Elections and Local Officials

V.S.A. tit. 24 Appendix, ch. 149, subch. 2

in effect

24 App. V.S.A. ch. 149, § 21 Governmental authority

21. Governmental authority All governmental authority of the Town rests ultimately with the citizens and registered voters of the Town, who shall exercise their power by Australian ballot at the annual Town meeting in determining: (1) the election of officers of the Town; (2) the approval of the Town budgets; (3) all authorizations for major bonding or borrowing; (4) all special appropriations; (5) any articles placed on the warning that involve the expenditure of tax dollars or directing the power vested in elected or appointed officials; (6) adoption, amendment, or repeal of ordinances provided by petition per section 5 of this charter; and (7) charter amendments. Amended 2021, No. M-13 (Adj. Sess.), § 2, eff. May 16, 2022.

24 App. V.S.A. ch. 149, § 22 Town meeting; elections

22. Town meeting; elections (a) [Repealed.] (b) Meetings and Elections. (1) Annual Town meeting. (A) On the Monday preceding the first Tuesday in March, beginning at 7:00 p.m. at a place designated by the Selectboard, the Town shall start its annual meeting and may transact at that time any business not involving Australian ballot. At this meeting, public discussion of ballot questions and all other issues appearing on the warning, other than the election of candidates, shall be permitted. (B) A meeting so started shall be adjourned until the following day, the first Tuesday in March, at which time business involving Australian ballot will be transacted. (C) The date of the annual Town meeting may be changed by a vote of the citizens at an annual or a special Town meeting duly warned for that purpose. (2) Special Town meetings. (A) Special Town meetings may be called at any time for reasons as prescribed by charter, by a majority vote of the Selectboard, or by the decree of the Town Clerk upon receipt of a petition signed by no less than five percent of the voters registered at the time the petition is submitted. (B) A special Town meeting, called in accordance with subdivision (2)(A) of this subsection, shall be held within 60 days from the date of the official call to meeting. (3) Warnings. (A) Timetable and notice. Public notice of every annual or special Town meeting, or Town election, shall be given by a warning posted in not less than four public places in the Town and on the Town’s website,not less than 30, nor more than 40 days prior to the meeting, and published in a newspaper or newspapers of general circulation in the municipality as may be directed or designated by the Selectboard. (B) Contents. The warning shall contain: (i) the date, time, and location of the meeting; (ii) separate articles specifically indicating the business to be transacted in the language to be voted upon; (iii) the signatures of a majority of the Selectboard. (C) Placing of articles on a warning for the annual Town meeting. (i) Articles may be placed on the warning by: (I) a majority vote of the Selectboard; (II) a petition of at least five percent of the voters registered at the time the petition is submitted. (ii) Articles submitted by petition must be filed pursuant to State statute as to form and process. (4) Power of Selectboard on Australian ballot decree. (A) The Selectboard may cause any question to be voted by Australian ballot at any annual or special Town meeting called on their action, or by petition, provided that the warning for such meeting specifies the question to be voted. (B) All articles to be voted by Australian ballot shall be preceded by a public informational hearing. The warning of the vote shall include the notice of the public informational hearing and set forth the time and place of the public informational hearing. (5) Presiding officials at Town meeting and elections. (A) The Moderator shall preside at all Town meetings. In the Moderator’s absence, the Town Clerk shall call the meeting to order and the first order of business shall be the election of a Moderator Pro Tempore to preside for the duration of the meeting. (B) Town meetings shall be conducted in accordance with State law, this charter, and Robert’s Rules of Order, Revised. (C) It shall be the duty of the Moderator to take such actions deemed necessary to preserve order in the conduct of business and to preserve the principles of free speech, openness, and fairness in government. (D) The Town Clerk shall be the presiding official at all Australian ballot elections and, in cooperation with the Board of Civil Authority, shall assure that all laws related to elections are faithfully observed. (E) While the polls are open, the Town Clerk shall rule on all questions covering the conduct of Australian ballot elections, except the resolution of questions concerning the checklist that shall be made by the majority of the Board of Civil Authority members present. (F) In the absence of the Town Clerk and Assistant Town Clerk, should it occur before an election, the Board of Civil Authority shall, upon notice, immediately meet and designate an Acting Clerk for the duration of the election. Should the absence occur on election day, the Board of Civil Authority members present at the election shall designate an Acting Clerk to preside for the duration of the election. (6) Postponing or continuing of Town meetings. (A) The Selectboard may postpone a special Town meeting vote to the annual Town meeting if the date of the special Town meeting will fall within 75 days of the annual Town meeting. (B) If a special Town meeting called by petition falls within 45 days of a subsequent special or annual Town meeting called by petition, the Selectboard may warn the questions to be voted at such Town meeting for the later Town meeting and may by resolution rescind the call of the earlier meeting. (7) Citizen initiatives; revote; rescission of articles other than election of officers. (A) Any question voted at an annual or special Town meeting, except the adoption, amendment, or repeal of ordinances or of the charter and the recall of elected officials, may be submitted for revote or rescission at a subsequent annual or special Town meeting, subject to the limits contained herein. (B) Requests for revote or rescission must be by resolution of at least four members of the Selectboard or by a petition filed with the Town Clerk and signed by at least five percent of the voters registered on the date of the action. (C) Any request for revote or rescission must be taken or filed within 30 days following the date the question was first considered. (D) The Town Clerk shall warn a special Town meeting to be held within 60 days of the date following the request for revote or rescission. (E) The Town budget shall be subject to a revote only if voted in the negative. (F) The phrasing and presentation of a revote on any question shall be identical to that used on initial consideration. (G) Any question voted on or considered shall be subject to revote or rescission only once in the 12 months following the initial vote, except for the Town budget, which shall be voted until passed, and except for charter amendments by citizen initiative that are governed by subsection 11(c) of this charter. (H) A vote of a proposed amendment or revision of this charter by citizen initiative that is substantially similar in substance to a previous proposed amendment by citizen initiative may occur only once in one year. (8) Tie votes. (A) A tie vote, other than for an elected office, at any Town meeting shall require an immediate recount; if the tie vote is affirmed, then the articles must be revoted at a special Town meeting within 60 days. (B) Recounts other than tie votes may be requested in accordance with State statute. (9) Nonproductive elections. In the event that a legal election fails to produce a person to fill any elected Town office, the Selectboard shall, within 30 days following the election, appoint a registered voter to serve in the position until the next annual Town meeting at which an election will occur for the term of office or remaining balance of the unexpired term, whichever is applicable. (10) Board of Civil Authority. (A) The Board of Civil Authority shall consist of the justices of the peace residing within the Town who shall be elected in accordance with State statute, the Town Clerk, and the Selectboard. (B) At the first meeting following the first day of February of odd numbered years, the Board of Civil Authority shall elect a Chair and a Vice Chair from among its members. (C) The Town Clerk shall be the Clerk of the Board of Civil Authority. (D) The Board shall perform all duties as required by this charter and all duties as required by statute to the extent that they are not in conflict with this charter. Amended 2021, No. M-13 (Adj. Sess.), § 2, eff. May 16, 2022; 2023, No. M-2, § 2, eff. May 4, 2023.

24 App. V.S.A. ch. 149, § 23 Local elected officials

23. Local elected officials (a) Local elective offices to be filled by the registered voters of the Town shall be only those articulated by this charter and shall include: (1) Selectboard; (2) [Repealed.] (3) Moderator; (4) Library Trustees; (5) Cemetery Commissioners; (6) [Repealed.] (7) trustees of public funds. (b) Provisions related generally to all elected local offices. (1) Term. (A) Terms for elective offices shall begin officially when the Town Clerk and Board of Civil Authority certify election returns as final. (B) In the event of a recount, or unresolved irregularities in election returns, should action be required, it shall be taken by the officials sitting at the time of the election. (2) Oath of office. (A) An elected official shall take the oath of office prescribed by statute, if applicable, prior to taking any official action. (B) A signed copy of the oath must be filed with the Town Clerk within one week from its execution. (3) Compensation. (A) The manner of compensation for the Selectboard members and the Moderator shall be fixed by the voters and, for all other elective offices, by the Selectboard. (B) Expenses, actual and necessary to the performance of the duties of office, may be paid, provided they are submitted through the administration for processing and payment, except as may be provided by the voters. (4) Recall of elected officials. (A) Any elected official may be removed from office as follows: A petition signed by not less than 15 percent of the registered voters shall be filed with the Selectboard, requesting a vote on whether the elected officer shall be removed from office. The date of signing by each voter shall be indicated in the petition and such date shall not be earlier than 30 days prior to the filing of the petition. The Selectboard shall call a special Town meeting, to be held within 45 days of receiving the petition, to vote on whether the elected officer shall be removed. The official shall be removed only if at least as many registered voters of the Town vote as voted in the election wherein the officer was elected or at least one-third of the registered voters of the Town vote, whichever is greater, and a majority of the number of votes is cast for removal. (B) If the Town votes for removal of an elected officer, the office shall thereupon become vacant, and the Selectboard shall call a special meeting, to be held within 45 days following the vote for removal, to fill the vacancy for the remainder of the unexpired term. The office shall remain vacant until the next annual Town meeting if the special Town meeting would fall within 75 calendar days prior to the annual Town meeting. (5) Attendance. All elected officials are expected to attend all meetings of the public bodies of which they are members. (6) Holding of more than one office. (A) Elective offices. Nothing in this section shall be interpreted as limiting any person from holding a State or federal elective office at the same time that person holds local office, provided the service does not interfere or conflict with the proper attendance at meetings and execution of the duties of the office. (B) Local appointed boards and commissions. Elected officials shall not be prevented from serving on local appointed boards and commissions, provided said service does not conflict or interfere with the proper execution of the elective office. (7) Qualification to run for or hold local office. (A) No person shall be qualified to run for or be elected to hold an elective office unless the person is a registered voter in the Town. (B) Should an elected holder of local office establish residence in some place other than the Town, the office shall be declared immediately vacant by the Selectboard and said vacancy shall be filled in accordance with the provisions of this charter. (C) The requirements above dictate that a candidate or officeholder must actually dwell in the Town, and not merely maintain a residence therein. (8) Vacancy of elected office. (A) In addition to the requirement of subdivision (7) of this subsection (b), a vacancy shall be deemed to exist in any local office where an officer dies, resigns, is removed or recalled from office, is convicted of a felony, is convicted of a misdemeanor involving a breach of public trust, is judicially declared to be mentally incompetent, or no longer resides in the Town. (B) The declaration of vacancy shall be made by a majority vote of the Selectboard or, in the case of a Selectboard member, by the other members of the Selectboard. (c) Elected officers, duties, responsibilities, and conduct. (1) Selectboard. (A) Number and term. Unless altered by the procedures provided herein, the policy-making body for the Town shall be a five-member Selectboard, elected at large, on a nonpartisan basis, to staggered three-year terms. (B) Powers and duties. The Selectboard shall discharge all duties conferred, imposed, or implied by statute or prescribed by this charter for selectboards, except as herein limited, or specifically transferred to the Town Manager. Further, unless stated in this charter, the powers and duties of any elected or appointed office not created by this charter shall be conferred on the Selectboard. All committees of the Board, and all citizen boards and commissions, shall be advisory in nature unless a specific legal or policy-making function is otherwise provided by State law or ordinance as limited by this charter. In this charter, the failure to mention a particular power shall not serve to exclude it or be restrictive of the scope of powers that the Selectboard would otherwise have. (C) Organization of the Selectboard, Chair, Vice Chair. (i) The Selectboard shall have a Chair who shall be elected annually by a majority vote of the five members. (ii) The Board shall, in a similar manner, choose a Vice Chair to serve in the absence or disability of the Chair. (D) Duties of the Chair. (i) The Chair shall be the official head of the Town for all ceremonial purposes. (ii) The Chair shall preside at all meetings of the Selectboard and may participate in all proceedings as a regular member. (iii) All duties of an administrative nature, except as otherwise provided by this charter, shall be exercised by the Town Manager as provided herein. (E) Meetings. All meetings shall be conducted in accordance with Vermont’s Open Meeting Law, 1 V.S.A. chapter 5, subchapter 2. (i) Organizational meeting. (I) Within seven days after the annual Town meeting, the Selectboard shall meet for the purpose of taking the oath of office, organizing, electing a chair and vice chair, and adopting rules for the transaction of business. (II) The Town Clerk or designee shall preside at the organizational meeting of the Selectboard prior to the election of the Board Chair. (III) The Board may transact any other business required at that meeting. (ii) Regular meetings. (I) The Board shall hold regular meetings at a regular time, twice a month, with allowances for one monthly meeting during the months of June, July, and August. (II) [Repealed.] (iii) Agenda. (I) [Repealed.] (II) Any Selectboard member, citizen in attendance, or the Manager may request at the start of the meeting that items be added to the agenda. Items may be added to the agenda subject to Selectboard approval. (iv) Quorums; votes. (I) Three members shall constitute a quorum for any Board meeting except as provided otherwise by this charter. (II) The minutes of the meeting will record the vote of each Selectboard member. (III) No action of the Board shall be valid or binding unless acted upon by a majority of the members present unless otherwise provided for by this charter. (v) Minutes. (I) The Town Clerk or the Selectboard’s designee shall be the official Clerk of the Selectboard and shall be responsible for minutes in a form prescribed by Vermont’s Open Meeting Law. (II) [Repealed.] (vi) Special meetings and workshops. Special meetings may be called at any time by the Chair, or the Vice Chair in the absence of the Chair, or by written request, signed by three Board members. (vii) Executive session. The Selectboard may hold an executive session to discuss any action in accordance with the provisions of Vermont’s Open Meeting Law. (viii) [Repealed.] (ix) Vacancies. A vacancy on the Selectboard may be filled by a majority vote of the Selectboard, the appointment to run until the next annual Town meeting at which an election shall be warned to fill any unexpired term. (2) [Repealed.] (3) Moderator. (A) There shall be a Moderator elected on a nonpartisan basis for a one-year term, who shall perform all duties prescribed by this charter and State law. (B) Should a vacancy occur in the office of Moderator, it may be filled by a majority vote of the Selectboard, the appointment to run until the next annual Town meeting at which an election shall be warned to fill any unexpired term. (4) Library Trustees (A) The Library Board of Trustees shall consist of seven members to be elected at large. (B) Library Trustees shall serve staggered terms of three years. (C) Should a vacancy occur in the Office of Library Trustee, it may be filled by a majority vote of the Selectboard, the appointment to run until the next annual Town meeting at which an election shall be warned to fill any unexpired term. (5) Cemetery Commissioners. (A) There shall be elected five Cemetery Commissioners each to serve staggered five-year terms. (B) The Town Clerk shall be a nonvoting ex-officio member of the Cemetery Commission. (C) The Cemetery Commission shall advise the Selectboard regarding the condition, operation, and maintenance of cemeteries but shall in no way supervise administration of cemetery personnel. (D) The Town Clerk shall, under the direction of the Cemetery Commissioners, ensure that cemetery lots are properly laid out and that sale of lots is properly conducted. (E) The Cemetery Commissioners shall issue and update regulations regarding cemetery use, interment, and burial fees. (F) Should a vacancy occur in the office of Cemetery Commissioner, it may be filled by a majority vote of the Selectboard, the appointment to run until the next annual Town meeting at which an election shall be warned to fill the unexpired term. (6) Trustees of public funds. Public funds are funds received from private outside sources for specific long-term purposes and are maintained separately from the general operating fund. The Town has a fiduciary responsibility to maintain these funds in accordance with any restrictions placed on the funds at the time the funds were received. (A) There shall be elected three trustees of public funds, each to serve staggered three-year terms. (B) [Repealed.] (C) The trustees shall perform all duties as provided for by statute as limited or defined by charter. (D) The trustees shall be charged with maximizing the return on all invested funds while maintaining their security, which shall include the preservation of principal. In service of this goal, they shall file with the Selectboard an annual plan outlining the program of investments for the year. (E) All funds entrusted to the trustees shall be audited yearly as part of the Town’s annual audit. (F) Should a vacancy occur in the office of trustee of public funds, it may be filled by a majority vote of the Selectboard, the appointment to run until the next annual Town meeting at which an election shall be warned to fill the unexpired term. Amended 2019, No. 84 (Adj. Sess.), § 9; 2021, No. M-13 (Adj. Sess.), § 2, eff. May 16, 2022; 2023, No. M-2, § 2, eff. May 4, 2023; 2023, No. 6, § 261, eff. July 1, 2023.

24 App. V.S.A. ch. 149, § 24 Appointed nonadministrative officials

24. Appointed nonadministrative officials (a) General provisions applying to all appointed positions. (1) The appointed positions herein shall all be appointed by a majority vote of the Selectboard. (2) Terms of appointment shall begin immediately upon Selectboard action and run for a period as specified herein. (3) All appointees shall be administered the oath of office in the form as provided for by statute, if applicable. (4) Appointees may be afforded compensation or reimbursement for expenses as determined by the Selectboard. (5) [Repealed.] (6) To the highest degree possible, the Selectboard shall strive for a balance of opinion on all appointive positions, boards, and commissions. (7) Although operating independently, all appointive boards and commissions shall be required to cooperate with the Selectboard in the exercise of their duties in the pursuit of the public good. They shall be required to file an annual report for inclusion in the Town report, and also to file any other reports requested by the Selectboard, and attend any meeting so requested by the Selectboard. (8) If an appointed official misses three consecutive regularly scheduled meetings of the appointed body, the chair of that board or commission shall report to the Selectboard, who may then declare that position vacant. (9) Elected officials shall serve in appointed positions, boards, and commissions if the specific membership of the board or commission calls for their service, subject to the limits outlined herein. (10) Town employees may serve in appointive positions as limited by charter but may not vote on any issue directly affecting their position or conditions of employment. (b) Appointed positions. (1) The functions of the following positions are governed by the applicable State statute, as limited by charter or ordinance: (A) [Repealed.] (B) [Repealed.] (C) Tree Warden; (D) [Repealed.] (E) Pound Keeper; (F) Town Clerk; (G) Town Attorney; (H) Town Treasurer; (I) [Repealed.] (J) Delinquent Tax Collector. (K) Town Constable. (i) The Selectboard shall appoint the Town Constable, who shall serve a one-year term. (ii) The Constable shall be responsible for assisting the Town Clerk in the regulation and licensing of dogs. (iii) The Constable shall be in attendance at all Town meetings and shall serve as sergeant at arms to assist the moderator as necessary in the maintenance of order. (iv) The Selectboard may assign additional responsibilities to the Constable as necessary or convenient. (v) A vacancy in the Office of the Constable shall be filled by a majority vote of the Selectboard. (c) Appointed boards and commissions established by charter. (1) Planning Commission. (A) The Selectboard shall appoint the members of the Planning Commission in accordance with State statute. All members shall be registered voters of the Town. (B) [Repealed.] (2) Development Review Board. (A) The Selectboard shall appoint the members of the Development Review Board in accordance with State statute. All members shall be registered voters of the Town. (B) [Repealed.] (3) Housing Authority. (A) The Selectboard shall appoint members of the Housing Authority established pursuant to 24 V.S.A. chapter 113. (B) [Repealed.] (C) The Housing Authority shall also advise the Selectboard on housing issues generally when so requested. (4) Airport Commission. (A) Provided that there is a regional, State-owned airport in the Town, the Selectboard shall appoint an Airport Commission, the number of members to be decided by the Selectboard. (B) The purpose of the Airport Commission shall be to advise the Selectboard on airport-related matters. (C) The Airport Commission shall serve as the Airport Advisory Committee as prescribed by State statute. (d) Boards, commissions, committees created by Selectboard action. (1) The Selectboard may, at any time, in response to a perceived need, create, by ordinance or resolution, a board, commission, or committee. (2) In doing so, the action must clearly state the reason for the creation of the body. (3) Any body created under this subsection shall not have an effective life of more than three years. At the end of that period, the mandate creating the committee shall terminate and the Selectboard shall be required to review the reason for the body’s existence and may act to reconstitute the body. Amended 2021, No. M-13 (Adj. Sess.), § 2, eff. May 16, 2022.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/24APPENDIX/149Fetched: 10/21/2026