Officers

V.S.A. tit. 24 Appendix, ch. 3, subch. 5

in effect

24 App. V.S.A. ch. 3, § 116 Duties generally

116. Duties generally The Mayor shall be the Chief Executive Officer of the City. The Mayor shall use his or her best efforts to see that the laws and City ordinances are enforced and that the duties of all subordinate officers are faithfully performed. The Mayor shall take care that the funds of the City are properly expended, and shall recommend to the consideration of the City Council whatever measures the Mayor may deem necessary for the prudent and efficient management of the affairs of the City. The Mayor shall also be the Chief Conservator of the Peace and Safety of the City and as such is empowered to control and direct the police force, in case of riot, insurrection, or other emergency, when the Mayor may take command of the whole police force, including the Chief Executive thereof, and may for the occasion appoint and commission as many special police officers as the Mayor may deem necessary, who shall have all the powers of regular members of the police force. Any emergency as provided for in this section shall not be construed to be the operation of the police force in its routine duty. The Mayor shall serve as a voting member of the Local Control Commissioners. The Mayor shall have those powers of a justice of the peace in the State of Vermont with respect to the performance of marriage and/or civil unions. The Mayor, commencing on the first Monday in June 2002, shall appoint all City department heads who were heretofore appointed by City commissions, with the exception of the Superintendent of Schools, who shall continue to be appointed by the Board of School Commissioners. Such appointments shall be subject to confirmation by a majority of the membership of the City Council. The appointment by the Mayor to the position of City officer or department head shall be on the basis of professional competency and/or meritorious performance relating to the duties of the position. In making department head appointments and in evaluating their performance, the Mayor shall consult with the applicable City commission. At least two applicable commissioners chosen by the chair shall be invited to participate in interviews for department head selection. The full applicable commission shall formally participate in the annual evaluation of a department head and shall make a formal recommendation to the Mayor concerning the reappointment of a department head. Department heads shall have such administrative, personnel, and managerial authority as shall be delegated to them by the Mayor. Amended 2009, No. M-17 (Adj. Sess.), § 3, eff. April 24, 2010; 2019, No. M-6, § 2, eff. May 23, 2019.

24 App. V.S.A. ch. 3, § 117 Order of succession; Mayor to notify Chief Administrative Officer of his or her intended absence

117. Order of succession; Mayor to notify Chief Administrative Officer of his or her intended absence In case of a temporary absence of the Mayor from the City or the Mayor’s temporary inability to serve, the President of the City Council shall act as Mayor. It shall be the duty of the Mayor to give the Chief Administrative Officer due notice of the temporary absence of the Mayor from the City and of his or her return, and said Chief Administrative Officer shall duly notify the President of the City Council thereof. In case of the temporary absence from the City or temporary inability to serve of the President of the City Council, the City Attorney shall act as Mayor.

24 App. V.S.A. ch. 3, § 118 Mayor to administer oaths

118. Mayor to administer oaths The Mayor shall have power to administer oaths in all cases proper for the administration of an oath before the City Council, and official oaths to the several officers of said City, when such oaths are required by law; and the President of the City Council shall have the like power, in all cases proper for the administration of an oath before the City Council.

24 App. V.S.A. ch. 3, § 119 Remission of fines authorized

119. Remission of fines authorized The Mayor, with the consent of the City Council, shall have power to remit fines and costs, in whole or in part, in cases where the same are payable into the City Treasury, and shall cause the reasons for such remissions to be entered on the City records.

24 App. V.S.A. ch. 3, § 120 Enumerated

120. Enumerated There shall be maintained in said City a Board of Assessors consisting of the City Assessor and two legal voters of said City; a Board of Tax Appeals normally consisting of seven legal voters of said City; a Board of Public Works Commissioners consisting of seven legal voters of said City; a Board of Cemetery Commissioners, a Board of Light Commissioners, a Board of Fire Commissioners, and a Board of Health, each consisting of five legal voters of said City; a Board of Airport Commissioners consisting of five legal voters of the City of Burlington, one legal voter of the City of South Burlington, and one legal voter of the City of Winooski; a Board of Police Commissioners, consisting of seven legal voters of said City; a Board of Park and Recreation Commissioners, consisting of seven legal voters of said City; a Board of Library Commissioners consisting of 10 members; a Board of Planning Commissioners, the members of such boards to be appointed by the City Council with Mayor presiding; a Board of School Commissioners consisting of 12 legal voters of said City and of the respective wards in which they are elected; and a Board of Finance to be constituted as hereinafter provided. Amended 2013, No. M-15 (Adj. Sess.), § 2, eff. March 3, 2015; 2015, No. M-18 (Adj. Sess.), § 2, eff. May 17, 2016; 2021, No. M-7 (Adj. Sess.), § 2, eff. February 14, 2022.

24 App. V.S.A. ch. 3, § 120a Merger of boards

120a. Merger of boards Notwithstanding section 120 of this charter, the Mayor shall have power and authority, when authorized by resolution of the City Council, to effect a merger of any one or more of the boards of commissioners enumerated in section 120, or of any other City board or department now existing or hereafter created, except the Board of School Commissioners, when, in the judgment of such Mayor and City Council more efficient and effective delivery of municipal services would result therefrom. The name of any department created by merger, the size of its board of commissioners, and then the scope of its jurisdiction shall be set forth in the resolution approving such merger.

24 App. V.S.A. ch. 3, § 122 Enumerated

122. Enumerated (a) On the first Monday in June 1998, the Mayor shall appoint a City Assessor and a Director of the Human Resources Department for a one-year term commencing July 1, 1998. Commencing on the first Monday in June 1999, and biannually thereafter, the Mayor shall appoint such City Assessor and Human Resources Director for a term of two years commencing on the first day of July following the appointment, and until their successors have been appointed and qualified. The Mayor shall appoint on the first Monday of June, 1998 and annually thereafter, and whenever a vacancy occurs, a Chief Administrative Officer, a City Attorney and one or more assistant City attorneys, a City Constable and a Second, Third, and Fourth Constable, a City Engineer and Surveyor, a City Grand Juror and Assistant City Grand Juror, a Harbor Master, a Poundkeeper or a firm or corporation to provide the services of such, a Director of the Community and Economic Development Office, a Director of Burlington City Arts, and a Civil Defense Director. All of the above-referenced appointments shall require the approval of a majority of the City Council. Additionally, commencing on the first Monday in June 2002, and whenever a vacancy occurs, the Mayor shall appoint a Director of Aviation, a Cemetery Superintendent, an Executive Director of the Church Street Marketplace District, a General Manager/Superintendent of the Electric Department, a Chief Engineer of the Fire Department, a librarian(s) of the Fletcher Free Library, a Superintendent of the Parks and Recreation Department, a Police Chief, and a Superintendent/Director of the Public Works Department. The Mayor shall also appoint a Director of Permitting and Inspections, a Zoning Administrative Officer, and a Director of Planning. The first two appointments of an individual to serve in any such position shall be for one-year terms. After an individual has served in a position for two successive years, the Mayor may thereafter appoint such person to serve terms of not more than three years, except that in no case shall an appointment be valid for more than 15 months following the election of a new Mayor. In all cases, such appointments shall continue until their successors have been appointed and qualified. The Mayor shall also have the authority to appoint the superintendent/director of any City department that may hereafter be created by the City Council. (b) The appointments described in subsection (a) of this section shall require the approval of a majority of the whole number of the City Council. In cases where the Mayor appoints an individual for a term longer than one year, the City Council must also approve the duration of such term. Amended 2019, No. M-6, § 2, eff. May 23, 2019.

24 App. V.S.A. ch. 3, § 124 Chair; clerk, records

124. Chair; clerk, records Each of the boards and commissions named in section 120 of this charter shall organize by the election of a chair and by the appointment of a clerk and, with the exception of the Board of Assessors and the Board of Tax Appeals, the clerk shall keep a written record of the proceedings of his or her respective board, such records to be the property of the City. The clerk need not be a member of the board or commission.

24 App. V.S.A. ch. 3, § 125 Mayor and City Councilors

125. Mayor and City Councilors (a) Term of Mayor. On the first Tuesday in March 2003 and triennially thereafter, the legal voters of the City shall, from among the legal voters thereof, elect a Mayor who shall hold office for the term of three years from the first Monday in April next following such election. (b) Term of City Councilors. (1) On the first Tuesday in March 2015 and biennially thereafter, the legal voters of each of the South, Central, East, and North City Districts shall, from among the legal voters of their respective district, elect a City Councilor for a two-year term. (2)(A) On the first Tuesday in March 2015, the legal voters of each of Wards One, Two, Three, Four, Five, Six, Seven, and Eight shall, from among the legal voters of their respective ward, elect a City Councilor for a three-year term. (B) On the first Tuesday in March 2018 and biennially thereafter, the legal voters of each ward shall elect a City Councilor for a two-year term. (3) The term of each City Councilor shall begin on the first Monday in April following his or her election. Amended 2013, No. M-15 (Adj. Sess.), § 2, eff. March 3, 2015.

24 App. V.S.A. ch. 3, § 126 Commissioners and Board of Tax Appeals

126. Commissioners and Board of Tax Appeals (a) Except as specified in section 179 of this charter with respect to the library commissioner elected from the library staff, each public works commissioner, cemetery commissioner, police commissioner, fire commissioner, light commissioner, park and recreation commissioner, airport commissioner, planning commissioner, library commissioner, member of the Board of Health, and member of the Board of Tax Appeals shall hold office for the term of three years, from the first day of July following his or her appointment or until their successors are appointed and qualified. (b) Each assessor, except the City Assessor, shall hold office for the term of three years from the first day of April following the appointment and until his or her successor is appointed and has qualified. Amended 2015, No. M-7, § 2, eff. May 18, 2015.

24 App. V.S.A. ch. 3, § 127 Department heads and other officers

127. Department heads and other officers All officers whose terms of office are not herein or by general law otherwise specified, shall, except as herein otherwise provided, hold their offices for the specified terms from the first day of July following their appointment, and until their successors are appointed and have qualified. Amended 1999, No. M-7, § 7, eff. May 19, 1999; 2009, No. M-17 (Adj. Sess.), § 4, eff. April 24, 2010.

24 App. V.S.A. ch. 3, § 128 Manner of filling

128. Manner of filling (a) In case of a vacancy in the Office of Mayor, occasioned by death, resignation, removal from said City, permanent inability to serve, failure to elect, or disqualification of the person chosen, the President of the City Council shall act as Mayor until such successor is elected and has qualified. (b)(1) In case of any vacancy in the City Council from any of the causes described in subsection (a) of this section, the same shall be filled by a new election in the proper ward or City district. (2) If any City Councilor shall remove out of the ward or City district for which he or she may have been elected or no longer reside in such ward or City district as a result of reapportionment, his or her office shall thereupon become vacant and the same shall be filled by a new election in the proper ward or City district. (c)(1) In case there shall arise an occasion for any such new election, as a result of a vacancy in the Office of Mayor or City Councilor for any of the causes described in this section, the same shall be held within 90 days of the date of such vacancy, provided such vacancy shall occur before the first day in October in any year, unless a citywide election has been prescheduled to occur between the 90th and the 120th day of the date of such vacancy, in which case the same shall be held on such prescheduled election date; otherwise it shall be filled at the next annual City election. (2) In every case, the person so elected shall serve for the remainder of the official term. (3) In the case of reapportionment, such election shall be held at the next ensuing annual City meeting and the term of the City councilor who no longer resides in the ward or City district as a result of reapportionment shall continue until the newly elected City councilor assumes office on the first Monday in April. Amended 2003, No. M-14, (Adj. Sess.), § 2; 2013, No. M-15 (Adj. Sess.), § 2, eff. March 3, 2015.

24 App. V.S.A. ch. 3, § 129 Appointing body or person has power to remove

129. Appointing body or person has power to remove The City Council with Mayor presiding shall have power, for such causes of incapacity, negligence, or bad conduct as to it shall seem sufficient, to suspend or remove from any office any City officer who may be appointed by the City Council with Mayor presiding and to fill all vacancies in any such office from whatever cause arising. The Mayor and each board shall have like power of removal in respect to any officers who may be appointed by them, except as herein otherwise provided, and provided that in case the appointment of such officer is made subject to the approval of the City Council or City Council with Mayor presiding, the removal of such officer shall likewise be made subject to the approval of the City Council or City Council with Mayor presiding, as such appointment was made. Additionally, the City Council may, on the initiative of the Mayor, by an affirmative vote of at least two-thirds of its entire number, remove at any time at its pleasure any City officer or department head it should determine is no longer effectively serving the City, and all City officers and department heads shall take and hold office subject to this authority. Amended 2001, No. M-6, § 2.

24 App. V.S.A. ch. 3, § 130 Manner of filling vacancy and residency requirement

130. Manner of filling vacancy and residency requirement (a) In case of a vacancy for any cause in any office referred to in section 129 of this charter, such vacancy shall be filled in the manner herein provided for appointment thereto, but only for the remaining months of the then current fiscal year, plus one additional year, or for the balance of the unexpired term, whichever is the shorter. (b)(1) Any individual elected to the position of Mayor must be a legal voter of the City as of the date the written consent required by 17 V.S.A. § 2681(a) is filed and at all times during his or her term of office. (2) Any individual elected to the position of City councilor or school commissioner must be a legal voter of the City and of the ward or City district he or she proposes to represent as of the date the written consent required by 17 V.S.A. § 2681(a) is filed and at all times during his or her term of office. (3) Any person appointed to serve as a member of any City commission must, except as otherwise specifically provided for herein, be a legal voter of the City at all times during his or her term of office. (c) Except as provided below, any person appointed by the Mayor and approved by the City Council for the position of City Assessor, City Attorney, Chief Administrative Officer, City Constable, Civil Defense Director, Director of the Office of Community and Economic Development, Harbor Master, Director of Planning, Director of Permitting and Inspections, or Human Resources Director, and any person appointed to be the superintendent or corresponding Chief Executive Officer of the Cemetery, Electric Light, Fire, Parks and Recreation, Police, Public Works, or School Departments shall, in order to be legally eligible to serve, either be a legal voter of the City as of the date his or her term of office commences and at all times thereafter or, if not a legal voter as of the date his or her term of office commences, shall become a legal voter within the City within one year from the date such term of office commences and maintain such status at all times thereafter. In case of personal hardship found and declared to exist by the City Council with Mayor presiding, the time limit for an individual to become a legal voter of the City may be extended for a set period of time beyond one year. (d) The above subsections hereof shall not be considered applicable to an incumbent in the above listed positions so long as such incumbent remains in the position that he or she holds as of March 1, 1994. Nor shall the above subsections be regarded as applicable to any City position that is not listed above or to the appointed assistants in any position listed above. (e) In case any person holding any elective or appointive office in the City shall at any time for any reason become legally disqualified to hold such office, such office shall thereupon become vacant and shall be filled for the unexpired term in which such vacancy occurs and in the manner herein provided for filling such vacancy. Amended 2001, No. M-6, § 2; 2013, No. M-15 (Adj. Sess.), § 2, eff. March 3, 2015; 2019, No. M-6, § 2, eff. May 23, 2019.

24 App. V.S.A. ch. 3, § 131 Dual positions prohibited

131. Dual positions prohibited No City councilor may serve as a City employee or as a commissioner of a City department. However, a City councilor may be appointed to serve as a member of a regional board such as the Chittenden County Regional Planning Commission, the Chittenden Solid Waste Management District, or other similar board. No member of a commission provided for in this charter shall be eligible to serve as a member of any other such commission, except that a planning commissioner may be a member of a Development Review Board. No City employee may be a member of any commission having jurisdiction over the department in which he or she is employed, provided membership on the Retirement Board is permissible, should such employee be elected thereto. The Mayor may not be employed in any other City position, but may serve in all capacities specifically authorized by this charter. Provided further, this section shall not be read to preclude continued service, including reappointment, of any incumbent commissioner. Amended 1999, No. M-14 (Adj. Sess.), § 5; 2001, No. M-11 (Adj. Sess.), § 3.

24 App. V.S.A. ch. 3, § 132 Mayor, City Council, and other City officials

132. Mayor, City Council, and other City officials (a)(1) The Mayor shall receive such annual compensation as shall be voted by the City Council, but the same shall not be less than $12,000.00 per year. (2) Each member of the City Council, beginning on July 1, 2017 and thereafter with the first Monday of April 2018, shall receive the annual sum of $5,000.00. (3) Compensation shall be prorated according to actual months of service. (b) A member of the City Council shall receive proper reimbursement for any expenses necessarily incurred in fulfilling the duties of the member’s office. Regulations for determining eligibility for necessary expense reimbursement may be promulgated by the Board of Finance. The City Council shall fix the compensation of all other City officers, except as herein otherwise provided. Amended 2017, No. M-9, § 2, eff. May 22, 2017.

24 App. V.S.A. ch. 3, § 133 Conflicts of interest

133. Conflicts of interest (a) No City officer shall participate in any fashion or cast a vote on any matter in which either a direct or indirect conflict of interest is present. Nor shall a City officer participate or vote on any question in which such participation or vote would reasonably create in the mind of an objective person the appearance of a direct or indirect conflict of interest. The presence of a circumstance as above enumerated shall be regarded as a conflict of interest situation. In the event a conflict of interest situation arises, the affected City officer shall at the first opportunity formally declare the existence of the conflict of interest situation. Thereafter, such officer shall not participate in any fashion at any level, formally or informally, in the discussion of the matter, nor cast a vote of any kind at any level with respect to the matter to which the conflict of interest situation applies. For the purposes of this section, the following definitions shall be applicable: (1) “Direct Conflict of Interest” shall mean a situation in which the City officer has a direct and immediate financial interest in a matter that is officially before such officer or before a board of which such officer is a member. Such financial interest shall be regarded as present if the City officer is either the self-proprietor of the organization seeking to do business with the City or an officer, partner, professional associate, shareholder holding at least five percent of the outstanding shares of any particular class of shares, director, or managerial employee of such organization. It shall also be regarded as present if the City officer serves as legal counsel, accountant, architect, or consulting engineer, or has another such professional relationship with such organization. For purposes of this subsection, doing business with the City shall mean contracting within the City, seeking or opposing a permit or similar permission for a particular activity, seeking or opposing a legal enactment or some amendment thereof, soliciting employment with the City, or otherwise requesting some status, right, or benefit from the City that has a financial value. Doing business with the City shall not include supporting or opposing the passage of a legislative measure unless such measure relates substantially to the City officer’s business or business organization rather than to a broad scope of private and public interests that may include the private financial interests of the City officer. (2) “Indirect Conflict of Interest” shall mean a situation in which the City officer is a spouse, parent, child, brother, sister, grandparent or grandchild, uncle, aunt, niece, nephew, or first or second cousin of an individual who would have a direct conflict of interest were such City officer involved in the situation. (3) “City Officer” shall mean the Mayor, a member of the City Council, a member of the Board of School Commissioners, a commissioner appointed by the City Council with Mayor presiding, a superintendent or corresponding department head of a City department, or any City official who is appointed by the Mayor subject to the approval of the City Council. (b) The proscribed appearance of a conflict of interest shall be deemed to be present when either the City officer formally announces the existence of such or two-thirds of the whole number of the City Council, or in the case of a City officer in the School Department two-thirds of the whole number of the Board of School Commissioners, shall vote in a particular situation that such a conflict of interest situation exists for a particular City officer. In such a proceeding, the Mayor shall preside and vote as a member of the City Council, but no City Council or School Board member shall participate or vote if such officer is the subject of the discussion as to whether a conflict of interest situation exists. (c) Any City officer who violates the provisions of this section shall be regarded as guilty of bad conduct. City officers other than the Mayor, members of the City Council, and members of the Board of School Commissioners shall be subject to removal or suspension in accordance with the procedures set out in this City charter and applicable State statutes. The Mayor or a member of the City Council shall be subject to official censure upon affirmative vote of two-thirds of the whole number of the City Council with the Mayor presiding and voting as a member thereof. A member of the Board of School Commissioners shall be subject to official censure upon the affirmative vote of two-thirds of the whole number of such Board. Provided, neither the Mayor, a member of the City Council, nor a member of the Board of School Commissioners shall participate in such discussion and vote if such individual is the subject of the discussion. (d) While not proscribed by the precise requirements of this section, a City officer is also requested to consider declaring a conflict of interest situation and not participating in any matter where as a result of close personal friendship with an applicant or for any other reason unrelated to the merits of the matter, the City officer is not able to consider the matter at issue without being influenced and guided by such friendship or other reason unrelated to the merits of the matter. Further, a City officer who holds less than five percent of the shares of any particular class of shares in any organization seeking to do business with the City is also requested to declare his or her ownership of such shares when voting on a matter in which he or she would have a conflict of interest if the percentage of ownership were five percent or greater.

24 App. V.S.A. ch. 3, § 134 Required of Treasurer and other officers handling City funds

134. Required of Treasurer and other officers handling City funds The Treasurer and all other City officers who receive or disburse any of the funds of the City shall annually, before entering upon the duties of their office, give bonds to the City in amount satisfactory to the City Council for the faithful discharge of their respective duties.

24 App. V.S.A. ch. 3, § 135 City Council to approve surety company; costs to be paid by City

135. City Council to approve surety company; costs to be paid by City All City officers from whom bonds are required shall furnish bonds of a surety company satisfactory to the City Council. The Chief Administrative Officer shall pay the cost of such bonds from the money appropriated for incidental expenses. Amended 2001, No. M-6, § 2.

24 App. V.S.A. ch. 3, § 136 Officer to be removed from neglect to give bond after notice

136. Officer to be removed from neglect to give bond after notice In case of the neglect of any officer to give bonds as above specified after 10 days’ notice from the City Council that he or she is required so to do, his or her office shall thereupon become vacant and the vacancy shall be filled as hereinbefore provided.

24 App. V.S.A. ch. 3, § 137 Form

137. Form All officers of the City shall, before assuming office, take, subscribe, and file with the City Clerk the following oath: “I solemnly swear that I will faithfully execute the office (duty or trust), of ______ of the City of Burlington to the best of my judgment and abilities, according to law, so help me God.”

24 App. V.S.A. ch. 3, § 138 Duties of Chief Administrative Officer generally

138. Duties of Chief Administrative Officer generally (a) The Chief Administrative Officer shall, subject to the authority of the Mayor as Chief Executive Officer, have direct responsibility for those administrative, financial, and record keeping responsibilities that are not assigned by this charter to another City entity. The Chief Administrative Officer shall have supervisory responsibility for those functions, herein outlined, which were formerly the responsibility of the City Clerk and City Treasurer. (b)(1)(A) The Chief Administrative Officer shall perform for said City the same duties devolving by the law of the State upon town clerks, except insofar as the same are changed or modified by the provisions of this charter and shall receive and collect for and on behalf of the City to be used for City purposes all and the same fees to be paid to town clerks for the performance of those duties under the general laws of the State. (B) The Chief Administrative Officer shall keep a full and complete record and account of all fees as received and as paid to the Chief Administrative Officer in a form and manner as the Board of Finance and the City Auditor may prescribe, and shall give a proper receipt for every fee collected. (2) The Chief Administrative Officer shall receive only an annual salary or other compensation as shall be determined by the City Council. (3) The Chief Administrative Officer shall be ex officio Clerk of the City Council with Mayor presiding, City Council, Board of Civil Authority, Board for the Abatement of Taxes, and Liquor Control Commissioners. (4) The Chief Administrative Officer shall have exclusive charge and custody of the public records of the City and of all records, papers, and documents belonging to the Town of Burlington at the time the City of Burlington was organized. (5)(A) The Chief Administrative Officer shall be the presiding officer for ward, City district, City, and legislative district elections. (B) An assistant within the Chief Administrator’s office may be designated by the Chief Administrative Officer to be the presiding officer for ward, City district, City, and legislative district elections. (c) The Chief Administrative Officer shall have the same powers and be subject to the same liabilities as are prescribed by the laws of this State for town treasurers, shall perform all of the duties relating to the issuing and paying of school bonds, and bonds to retire outstanding indebtedness and such other duties as are herein specified. In the absence or inability of the Chief Administrative Officer to perform his or her duties, the next ranking employee within the Chief Administrative Officer’s office (First Assistant City Treasurer) shall have the same powers, be subject to the same liabilities, and perform the same duties as devolve upon the Chief Administrative Officer. (d) The Chief Administrative Officer shall be responsible to employ such other employees as may be approved by the City Council. (e) The Chief Administrative Officer shall be authorized to perform other administrative and executive functions and responsibilities as assigned by the Mayor. It shall also be the responsibility of the Chief Administrative Officer to provide adequate staff resources for the City Council, provided such resources are approved as a portion of the annual City budget. Amended 1997, No. M-18 (Adj. Sess.), § 7, eff. April 23, 1998; 2001, No. M-6, § 2; 2013, No. M-15 (Adj. Sess.), § 2, eff. March 3, 2015.

24 App. V.S.A. ch. 3, § 139 Public records to remain in Chief Administrative Officer’s office; Council may regulate removal

139. Public records to remain in Chief Administrative Officer’s office; Council may regulate removal Such records shall not be taken out of or away from said Chief Administrative Officer’s office except upon the order or process of a court of competent jurisdiction; but said City Council may, by ordinance or bylaw, regulate the removal from said office of all papers and documents belonging to said City and in the custody of said Chief Administrative Officer as aforesaid.

24 App. V.S.A. ch. 3, § 140 Certified copies of records to be made

140. Certified copies of records to be made Said Chief Administrative Officer shall, on being tendered therefor the fees allowed town clerks under the law of this State for similar services, and to be accounted for and paid to the Treasury for City purposes, as provided in the second preceding section, make duly certified copies of said records, papers, and documents, and such copies so certified shall be legal evidence, of the same validity and effect as those of town clerks, in all courts and for all purposes.

24 App. V.S.A. ch. 3, § 141 Certification that notices, ordinances, etc., have been posted required

141. Certification that notices, ordinances, etc., have been posted required Whenever any notice signed by the Mayor, City Council, or any City officer or officers, or any advertisement, ordinance, resolution, or bylaw shall have been published in some newspaper or newspapers or publicly posted under the provisions of the general law, this charter, or the ordinances thereby authorized, the Chief Administrative Officer shall examine and ascertain whether such notice, advertisement, or ordinance has been duly published or posted, and if such be the fact the Chief Administrative Officer shall so certify upon the proper City record; and such record or a duly certified copy thereof shall be treated as prima facie evidence of the facts so certified.

24 App. V.S.A. ch. 3, § 142 Assistants

142. Assistants An assistant may be designated by the Chief Administrative Officer to make duly certified copies of any records, papers, or documents in the same manner as the Chief Administrative Officer, without regard to the absence or disability of the Chief Administrative Officer, and such copies, so certified, shall be legal evidence, of the same validity and effect as those of town clerks, in all courts and for all purposes.

24 App. V.S.A. ch. 3, § 143 [Reserved.]

24 App. V.S.A. ch. 3, § 144 Chief Administrative Officer to keep record of notes and bonds issued

144. Chief Administrative Officer to keep record of notes and bonds issued The Chief Administrative Officer shall keep a record of every note or bond issued under the provisions of this charter, therein stating the number and the denomination of each note or bond, when and where payable, to whom issued, and the rate of interest thereon; and shall also keep a record of payments thereon of principal and interest; and if coupons are taken up, shall cancel and preserve the same.

24 App. V.S.A. ch. 3, § 145 Record of school bonds to be kept

145. Record of school bonds to be kept The Chief Administrative Officer shall keep a record of all school bonds, the issuance, payment, and discharge thereof, as hereinbefore provided for other bonds issued by said City.

24 App. V.S.A. ch. 3, § 146 Redeemed bonds, notes, and interest coupons to be kept

146. Redeemed bonds, notes, and interest coupons to be kept When old notes or bonds and any interest coupons are taken up by payment thereof, by exchange or by sale of the new notes or bonds, the Chief Administrative Officer shall keep a record of the same and such old notes or bonds and interest coupons shall be cancelled and kept on file in the Chief Administrative Officer’s office for a period of 14 years from the date when the note or bond is taken up and cancelled and after such period of 14 years such cancelled notes or bonds and interest coupons thereof may be destroyed.

24 App. V.S.A. ch. 3, § 147 Chief Administrative Officer to keep separate account of school appropriations

147. Chief Administrative Officer to keep separate account of school appropriations The Chief Administrative Officer shall keep a separate account of all monies appropriated for the use of schools, which money shall consist of the income accruing in every legal way for the use and maintenance of schools in said City, and of all money appropriated by the City Council for that purpose; and the Chief Administrative Officer shall pay out of any monies mentioned in this section all warrants drawn by the Board of School Commissioners for the use of schools.

24 App. V.S.A. ch. 3, § 148 Duties

148. Duties The City Attorney shall be corporation counsel and shall prosecute and defend in behalf of said City all suits in which said City is interested and shall prosecute all violations of the City ordinances and bylaws except when absent from City or disqualified or unable to serve. The assistant City attorneys shall have all the powers and perform all of the duties of the City Attorney as may by the City Attorney be delegated to them and shall receive for the performance of their duties such compensation as the City Council may vote.

24 App. V.S.A. ch. 3, § 149 Subject to same penalties as State’s Attorneys

149. Subject to same penalties as State’s Attorneys The City Attorney and assistant City attorney shall be subject to all and the same penalties imposed by the law of this State upon State’s Attorneys for any neglect or violation of official duty.

24 App. V.S.A. ch. 3, § 150 Duties; liabilities; etc

150. Duties; liabilities; etc The Board of Assessors shall have the same powers, discharge the same duties, proceed in the discharge thereof in the same manner, and be subject to the same liabilities as are prescribed for listers, except as herein otherwise provided. They shall also be members of the Board for the Abatement of Taxes. The City Assessor shall be a member of and serve as Chair of the Board of Assessors and may also appoint, and remove, at his or her pleasure a Deputy Assessor, who may serve as an assessor in the absence, inability to serve, or disqualification of the City Assessor, and who shall, in addition, have such clerical and administrative duties as said City Assessor shall assign.

24 App. V.S.A. ch. 3, § 151 Powers; duties; liabilities; etc

151. Powers; duties; liabilities; etc The City Grand Juror shall have the same powers, perform the same duties, and incur the same liabilities as grand jurors in towns, and shall be entitled to such salary as the City Council may vote, and as the City Attorney may request, a City Grand Juror may prosecute before the applicable Vermont courts violations of the ordinances, regulations, and bylaws of said City. The Second City Grand Juror in case the City Grand Juror is absent from the City or is disqualified or unable to serve shall have the same powers, perform the same duties, and incur the same liabilities as the City Grand Juror, and shall receive for his or her services such compensation as the City Council may provide.

24 App. V.S.A. ch. 3, § 152 Powers and duties

152. Powers and duties The City Constable shall have the same powers, perform the same duties, and be under the same liabilities as are prescribed by the laws of this State for constables of towns, and the said Constable shall have the same powers as sheriffs in suppressing riots and all unlawful assemblages and of arresting without warrant all persons disturbing the peace and may forthwith bring them before the Chittenden Municipal Court, or a justice of the peace, or detain them in custody until such court can be held. The Second, Third, and Fourth Constables, in case such are appointed, shall have the same powers and perform the same duties and be under the same liabilities as the City Constable except that neither the Second, Third, nor Fourth Constable shall have the power or perform the duties of collector of taxes.

24 App. V.S.A. ch. 3, § 153 Duties

153. Duties The City Engineer and Surveyor shall be assigned to the Public Works Department. He or she shall make all public surveys of the streets and public grounds of said City, and shall perform such other services as may be required by the Director of Public Works.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/24APPENDIX/003Fetched: 10/21/2026