Organization of Town Government

V.S.A. tit. 24 Appendix, ch. 107, subch. 2

in effect

24 App. V.S.A. ch. 107, § 2.1 Definitions

2.1. Definitions (a) “General Town Meeting” shall mean a meeting of the voters of the Town of Brattleboro, the Town School District, or both, to act on matters of election of all officers, referenda, and matters to be acted upon by Australian ballot. (b) “Representative Town Meeting” shall mean the meeting of Town meeting members as defined in section 2.4 of this charter and who are elected pursuant to section 2.3 of this charter to act on all articles, including municipal bonding articles, except those that relate to the election of officers, referenda, and other matters to be voted upon by Australian ballot and any other articles or subjects reserved to a General Town Meeting. (c) “Youth voter” means any person who is 16 to 18 years of age and is otherwise qualified to vote in Town elections pursuant to 17 V.S.A. chapter 43, subchapter 1. Amended 2003, No. M-6, § 2; 2011, No. M-10 (Adj. Sess.), § 2, eff. April 27, 2012; 2023, No. M-15, § 2, eff. June 20, 2023.

24 App. V.S.A. ch. 107, § 2.2 Elected officers

2.2. Elected officers On the first Tuesday in March, the voters and youth voters of the Town shall elect by Australian ballot the following: (1) Representative Town Meeting members, by district, in accordance with 1959 Acts and Resolves No. 302, § 4. The size of the Representative Town Meeting body shall not exceed 140 members excluding ex officio members. (2) A Selectboard of five members, elected at large, of whom two shall serve for one year and three shall serve for three years. (3) [Repealed.] (4) [Repealed.] (5) A Board of three listers, elected at large, of whom one shall be elected each year to serve for three years. (6) Three trustees of public funds, elected at large, of whom one shall be elected each year to serve for three years. (7) Other officers elected for one-year terms shall include a Moderator, a First Constable, and a Second Constable. Amended 2011, No. M-10 (Adj. Sess.), § 2, eff. April 27, 2012; 2023, No. M-15, § 2, eff. June 20, 2023.

24 App. V.S.A. ch. 107, § 2.3 Manner of election

2.3. Manner of election (a) Representative Town Meeting members: Representative Town Meeting members shall be elected by Australian ballot on the first Tuesday in March of each year. Voters and youth voters in each district shall elect, for staggered terms, three members for every 180 voters or major fraction thereof. Members shall serve for three years, except that a member elected to fill a vacancy shall serve for the remainder of the term. The manner of elections is fully prescribed in 1959 Acts and Resolves No. 302. (b) Other officers: Other officers shall be elected at large by Australian ballot on the first Tuesday in March. (c) The Australian ballot system for election of officers shall require the use of printed ballots. Such ballots shall be retained to ensure that a verifiable record of all votes taken is preserved and available in the event of a challenge or recount. (d) Candidacy for Town officers and Representative Town Meeting members, with the exception of write-in candidates, shall conform with State statute or 1959 Acts and Resolves No. 302. A candidate who intends to be a write-in candidate for a Town office or a Representative Town Meeting member shall notify the Town Clerk prior to the close of the polls on election day. Only votes for declared candidates shall be counted. Amended 2003, No. M-6, § 2; 2011, No. M-10 (Adj. Sess.), § 2, eff. April 27, 2012; 2023, No. M-15, § 2, eff. June 20, 2023.

24 App. V.S.A. ch. 107, § 2.3a Early voting

2.3a. Early voting (a)(1) A voter choosing to vote early by Australian ballot in the Town Clerk’s office shall vote in the same manner as those voting on election day, provided that the voter completes a “Request for Early Voter Absentee Ballot and Certification” form stating the following: (A) that the person is a legal voter on the voter checklist for Brattleboro; (B) that the person is a U.S. citizen and will be at least 18 years of age by the date of a general election; (C) that the person is not registering, requesting a ballot, or voting in any other jurisdiction except Brattleboro; and (D) that the information provided is true, accurate, and complete to the best of the voter’s knowledge. (2) The certificate shall be signed and dated by the voter. (3) The voter shall mark the early voter absentee ballot and deposit it into a vote tabulator. (4) As authorized for certain Town elections pursuant to this charter, a youth voter choosing to vote early shall vote in the same manner as a youth voter on election day, provided that the voter completes an early voting form required by the Town Clerk. (b)(1) During business hours in the Town Clerk’s office, the vote tabulator and ballot bin shall be in a secured area accessible only to election officials and voters. The vote tabulator unit shall be secured with an identifiable seal and the ballot box containing voted ballots shall remain locked at all times and secured with an identifiable seal. Neither seal shall be broken prior to the time of closing the polls on election day. Ballots shall be comingled with those voted at the polls on election day prior to being examined for the purpose of identifying write-in votes. (2) When an election official is not present or at times other than business hours, the sealed vote tabulator and ballot box shall be secured in the Town Clerk’s office vault. The sealed vote tabulator and sealed ballot boxes shall be transferred to the polling place on election day by two election officials and shall not be opened until the polls have closed on election day. (3) Once early voting has commenced in the Town Clerk’s office, the Clerk or designee shall certify each day in a record prepared for this purpose that the seals on the vote tabulator and ballot box are intact. (c) The Town Clerk shall maintain a record of those voting early voter absentee ballots in person. Prior to opening the polls on election day, the number of early voters who vote in person shall match the number of voted ballots displayed on the vote tabulator. (d) All provisions regarding early voting, including other methods of early voting and those not addressed in this section, shall be prescribed by 17 V.S.A. §§ 2531-2547. Added 2015, No. M-22 (Adj. Sess.), § 2, eff. May 17, 2016; amended 2023, No. M-15, § 2, eff. June 20, 2023.

24 App. V.S.A. ch. 107, § 2.4 Representative Town Meeting

2.4. Representative Town Meeting (a) Description: (1) In the event of a discrepancy between this section of the charter and 1959 Acts and Resolves No. 302, the provisions set forth in this charter shall prevail. (2) The Representative Town Meeting consists of up to 140 elected voters and youth voters. It is a guiding body for the Town and a source of ideas, proposals, and comments, elected by district as defined by the Board of Civil Authority. It exercises exclusively all powers vested in the voters of the Town. In addition to the elected members, the following shall be members ex officio: the members of the Selectboard, the School Directors, the Treasurer, the Clerk, the Moderator, and those State Senators and State Representatives who reside in Brattleboro. Representative Town Meeting shall act upon all articles on the Town meeting warning except those that relate to the election of officers, referenda, and other matters voted upon by Australian ballot. (3) The Representative Town Meeting shall convene annually on the third Saturday after the first Tuesday in March. Such date shall be confirmed at the preceding annual Representative Town Meeting and shall remain the same until changed by the Representative Town Meeting. (b) Ratifications: (1) The Representative Town Meeting shall: (A) [Repealed.] (B) Ratify or reject the appointment by the Selectboard of a Town Clerk for a term of one year whose term shall run from annual Representative Town Meeting to annual Representative Town Meeting. The Town Clerk shall have all rights and duties of the office of town clerk as prescribed by Vermont statutes. (C) Ratify or reject the appointment by the Selectboard of a Town Treasurer for a term of one year whose term shall run from annual Representative Town Meeting to annual Representative Town Meeting. The Town Treasurer shall have all the rights and duties of the office of town treasurer as prescribed by Vermont statutes. (D) Ratify or reject the appointment by the Selectboard of a Town Attorney (which may be a law firm) for a term of one year whose term shall run from annual Representative Town Meeting to annual Representative Town Meeting. (E) Ratify or reject the recommendations of the Selectboard and the school directors regarding administrative and functional organization of the Town or School District. (c) [Repealed.] (d) Finance Committee: The Representative Town Meeting shall establish a Finance Committee for the general purpose of reviewing proposed and actual expenditures by the Town, Town School District, and other budgets that affect the taxpayers of the Town of Brattleboro, including Brattleboro Union High School District 6. A review will include making recommendations to the Representative Town Meeting and the voters. The Committee will work with the Town Finance Director, School Finance Director, and other Town officials in assessing the recommendations and impact of the proposed annual budget and all finance policy, including fund balances, debt management, capital improvements, and the capital plan. It is also recommended that the Committee review all auditor’s reports and other matters of financial import that impact the voters of the Town. The Representative Town Meeting shall fix and from time to time may alter the number of members, the manner of their selection, their terms of office, their compensation if any, and other duties and functions. The Committee may choose its own officers. Pursuant to the rules established by Representative Town Meeting, appointment or election of Finance Committee members shall be made at each annual Representative Town Meeting. Amended 2003, No. M-6, § 2; 2011, No. M-10 (Adj. Sess.), § 2, eff. April 27, 2012; 2023, No. M-15, § 2, eff. June 20, 2023.

24 App. V.S.A. ch. 107, § 2.5 Selectboard

2.5. Selectboard The Selectboard is a legislative body of five persons elected at large by the voters and youth voters of the Town. The Selectboard directs the affairs of the Town within areas specified in subchapter 4 of this charter. Amended 2023, No. M-15, § 2, eff. June 20, 2023.

24 App. V.S.A. ch. 107, § 2.6 Board of School Directors

2.6. Board of School Directors The Board of School Directors is a body of five persons elected at large by the voters of the Town School District. The school directors direct the affairs of the School District within areas specified in subchapter 6 of this charter. Amended 2003, No. M-6, § 2; 2011, No. M-10 (Adj. Sess.), § 2, eff. April 27, 2012.

24 App. V.S.A. ch. 107, § 2.7 Board of Library Trustees

2.7. Board of Library Trustees (a) The library of the Town of Brattleboro, the Brooks Memorial Library, is incorporated under 22 V.S.A. chapter 3. It is also a Town department. (b) The Board of Library Trustees is a body of nine persons serving three-year terms. Three trustees shall be elected each year by the Representative Town Meeting from among persons nominated by the Selectboard and the Board of Library Trustees and from the floor of the annual Representative Town Meeting. (c) The Board of Library Trustees shall establish the operating procedures and policies of the Brooks Memorial Library and its branches, approve the library budget request to be forwarded to the Selectboard, and employ a Library Director who shall be responsible for executing the same through a library staff. (d) Vacancies on the Board of Library Trustees shall be filled by the Selectboard upon recommendation of the library trustees until the next annual Representative Town Meeting, at which time a trustee shall be elected to serve for the remainder of the vacated term. Amended 2003, No. M-6, § 2; 2011, No. M-10 (Adj. Sess.), § 2, eff. April 27, 2012.

24 App. V.S.A. ch. 107, § 2.8 Consolidation of services

2.8. Consolidation of services The Selectboard and the school directors may negotiate for the establishment of regional departments of public service, schools, or like regional organizations. No regional affiliation shall be established, however, without the consent of the Representative Town Meeting. The Town or Town School District may, by vote of Representative Town Meeting, also withdraw from any regional affiliation or organization. Amended 2003, No. M-6, § 2; 2011, No. M-10 (Adj. Sess.), § 2, eff. April 27, 2012.

24 App. V.S.A. ch. 107, § 2.9 Conflict of interest

2.9. Conflict of interest No member of any Town or Town School District board, commission, or committee shall vote on any matter where there is a direct or indirect financial or personal interest. It is expected that any member of any Town or Town School District board, commission, or committee with a conflict of interest will fully disclose the nature of his or her conflict and will recuse himself or herself from a vote on the issue at hand. The member with a conflict of interest may participate in the discussion of the issue at hand with the consent of the majority of the remaining board, commission, or committee members. Any interested person may publicly request that a member recuse himself of herself due to a conflict of interest. Amended 2003, No. M-6, § 2; 2011, No. M-10 (Adj. Sess.), § 2, eff. April 27, 2012.

24 App. V.S.A. ch. 107, § 2.10 Limits on terms of office

2.10. Limits on terms of office A member of any appointed commission or committee shall not serve for more than nine consecutive years or two consecutive terms, whichever is longer, and shall thereafter be ineligible for one year to serve in such office. This section does not apply to Representative Town Meeting members or to appointed Town officials. Amended 2011, No. M-10 (Adj. Sess.), § 2, eff. April 27, 2012.

24 App. V.S.A. ch. 107, § 2.11 Elected youth voter; authority

2.11. Elected youth voter; authority A youth voter who is elected to a Town office shall be capable of performing all duties and exercising all powers of that office, including the formation and execution of contracts relating to the office or official duties. Added 2023, No. M-15, § 2, eff. June 20, 2023.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/24APPENDIX/107Fetched: 10/21/2026