Officers

V.S.A. tit. 24 Appendix, ch. 127, subch. 3

in effect

24 App. V.S.A. ch. 127, § 301 Generally

301. Generally The officers of the Town of Middlebury shall be those provided by law for towns, except as otherwise provided by this charter. Such officers shall have all the powers and duties necessary to carry out the provisions of this charter as well as those provided by law.

24 App. V.S.A. ch. 127, § 302 Elective officers

302. Elective officers (a) The officers elected by the Town at its annual meeting shall be: (1) Five Selectboard members. (2) Town Meeting Moderator. (3) Five trustees of the Ilsley Library. (4) Three listers. (5) Three auditors, unless the Town has voted to eliminate the Office of Auditor pursuant to 17 V.S.A. § 2651b. (6) Town Clerk. (7) [Repealed.] (8) Members of the Prudential Committee of Middlebury Incorporated School District No. 4. (9) Middlebury members of the Board of Union School District No. 3. The number of such officers to be elected at each annual meeting shall be as hereafter set forth. (b) All elected officers shall be chosen from the legally qualified voters of the Town and shall hold office for the terms hereafter specified and until their successors are elected and qualified. (c) All officers shall be elected by Australian ballot. (d) When an elected officer specified in subdivisions 302(a)(1) through (7) of this charter resigns, makes another Town his or her residence, dies, or becomes incapacitated, his or her office shall become vacant and the Selectboard shall appoint an eligible person to fill the vacancy until the next annual meeting. The person elected shall at the annual meeting serve until his or her predecessor’s term expires. Incapacity shall include the failure of a Selectboard member to attend 50 percent of the meetings of the Board in any calendar year. (e) If the Town so votes at its annual meeting, two additional Selectboard members may be elected from the legally qualified voters of the Town for a term of three years each, the first such election to take place at the annual meeting following the annual meeting at which the additional offices are created. A vote so taken in favor of additional Selectboard members shall not be rescinded. Amended 2015, No. M-12, § 2, eff. May 26, 2015; 2023, No. M-6, § 2, eff. May 25, 2023.

24 App. V.S.A. ch. 127, § 303 Terms of office — Selectboard members

303. Terms of office — Selectboard members (a) Each Selectboard member shall be elected for a three-year term, except in the first election after this charter is adopted, at which two Selectboard members shall be elected for three-year terms, and one Selectboard member shall be elected for a two-year term. The two incumbent Selectboard members shall serve to the ends of their respective elected terms. After the first election following adoption of this charter, Selectboard members shall be elected for three-year terms as prior terms expire. Additional Selectboard members elected under subsection 302(e) of this charter shall be elected to initial terms that expire at the annual meeting for three-year terms. (b) All Selectboard members shall be elected at large. The persons with the largest number of votes for offices of equal terms shall be elected to those offices. If there are Selectboard offices with different terms, each candidate shall specify the term for which he or she seeks election.

24 App. V.S.A. ch. 127, § 304 Other elective officers

304. Other elective officers (a) The Board of Listers. (1) The Board of Listers shall consist of three members, to be elected as follows: the first year, one shall be elected for a three-year term; the two incumbent officers shall complete their elected terms. Thereafter, one shall be elected every year for a three-year term. (2) The Board of Listers shall perform duties established by State law and shall appoint an appraiser who shall be of competent professional background. Such appointment shall be approved by the Selectboard. (b) The three auditors shall be elected in the same manner as described for the Board of Listers, in subdivision (a)(1) of this section, unless the Town has voted to eliminate the Office of Auditor pursuant to 17 V.S.A. § 2651b. (1) The elected auditors shall be responsible for establishing and approving an independent municipal audit by a registered or certified public accountant. Such independent audit shall be required at least once a year. (2) The auditors’ duties shall otherwise be as established in 24 V.S.A. §§ 1681-1691. (3) Notwithstanding anything to the contrary in 17 V.S.A. § 2651b(c), the Town may vote by ballot at an annual meeting, pursuant to 17 V.S.A. § 2651b(a), to eliminate the Office of Town Auditor. If the Town votes to eliminate the Office of Auditor, the duties formerly carried out by the auditors shall be carried out in accordance with 17 V.S.A. § 2651b(a) and any other applicable statutes. (c) The Town Meeting Moderator shall be elected annually and shall perform those duties prescribed by the State law. (d) The Town Clerk shall be elected for a three-year term and shall carry out the duties of town clerk as specified by statute and by this charter. (e) The trustees of the Ilsley Library shall be elected and shall have such powers as are stated in 22 V.S.A. § 143. The Ilsley Library shall be operated by the trustees in accordance with 22 V.S.A. §§ 141 through 146. (f) The number of Prudential Committee and School Board members, their terms of office, and the occurrence and filling of vacancies shall be as provided under State statutes or the Charter of Incorporated School District No. 4, whichever is applicable. Each school officer elected at the Town’s annual meeting shall take office at 12:01 a.m. on the day following the annual meeting of the Union School District No. 3 or Incorporated School District No. 4, whichever is applicable. Amended 2015, No. M-12, § 2, eff. May 26, 2015.

24 App. V.S.A. ch. 127, § 305 Treasurer

305. Treasurer (a) The Treasurer shall be appointed by the Selectboard. (b) The Treasurer shall perform the duties required by State statutes or provided by this charter. He or she shall: (1) promptly deposit funds coming into his or her hands in such depositories as may be designated by the Selectboard; (2) invest Town funds coming into his or her hands in the manner designated by the Selectboard; (3) keep such books and accounts as may be required by the Selectboard; (4) make reports to the Selectboard monthly or at such other times as they may require showing the State of the Town’s finances; and (5) perform such other duties with respect to the Town’s finances as the Selectboard may require. Amended 2023, No. M-6, § 2, eff. May 25, 2023.

24 App. V.S.A. ch. 127, § 306 Appointed officers

306. Appointed officers (a) The Selectboard shall appoint any officers required by the Town’s personnel regulations or this charter. (b) The Town Manager shall function as the personnel officer of the Town. (c) Within one year after the adoption of this charter, the Selectboard shall adopt a written personnel policy. (d) The Selectboard shall appoint: (1) a First Constable, and if needed a Second Constable; (2) one or more grand jurors; (3) a Collector of Taxes; (4) a Town agent; (5) one or more fence viewers; (6) a Tree Warden; and (7) a Town Treasurer. (e) The Selectboard may appoint: (1) one or more weighers of coal; (2) a Poundkeeper; (3) one or more inspectors of lumber, shingles, and wood. Amended 2023, No. M-6, § 2, eff. May 25, 2023.

24 App. V.S.A. ch. 127, § 307 Recall

307. Recall (a) Any officer elected under subsection 302(a) of this charter may be removed from office as follows: (1) 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. (2) 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. (3) 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 that number vote 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 of the vote for removal, to fill the vacancy until the term of the officer so removed expires. (c) The votes for removal and to fill the office removed shall be by Australian ballot.

24 App. V.S.A. ch. 127, § 308 Vacancies and appointments

308. Vacancies and appointments (a) When the term of any member of the Zoning Board of Adjustment, the Planning Commission, or any other Town board or commission expires, or when the term of any officer appointed under subsections 306(d) and (e) of this charter expires, or when there is a vacancy in any such board, commission, or office, the Town Manager shall cause to be published, in a newspaper of general local circulation, a notice of the vacancy or the expiration of the term. (b) Any qualified voter of the Town may, within 10 days of the publication, submit his or her name to the Town Manager as an applicant for the vacant or expired office. At the expiration of 10 days from the date of the publication, the names of all persons being considered shall be entered in the Selectboard minutes; the Selectboard shall not fill the vacancy or expired term until after at least seven days from the date the names of the applicants are entered in their minutes.

24 App. V.S.A. ch. 127, § 309 Bonding of officers

309. Bonding of officers All officers of the Town required to be bonded by State law shall be bonded.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/24APPENDIX/127Fetched: 10/21/2026