district account may be invested and
reinvested by the treasurer, with the approval of the board of
school directors. 16 V.S.A. § 426
21. School taxes must be paid to the school district within 20
days of the due date. The law provides that, within 20 days
after the date the school taxes become due and payable, or within
such other period of time as is agreed upon in writing by both the
selectboard and the schoolboard, the town treasurer must deposit
in the school account, payments of the school tax levy received.
16 V.S.A. § 426 Note that, within 120 days of the school taxes
becoming delinquent, but in no event later than the end of the
school year, the treasurer shall deposit the balance of the sum of
the gross school tax levy in the school account (even if they
haven’t yet been collected from the taxpayer.)
22. 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
23. 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.
24. 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
25. 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
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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Public Service Awards
This month you will receive a letter in the mail regarding the Public
Service Awards. (See page 10). The Public Service Awards are a
wonderful opportunity to recognize the time and effort that so many
public servants give to the state of Vermont. Attached to the
aforementioned letter, you will receive a list of Vermonters in your
area who already received the Public Service Award. Please start
thinking about who should be honored in your town for their years of
public service. If you are interested in being a host for a regional
Public Service Awards ceremony, let us know.
Students at the Statehouse
When the legislature is in session, it is very important to have
students visit the State House and see the legislature in action.
Please visit the Vermont Legislature at their website to find out
how to plan a visit to the State House with schoolchildren from your
town. Your local legislators can meet with students and explain what
a typical day is like in the legislature! The website address for
the Vermont Legislature is
www.leg.state.vt.us
Educational Resources for the Legislative Session and Vermont’s
History
We are working on some new activity books for kids about the
legislature and Vermont’s history and symbols. These will be ready
for the 2005-2006 academic school year. We are also updating our
website activities and resources for students. We look forward to
sharing these new materials with you when completed!
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<\p>
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Tip of the Month |
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This month's tip comes from
Brattleboro Town Clerk, Annette Cappy: To get voting
information out to residents, I purchased a large street banner that
hangs across our Main St. The banner announces the date, time and
place of the upcoming election and hangs for 1-2 weeks prior to any
election. The election date is attached with Velcro to make the banner
reusable. In extra large lettering over the entire sign is the word
VOTE!
I also use four large A-frame, sandwich type signs to put out in
heavily traveled areas. The signs carry the same message on both sides
attached in sections with Velcro. I put the signs out about 1-2 weeks
prior to voter registration deadlines and as soon as the deadline has
passed I change the message to announce the date/time/polling hours of
the upcoming election.
I solicited funds from area businesses to pay for the signs; all
signs state at the bottoms, "courtesy of " (with name or logo of
business that funded it). Area merchants were eager to contribute.
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
********************************************************************
We want to wish the best to the following Town Clerks who are
retiring. Louise and Velma should be proud of their service to their
towns and to the state of Vermont!
Louise Allen, Bradford Town Clerk, who is retiring from office
after 36 years.
Velma Plouffe, Richmond Town Clerk, who is retiring from
office after 13 years.
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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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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
collector 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.
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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March
2005 Calendar |
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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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