PART 1 Counties

CHAPTER 1. DIVISION OF STATE INTO COUNTIES

Sec.

History

Districts. 1973, No. 193 (Adj. Sess.), § 7, eff. April 9, 1974, provided: "The districts whose freemen shall elect the assistant judges, sheriffs and state's attorneys under [proposed] section 45 [now section 50] of chapter II of the constitution shall be the counties as defined in chapter 1 of Title 24 [this chapter]".

Cross References

Cross references. County or town defined, see 1 V.S.A. § 113.

§ 1. Counties in State.

The State is divided into the counties of Addison, Bennington, Caledonia, Chittenden, Essex, Franklin, Grand Isle, Lamoille, Orange, Orleans, Rutland, Washington, Windham, and Windsor.

History

Source. V.S. 1947, § 74. P.L. § 56. G.L. § 43. P.S. § 40. V.S. § 32. R.L. § 31. G.S. 10, § 1.

§ 2. Addison.

The County of Addison is formed of the towns of Addison, Bridport, Bristol, Cornwall, Ferrisburgh, Goshen, Granville, Hancock, Leicester, Lincoln, Middlebury, Monkton, New Haven, Orwell, Panton, Ripton, Salisbury, Shoreham, Starksboro, Waltham, Weybridge, Whiting, the City of Vergennes, and so much of Lake Champlain as lies in this State west of the towns in the county adjoining the lake. Middlebury is the shire town.

History

Source. V.S. 1947, § 75. P.L. § 57. G.L. § 44. 1917, No. 254 , § 48. P.S. § 41. V.S. § 33. R.L. § 32. G.S. 10, § 6.

§ 3. Bennington.

The County of Bennington is formed of the towns of Arlington, Bennington, Dorset, Landgrove, Manchester, Peru, Pownal, Readsboro, Rupert, Sandgate, Searsburg, Shaftsbury, Stamford, Sunderland, Winhall, Woodford, and the unorganized township of Glastenbury. Bennington and Manchester are the shire towns.

History

Source. V.S. 1947, § 76. P.L. § 58. 1917, No. 254 , § 49. P.S. § 42. V.S. § 34. R.L. § 33. G.S. 10, § 2.

Revision note. Reference to the town of Glastenbury was changed to "and the unorganized township of Glastenbury" pursuant to 1937, No. 269 .

§ 4. Caledonia.

The County of Caledonia is formed of the towns of Barnet, Burke, Danville, Groton, Hardwick, Kirby, Lyndon, Newark, Peacham, Ryegate, St. Johnsbury, Sheffield, Stannard, Sutton, Walden, Waterford, and Wheelock. St. Johnsbury is the shire town.

History

Source. V.S. 1947, § 77. P.L. § 59. G.L. § 46. 1917, No. 254 , § 50. P.S. § 43. V.S. § 35. R.L. § 34. 1869, No. 55 . G.S. 10, § 10.

§ 5. Chittenden.

The County of Chittenden is formed of the towns of Bolton, Charlotte, Colchester, Essex, Hinesburg, Huntington, Jericho, Milton, Richmond, St. George, Shelburne, the City of South Burlington, Underhill, Westford, Williston, the City of Burlington, the City of Winooski, Buel's Gore, and so much of Lake Champlain as lies in this State west of the towns in the county adjoining the lake and not included within the limits of the County of Grand Isle. The City of Burlington is the shire town.

Amended 1981, No. 239 (Adj. Sess.), § 26.

History

Source. V.S. 1947, § 78. P.L. § 60. 1933, No. 157 , § 16. G.L. § 47. 1917, No. 254 , § 51. P.S. § 44. V.S. § 36. R.L. § 35. G.S. 10, § 8.

Amendments--1981 (Adj. Sess.). Added the words "the city of" preceding "South Burlington"; deleted "Avery's Gore" and added "Buel's Gore".

§ 6. Essex.

The County of Essex is formed of the towns of Bloomfield, Brighton, Brunswick, Canaan, Concord, East Haven, Granby, Guildhall, Lemington, Lunenburg, Maidstone, Norton, Victory, Avery's Gore, Warner's Grant, Warren Gore, and the unorganized townships of Averill, Ferdinand, and Lewis. Guildhall is the shire town.

History

Source. V.S. 1947, § 79. P.L. § 61. 1933, No. 157 , § 17. G.L. § 48. 1917, No. 254 , § 52. P.S. § 45. V.S. § 37. R.L. § 36. G.S. 10, § 15.

Avery's Gore annexed. See note set out under § 7 of this title.

§ 7. Franklin.

The County of Franklin is formed of the towns of Bakersfield, Berkshire, Enosburgh, Fairfax, Fairfield, Fletcher, Franklin, Georgia, Highgate, Montgomery, Richford, St. Albans, Sheldon, Swanton, the City of St. Albans, and that part of Lake Champlain and the islands lying west of the towns in the County adjoining the Lake and not included within the limits of the County of Grand Isle, but including Wood's Island. The City of St. Albans is the shire town.

History

Source. V.S. 1947, § 80. 1937, No. 3 , § 1. P.L. § 62. 1933, No. 157 , § 18. G.L. § 49. 1917, No. 254 , § 53. P.S. § 46. 1896, No. 125 , § 1. 1896, No. 150 , § 1. V.S. § 38. R.L. § 37. G.S. 10, § 12.

2008. Deleted "Avery's Gore," which is located in Essex County.

Revision note - Changed the spelling of the Town of "Enosburg" to "Enosburgh" in accordance with 2007, No. M-22 (Adj. Sess.), § 13a.

Avery's Gore annexed; boundaries of towns of Bakersfield and Montgomery changed. 1961, No. 175 , § 1, eff. June 19, 1961, provided: "That tract of land known as Avery's Gore lying south of the town of Montgomery in the county of Franklin is hereby divided. All that part thereof, and all of the southwesterly part of the town of Montgomery, lying westerly of 72 degrees 40' 43" west longitude, as shown on the 1925 edition of the U.S. Geological Survey of the Jay Peake quadrangle, are hereby annexed to the town of Bakersfield. All that part thereof lying easterly of the same line is hereby annexed to the town of Montgomery.

§ 8. Grand Isle.

The County of Grand Isle is formed of the towns of Alburgh, Grand Isle, Isle La Motte, North Hero, and South Hero and is bounded as follows: beginning at the northwest corner of this State; thence running easterly on the north line of the State to the middle of the waters of Missisquoi Bay; thence through the middle of the waters of such bay, to a point equidistant from the north point of North Hero and the south point of Hog Island; thence southerly, as near as may be, through the center of the waters of Maquam Bay, but so far east as to include Butler's Island, Knight's Island, and Savage's Island; thence southerly, through the waters of Lake Champlain, to a point equidistant from the south point of South Hero in the County of Grand Isle and Colchester Point in the County of Chittenden; thence westerly to the west line of this State; thence northerly on such line to the place of beginning. North Hero is the shire town.

History

Source. V.S. 1947, § 81. 1937, No. 3 , § 2. P.L. § 63. G.L. § 50. 1917, No. 254 , § 54. P.S. § 47. V.S., § 39. R.L. § 38. G.S. 10, § 11.

2008. Changed the spelling of the Town of "Alburg" to "Alburgh" in accordance with 2007, No. 84 (Adj. Sess.), § 1.

§ 9. Lamoille.

The County of Lamoille is formed of the towns of Belvidere, Cambridge, Eden, Elmore, Hyde Park, Johnson, Morristown, Stowe, Waterville, and Wolcott. Hyde Park is the shire town.

History

Source. V.S. 1947, § 82. P.L. § 64. G.L. § 51. 1917, No. 254 , § 55. P.S. § 48. 1896, No. 125 , § 1. V.S. § 40. R.L. § 39. G.S. 10, § 13.

§ 10. Orange.

The County of Orange is formed of the towns of Bradford, Braintree, Brookfield, Chelsea, Corinth, Fairlee, Newbury, Orange, Randolph, Strafford, Thetford, Topsham, Tunbridge, Vershire, Washington, West Fairlee, and Williamstown. Chelsea is the shire town.

History

Source. V.S. 1947, § 83. P.L. § 65. G.L. § 52. 1917, No. 254 , § 56. P.S. § 49. V.S. § 41. 1882, No. 214 . R.L. § 40. G.S. 10, § 7.

§ 11. Orleans.

The County of Orleans is formed of the towns of Albany, Barton, Brownington, Charleston, Coventry, Craftsbury, Derby, Glover, Greensboro, Holland, Irasburg, Jay, Lowell, Morgan, Newport, Troy, Westfield, and Westmore and the City of Newport. The City of Newport is the shire town.

History

Source. V.S. 1947, § 84. P.L. § 66. 1921, No. 3 . G.L. § 53. 1917, No. 254 , § 57. P.S. § 50. V.S. § 42. 1880, No. 224 . R.L. § 41. G.S. 10, § 14.

§ 12. Rutland.

The County of Rutland is formed of the towns of Benson, Brandon, Castleton, Clarendon, Chittenden, Danby, Fair Haven, Hubbardton, Ira, Killington, Mendon, Middletown Springs, Mount Holly, Mount Tabor, Pawlet, Pittsfield, Pittsford, Poultney, Proctor, Rutland, Shrewsbury, Sudbury, Tinmouth, Wallingford, Wells, West Haven, West Rutland, the City of Rutland, and so much of Lake Champlain as lies in this State west of the towns in the county adjoining the lake. The City of Rutland is the shire town.

Amended 1999, Municipal Act No. M-3, § 3.

History

Source. V.S. 1947, § 85. P.L. § 67. G.L. § 54. 1917, No. 254 , § 58. P.S. § 51. V.S. § 43. 1892, No. 110 , § 1. 1886, No. 137 , § 1. 1886, No. 138 , § 1. 1884, No. 261 , § 1. R.L. § 42. G.S. 10, § 4.

Amendments--1999 Inserted "Killington" preceding "Mendon" and deleted "Sherburne"' preceding "Shrewsbury" in the first sentence.

§ 13. Washington.

The County of Washington is formed of the towns of Barre, Berlin, Cabot, Calais, Duxbury, East Montpelier, Fayston, Marshfield, Middlesex, Moretown, Northfield, Plainfield, Roxbury, Waitsfield, Warren, Waterbury, Woodbury, Worcester, and the cities of Barre and of Montpelier. The City of Montpelier is the shire town.

History

Source. V.S. 1947, § 86. P.L. § 68. G.L. § 55. 1917, No. 254 , § 59. P.S. § 52. V.S. § 44. R.L. § 43. 1874, No. 183 . G.S. 10, § 9.

§ 14. Windham.

The County of Windham is formed of the towns of Athens, Brattleboro, Brookline, Dover, Dummerston, Grafton, Guilford, Halifax, Jamaica, Londonderry, Marlboro, Newfane, Putney, Rockingham, Stratton, Townshend, Vernon, Wardsboro, Westminster, Whitingham, Wilmington, Windham, and the unorganized township of Somerset. Newfane is the shire town.

History

Source. V.S. 1947, § 87. P.L. § 69. G.L. § 56. 1917, No. 254 , § 60. P.S. § 53. V.S. § 45. R.L. § 44. G.S. 10, § 3.

Revision note. Reference to the town of Somerset was changed to "and the unorganized township of Somerset" pursuant to 1937, No. 292 .

§ 15. Windsor.

The County of Windsor is formed of the towns of Andover, Baltimore, Barnard, Bethel, Bridgewater, Cavendish, Chester, Hartford, Hartland, Ludlow, Norwich, Plymouth, Pomfret, Reading, Rochester, Royalton, Sharon, Springfield, Stockbridge, Weathersfield, Weston, West Windsor, Windsor, and Woodstock. Woodstock is the shire town.

History

Source. V.S. 1947, § 88. P.L. § 70. G.L. § 57. 1917, No. 254 , § 61. P.S. § 54. V.S. § 46. R.L. § 45. G.S. 10, § 5.

CHAPTER 3. PROPERTY AND EQUIPMENT

SUBCHAPTER 1. COUNTY BUILDINGS AND LANDS

SUBCHAPTER 2. CAPITAL CONSTRUCTION

Subchapter 1. County Buildings and Lands

Cross References

Cross references. Responsibility for purchasing fuel, supplies, materials and equipment for counties, see 29 V.S.A. § 902.

§ 71. Repealed. 1993, No. 233 (Adj. Sess.), § 45a, eff. June 21, 1994.

History

Former § 71. Former § 71, relating to courthouses, was derived from V.S. 1947, § 3420; 1947, No. 202 , § 3442; P.L. §§ 3343, 3346; 1933, No. 157 , §§ 3113, 3116; G.L. §§ 1643, 1669, 1670, 3823, 3824, 3826, 7430; 1915, No. 91 , § 5; P.L. §§ 1401, 1402, 3327, 3328, 3330, 6228; 1904, No. 172 , § 1; V.S. §§ 1051, 1052, 2882, 2884, 5383; 1892, No. 28 , § 1; 1888, No. 100 ; 1884, No. 153 ; R.L. §§ 832, 833, 2562, 2563, 2564, 4533; 1878, No. 82 ; G.S. § 2881; G.S. 11, §§ 1, 2; G.S. 31, §§ 71, 72; G.S. 48, § 10; G.S. 126, § 26; R.S. 10, §§ 1, 2; R.S. 26, §§ 53, 54; 1858, No. 40 ; R. 1797, p. 424, § 22; 1789, p. 12; 1787, p. 87 and amended by 1965, No. 194 , § 10; 1973, No. 106 , § 6; 1973, No. 193 (Adj. Sess.), § 3; 1989, No. 221 (Adj. Sess.), § 4; and 1993, No. 59 , § 22. The subject matter is now covered by § 71a of this title.

§ 71a. Courthouses.

  1. Except as provided herein, each county shall provide and own a suitable courthouse, pay all utility and custodial services, and keep such courthouse suitably furnished and equipped for use by the Superior Court, together with suitable offices for the county clerk, assistant judges, and Probate judges. Office space for the Probate Division of the Superior Court may be provided elsewhere by the county. The county shall provide at least the facilities for judicial operations that it provided on July 1, 2009.
  2. If all judicial operations in a county are contained in one court building owned by the State, the county clerk and assistant judges may also be located in the same building. The Court Administrator and the Commissioner of Buildings and General Services shall be the superintendents of the building. They shall make decisions regarding building construction, space allocations, and use of the facility after consulting with the Superior Court presiding judge and the assistant judges. The county shall no longer be required to maintain a courthouse.
  3. The Court Administrator, in consultation with the presiding judge of the Superior Court, shall determine what judicial operations will occur in the county courthouse.

    Added 1993, No. 233 (Adj. Sess.), § 45, eff. June 21, 1994; amended 1995, No. 62 , § 41, eff. April 26, 1995; 1995, No. 148 (Adj. Sess.), § 4(c)(1), eff. May 6, 1996; 1995, No. 181 (Adj. Sess.), § 7; 1997, No. 121 (Adj. Sess.), § 16; 2009, No. 154 (Adj. Sess.), § 163; 2009, No. 154 (Adj. Sess.), § 163a, eff. Feb. 1, 2011.

History

Amendments--2009 (Adj. Sess.) Act No. 154, § 163 amended section generally.

Act No. 154, § 163a, eff. Feb. 1, 2011, deleted "and probate court" following "superior court" in the first sentence, inserted "division of the superior" following "probate" in the second sentence, and deleted "including staff" following "judicial operations" in the third sentence of subsec. (a).

Amendments--1997 (Adj. Sess.). Subsec. (a): Substituted "judicial bureau" for "traffic and municipal ordinance bureau" in the last sentence.

Amendments--1995 (Adj. Sess.) Subsec. (a): Act No. 181 inserted "pay all utility and custodial services" following "suitable courthouse" and "maintained" preceding "furnished" in the first sentence.

Subsec. (b): Act No. 148 substituted "commissioner of buildings and general services" for "commissioner of state buildings" in the second sentence.

Amendments--1995 Subsec. (a): Inserted "and keep such courthouse suitably furnished and equipped" following "suitable courthouse" and "and probate court" following "superior court", deleted "and" preceding "assistant judges" and added "and probate judges" thereafter in the first sentence, added the second sentence, and inserted "supreme court" preceding "district court", deleted "probate court" thereafter and added "provided that the office of court administrator shall pay the cost of any such use should the assistant judges choose not to pay the cost by use of county funds" following "superior court" in the fourth sentence.

§ 71b. Repealed. 2009, No. 154 (Adj. Sess.), § 238a(a)(4), eff. February 1, 2011.

History

Former § 71b. Former § 71b, relating to assistant judge and sheriff responsible for county courthouse security, was derived from 1993, No. 233 (Adj. Sess.), § 45b.

§ 72. Expenses of the Superior Court.

The expenses connected with the Superior Court, unless otherwise provided, shall be paid by the State.

Amended 1959, No. 328 (Adj. Sess.), § 8(c), eff. March 1, 1961; 1983, No. 195 (Adj. Sess.), § 5(b); 1987, No. 243 (Adj. Sess.), § 28, eff. June 13, 1988; 1995, No. 181 (Adj. Sess.), § 8; 1999, No. 135 (Adj. Sess.), § 1; 2009, No. 154 (Adj. Sess.), § 164.

History

Source. V.S. 1947, § 3424. P.L. § 3348. 1933, No. 157 , § 3118. 1919, No. 214 , § 1. G.L. §§ 3823, 7412. P.S. § 3327. 1908, No. 178 , § 5. 1904, No. 172 , § 1. V.S. § 2881. 1892, No. 28 , § 1. 1882, No. 100 . R.L. § 2562. G.S. 11, § 1. R.S. 10, § 1.

Amendments--2009 (Adj. Sess.) Deleted the subsec. (a) designation and subsec. (b).

Amendments--1999 (Adj. Sess.). Subsec. (b): Amended generally.

Amendments--1987 (Adj. Sess.). In the first sentence, substituted "directed by the court administrator" for "the commissioner of finance and management deems equitable" following "courthouse as".

Amendments--1983 (Adj. Sess.). Inserted "and information support" following "commissioner of finance" in the first sentence.

Amendments--1959 (Adj. Sess.). Substituted "finance director" for "auditor of accounts".

Amendments--1995 (Adj. Sess.) Section amended generally.

§ 73. Support of sheriff's department.

  1. The county shall provide the sheriff with an adequate bond, a suitable office, office equipment and supplies, and adequate telephone service.  The sheriff's department shall also be provided with law enforcement equipment, supplies, insurance, and funds for maintaining and operating such equipment as the assistant judges consider necessary to ensure that the department operates in a safe, accountable, and professional manner.  The county shall also provide reasonable secretarial assistance and bookkeeping assistance.  The county shall also provide funds necessary for department personnel to comply with basic and in-service training requirements established by the Vermont Criminal Justice Council; funds to provide the matching share for grants from federal, State, or private sources; and funds to pay the liability insurance premiums for the sheriff and sheriff's deputies.
  2. From revenues derived from a contract, the sheriff's department shall provide salaries, equipment, and other funds necessary to carry out that contract.

    Amended 1967, No. 345 (Adj. Sess.), § 15, eff. April 1, 1969; 1971, No. 141 (Adj. Sess.), eff. Feb. 3, 1972; 1977, No. 218 (Adj. Sess.), § 5; 1987, No. 262 (Adj. Sess.), § 1.

History

Source. V.S. 1947, § 3421. 1939, No. 59 . P.L. § 3344. 1933, No. 157 , § 3114. 1929, No. 135 , §§ 1, 2. G.L. §§ 3824, 7246. P.S. §§ 3328, 6093. 1902, No. 129 , § 1. V.S. §§ 2882, 5278, 5279. 1884, No. 155 , § 1. R.L. §§ 2563, 4434. G.S. 11, § 2. G.S. 121, §§ 1, 2. R.S. 10, § 2. R.S. 103, §§ 1, 2. R. 1797, p. 317, § 1. 1793, p. 55. R. 1787, p. 76.

2020. In subsec. (a), substituted "Vermont Criminal Justice Council" for "Vermont Criminal Justice Training Council" in accordance with 2019, No. 166 (Adj. Sess.), § 2(b).

Amendments--1987 (Adj. Sess.). Subsec. (a): Added "to ensure that the department operates in a safe, accountable and professional manner" following "necessary" in the second sentence, deleted the former third sentence, and rewrote the present third and fourth sentences.

Amendments--1977 (Adj. Sess.). Section amended generally.

Amendments--1971 (Adj. Sess.). Substituted "provide equipment" for "own equipment" and added reference to secretary.

Amendments--1967 (Adj. Sess.). Section amended generally.

COVID-19 state of emergency; county reserve funds; county sheriffs; funding of emergency needs. 2019, No. 100 (Adj. Sess.), § 5 provides: "(a) Funding.

"(1) To support the emergency needs of sheriffs due to the State's COVID-19 response, a county's operations reserve funds and capital reserve funds described in 24 V.S.A. § 133(e) may be allowed to be used for the emergency needs of the county sheriff subject to the approval of the assistant judges. "Emergency needs" means the needs to respond to COVID-19 and includes hiring deputies, dispatchers, and other personnel and purchasing equipment and supplies.

"(2) The funding of these emergency needs under this subsection shall be in addition to the support of the sheriff's department set forth in 24 V.S.A. § 73.

"(b) Reimbursement.

"(1) Any sheriff who receives county reserve funds for emergency needs under subsection (a) of this section shall apply to the Federal Emergency Management Agency (FEMA) and any other applicable resources for COVID-19 relief known to the sheriff for any allowable reimbursement.

"(2) Within 30 days of receiving any such allowable reimbursement, the sheriff shall provide those funds to the county in order to reimburse the county for the funds allocated to the sheriff under subsection (a) of this section. A sheriff shall only be responsible for reimbursing the county an amount equal to the allowable reimbursement the sheriff received under subdivision (1) of this subsection.

"(c) Sunset. This section shall be repealed two weeks after the day the Governor terminates the state of emergency for the State of Vermont in response to COVID-19."

Cross References

Cross references. Sheriff's bond, see § 291 of this title.

Sheriff's department contracts, see § 291a of this title.

ANNOTATIONS

Analysis

1. Jails.

County funds may not be used to staff a lockup for a county sheriff. Town of Stowe v. County of Lamoille, 134 Vt. 402, 362 A.2d 159 (1976).

County is required to equip and maintain jail for safekeeping of prisoners and to equip it and its office with suitable necessary equipment for use of sheriff. 1926-28 Op. Atty. Gen. 50.

2. Bonds and insurances.

County funds may not be used to pay the premiums for bonds and insurance for the county sheriff and his deputies. Town of Stowe v. County of Lamoille, 134 Vt. 402, 362 A.2d 159 (1976).

§ 74. Repealed. 1995, No. 181 (Adj. Sess.), § 15.

History

Former § 74. Former § 74, relating to lighting and fuel, was derived from V.S. 1947, § 3422; P.L. § 3345; 1933, No. 157 , § 3115; 1929, No. 135 , § 1; G.L. §§ 7246, 7423; P.S. §§ 6093, 6221; 1902, No. 129 , § 1; 1900, No. 69 , §§ 6, 11; 1898, No. 136 , § 2; V.S. §§ 5278, 5279, 5376; 1884, No. 153 ; 1884, No. 155 , § 1; 1882, No. 59 ; R.L. §§ 4434, 4528; 1876, No. 87 ; G.S. 121, §§ 1, 2; R.S. 103, §§ 1, 2; R. 1797, p. 317, § 1; R. 1793, p. 55; R. 1787, p. 76; and amended by 1967, No. 345 (Adj. Sess.), § 16.

§ 75. Telephone.

Each county shall provide adequate telephone service for the county courthouse, the offices of the county clerk, and the sheriff.

Amended 1967, No. 345 (Adj. Sess.), § 17, eff. April 1, 1969; 1969, No. 266 (Adj. Sess.), § 5, eff. July 1, 1971; 2009, No. 154 (Adj. Sess.), § 165, eff. Feb. 1, 2011.

History

Source. V.S. 1947, § 3423. P.L. § 3347. 1933, No. 157 , § 3117. G.L. § 3827. P.S. § 3331. 1896, No. 58 , § 1. V.S. § 2885. 1894, No. 130 . 1892, No. 72 . 1884, No. 113 .

Amendments--2009 (Adj. Sess.) Deleted "probate judge or register thereof," following "county clerk" and inserted "the" preceding "sheriff".

Amendments--1969 (Adj. Sess.). Deleted "state's attorney".

Amendments--1967 (Adj. Sess.). Deleted "county jail".

§ 76. County law library.

Each county may maintain a complete set of Vermont Reports including the digest thereof in the county clerk's office and in each Probate office. The county may maintain in the courthouse or elsewhere such additional law books as in the opinion of the assistant judges are needful for the judges and officials having offices in the county.

Amended 2009, No. 154 (Adj. Sess.), § 165a.

History

Source. 1957, No. 85 . V.S. 1947, § 3425. P.L. § 3349. 1933, No. 157 , § 3119. G.L. § 3828. P.S. § 3332. R. 1906, § 3207. V.S. § 2887. 1890, No. 181 .

Amendments--2009 (Adj. Sess.) Substituted "may maintain" for "shall maintain" in the first sentence.

§ 77. County lands; purchase; condemnation.

  1. Each county may acquire and own such lands and rights in lands as in the opinion of the assistant judges are needful for county purposes.
  2. A county may condemn land in situations similar to those in which a municipality may condemn under section 2805 of this title by complying with the procedures established in sections 2805 through 2812 of this title, with the assistant judges performing the duties assigned by those sections to the selectboard.
  3. In any proceeding brought by a county under subsection (b) of this section, the assistant judges shall be disqualified, and the proceeding shall be heard by the presiding judge sitting alone.

    Amended 1979, No. 193 (Adj. Sess.), § 1, eff. May 6, 1980; 2009, No. 154 (Adj. Sess.), § 166; 2013, No. 161 (Adj. Sess.), § 72.

History

Source. V.S. 1947, § 3426. P.L. § 3350. 1933, No. 157 , § 3120. G.L. § 3824. P.S. § 3328. V.S. § 2882. R.L. § 2563. G.S. 11, § 2. R.S. 10, § 2.

Amendments--2009 (Adj. Sess.) Made minor changes in punctuation.

Amendments--1979 (Adj. Sess.). Designated existing provisions of section as subsec. (a) and added subsecs. (b) and (c).

Subchapter 2. Capital Construction

§ 81. Preliminary cost estimates.

  1. The assistant judges of a county may authorize the preparation of preliminary plans and cost estimates for capital construction.  For this purpose, the assistant judges may employ or retain architects, engineers, and such other personnel as in their discretion are required.
  2. Upon completion of the preliminary plans and cost estimates authorized by subsection (a) of this section, the assistant judges shall determine the amount to be assessed against the equalized grand list of the county.

    Added 1971, No. 230 (Adj. Sess.), § 12.

History

Revision note. In subsec. (b), substituted "subsection (a) of this section" for "section 91 of this chapter" to conform reference to V.S.A. style.

§ 82. Submission to voters.

  1. Debt may be incurred and bonds issued pursuant to the limitations of this chapter for the amount of funds necessary for capital construction.
  2. Any bond issue pursuant to this chapter for capital construction shall be passed by a majority of the votes of those voting. The issue shall be submitted to the voters of the county at the first general or annual municipal election scheduled at least 90 days after the completion of the preliminary construction plans and cost estimates.
  3. The assistant judges shall not submit to the voters more than twice the same proposition of incurring a bonded debt to pay for the cost of any particular capital construction project. If the first submission to the voters fails, the proposition may be resubmitted a second time at least 90 days but less than 180 days following the first submission.
  4. Warnings of election, notification and conduct of meeting if required, and validation of bond issuance shall, insofar as applicable, be governed by the provisions of subchapter 1 of chapter 53 of this title relating to the issuance of municipal bonds.

    Added 1971, No. 230 (Adj. Sess.), § 12; amended 2003, No. 121 (Adj. Sess.), § 47, eff. June 8, 2004.

History

Revision note. Reference to "chapter 47" of this title in subsec. (d) changed to "chapter 53" to conform reference to renumbering of such chapter.

Amendments--2003 (Adj. Sess.). Subsec. (b): Inserted "or annual municipal" preceding "election".

§ 83. Form, denominations, certification, and cancellation of bonds.

Insofar as applicable, the provisions of subchapter 1 of chapter 53 of this title relating to the form, denominations, certification, cancellation, and other matters affecting the issuance of municipal bonds shall govern bonds issued pursuant to this chapter.

Added 1971, No. 230 (Adj. Sess.), § 12.

History

Revision note. Reference to "chapter 47" of this title changed to "chapter 53" to conform reference to renumbering of such chapter.

CHAPTER 5. COUNTY OFFICERS; POWERS AND DUTIES

SUBCHAPTER 1. ASSISTANT JUDGES

SUBCHAPTER 2. COUNTY CLERK

SUBCHAPTER 3. COUNTY TREASURER

SUBCHAPTER 4. COUNTY AUDITOR

SUBCHAPTER 5. SHERIFFS

SUBCHAPTER 6. HIGH BAILIFF

SUBCHAPTER 7. STATE'S ATTORNEY

SUBCHAPTER 8. COMMISSIONERS OF JAIL DELIVERY

SUBCHAPTER 9. NOTARIES PUBLIC

ANNOTATIONS

Cited. Frank v. United States, 860 F. Supp. 1030 (D. Vt. 1994).

Subchapter 1. Assistant Judges

Cross References

Cross references. Compensation of assistant judges, see 32 V.S.A. § 1141.

Composition of Superior Court, see 4 V.S.A. § 112.

Election of assistant judges, see Vt. Const. Ch. II, §§ 43, 50, and 53.

§ 131. Powers and duties.

The assistant judges shall have the care and superintendence of county property, may provide for the acceptance and processing of U.S. passport applications by county clerks pursuant to memorandums of understanding entered into under 4 V.S.A. § 691 , may take deeds and leases of real estate to the county, rent or sell and convey unused lands belonging to the county, keep the courthouse, jail, and other county buildings insured, and make needed repairs and improvements in and around the same.

Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 167; 2011, No. 1 , § 10, eff. Feb. 2, 2011.

History

Source. V.S. 1947, § 3427. P.L. § 3351. 1933, No. 157 , § 3121. 1925, No. 57 . G.L. § 3825. P.S. § 3329. 1896, No. 57 , § 1. V.S. § 2883. R.L. § 2565. G.S. 11, § 3. 1855, No. 17 . R.S. 10, § 3. 1833, No. 5 . 1826, No. 4 .

Amendments--2011. Inserted "may provide for the acceptance and processing of United States passport applications by county clerks pursuant to memorandums of understanding entered into under 4 V.S.A. § 691," following "property,".

Amendments--2009 (Adj. Sess.) Deleted "of the superior court" following "assistant judges".

Amendments--1973 (Adj. Sess.). Substituted "superior court" for "county court".

Cross References

Cross references. Acquisition and condemnation of lands, see § 77 of this title.

Insurance coverage purchased by county under provisions of this section as constituting waiver of sovereign immunity, see 29 V.S.A. § 1403.

ANNOTATIONS

Analysis

1. Appointments.

Assistant judges do not have authority to appoint a deputy county clerk. 1948 Op. Atty. Gen. 382.

2. Investigators.

Assistant judges do not have the power to fund a full time investigator for the State's Attorney's office from county funds. 1974 Op. Atty. Gen. 51.

3. Jails.

Insofar as Department of Corrections standards regarding operation of lockups and their physical structures may properly be classified as repairs or improvements to a county jail, the assistant judges of the county have authority under this section to expend county funds for such purposes, and implicit in this is the judges' agreement to have the jail designated a lockup under 28 V.S.A. § 101. Town of Stowe v. County of Lamoille, 134 Vt. 402, 362 A.2d 159 (1976).

4. Disqualification.

An assistant judge must recuse herself under the same circumstances as a presiding judge. Velardo v. Ovitt, 182 Vt. 180, 933 A.2d 227 (July 27, 2007).

The duties of guardians ad litem (GALs) in contested custody cases bring them within the canon on disqualification of the Code of Judicial Conduct. Because the canon applies, an assistant judge should have disclosed her relationship and recused herself when she became aware that her sister was appointed GAL, or the court should have appointed a different GAL. Velardo v. Ovitt, 182 Vt. 180, 933 A.2d 227 (July 27, 2007).

In a custody dispute where an assistant judge should have disclosed her relationship and recused herself when she became aware that her sister was appointed guardian ad litem, the family court's custody determination was required to be vacated and the case remanded for a new trial. Velardo v. Ovitt, 182 Vt. 180, 933 A.2d 227 (July 27, 2007).

Law review commentaries

Law review. For note relating to powers and role of side judges in the legislative and judicial branches of government, see 10 Vt. L. Rev. 321 (1985).

§ 132. United States and State flags; display.

Such judges shall purchase at the expense of the county and cause to be displayed in the court room in the county courthouse a United States and a State flag. On legal holidays commemorative of historic events they shall cause such flags to be displayed on the courthouse or grounds.

History

Source. V.S. 1947, § 3428. P.L. § 3352. 1933, No. 157 , § 3122. 1927, No. 53 , § 1. 1925, No. 56 , § 1.

Law review commentaries

Law review. For note relating to powers and role of side judges in the legislative and judicial branches of government, see 10 Vt. L. Rev. 321 (1985).

§ 133. County tax; amount; assessment.

  1. Annually, the assistant judges shall prepare a proposed budget of the county for the ensuing year.
  2. Before a budget to be proposed at the annual meeting is finalized, the assistant judges shall hold a meeting to invite discussion of the preliminary proposed budget. The meeting to review the preliminary proposed budget shall take place at least 30 and not more than 40 days prior to the annual meeting. Notice of this meeting shall be published in all daily newspapers having general circulation in the county at least 14 days before the meeting. If a daily newspaper of general circulation is not published in the county, the notice shall be published in a weekly newspaper of general circulation in the county. A copy of the notice shall be mailed to the legislative bodies of the towns located in the county.
  3. Annually, on or before January 31, the assistant judges shall call a meeting of the voters of the county for the purpose of presenting the proposed budget of the county for the ensuing year and inviting discussion thereon. The meeting shall be held at a place within the county and shall be warned by a notice posted in three public places in the county and published in all daily newspapers having general circulation in the county at least 30 and not more than 40 days prior to the meeting. If a daily newspaper of general circulation is not published in the county, the notice shall be published in a weekly newspaper of general circulation in the county. The warning shall include a summary of the expenditures being proposed for the various areas covered by the proposed budget and shall provide the public with information about how a copy of the proposal may be obtained. Members of legislative bodies of each of the towns within the county shall be notified of the meeting by mail. Copies of the proposed budget shall be available to the public during normal business hours in the county courthouse and in the office of the clerks of the towns located in the county.
  4. Annually, not less than 14 nor more than 21 days following the county meeting provided in subsection (c) of this section, the assistant judges shall review the proposed budget of the county in light of any discussion thereon at the county meeting and, if deemed expedient, make and deliver to the county treasurer a written order directing the treasurer to issue, on or before March 1 following, the statements required by 32 V.S.A. § 4965 , and warrants to the several treasurers of the towns for the collection of a tax sufficient to pay such indebtedness and estimated expense, but the whole amount of such tax shall not exceed in one year five cents on a dollar of the equalized grand list of such county.
    1. The proposed budget shall contain any cost estimates and preliminary plans for capital construction in the county pursuant to subchapter 2 of chapter 3 of this title, estimates of the indebtedness of the county, estimates of the probable ordinary expenses of the county for the ensuing year, and any and all other expenses and obligations of the county. (e) (1)  The proposed budget shall contain any cost estimates and preliminary plans for capital construction in the county pursuant to subchapter 2 of chapter 3 of this title, estimates of the indebtedness of the county, estimates of the probable ordinary expenses of the county for the ensuing year, and any and all other expenses and obligations of the county.
    2. The budget may contain provisions for additions to an operations reserve fund, and the accumulated total reserve fund shall not at any time exceed an amount equal to 15 percent of the current budget presented.
    3. Pursuant to a capital program, as described in section 4430 of this title, the budget may also include a provision for a separate reserve fund for capital construction, reconstruction, remodeling, repairs, renovation, design, or redesign, which shall not at any time exceed an amount equal to 75 percent of the current budget presented. However, if capital construction, reconstruction, remodeling, repairs, renovation, design, or redesign is necessitated by an insured loss or damage to a county building, the separate reserve fund may also include the amount of insurance proceeds received as a result of the loss or damage.
    4. All county budgets shall include the amounts currently budgeted for each item included in the proposed budget.
  6. The amount of the tax shall be apportioned upon the towns, unorganized towns, and gores according to the ratio of the equalized grand list, as defined in 16 V.S.A. § 3441 , of the individual town, unorganized town, or gore to the total equalized grand list of all the towns, unorganized towns, and gores in the county.
  7. The assistant judges shall hold the meetings required by this section at times convenient to the public.
  8. The fiscal year of the county shall end on January 31, unless the assistant judges, after discussion of the issue at the annual meeting, vote to have a different fiscal year, in which case the fiscal year so voted shall remain in effect until amended.

    Amended 1967, No. 256 (Adj. Sess.), § 1, eff. Feb. 20, 1968; 1971, No. 73 , § 3, eff. April 16, 1971, No. 230 (Adj. Sess.), § 11; 1983, No. 78 , eff. April 28, 1983; 1997, No. 107 (Adj. Sess.), § 1, eff. Jan. 1, 1999; 2003, No. 121 (Adj. Sess.), § 48, eff. June 8, 2004; 2011, No. 144 (Adj. Sess.), § 5, eff. May 15, 2012; 2019, No. 104 (Adj. Sess.), § 6.

History

Source. 1957, No. 3 . V.S. 1947, § 3429. 1947, No. 41 , § 1. P.L. § 3353. 1933, No. 157 , § 3123. 1925, No. 58 . G.L. § 3831. 1917, No. 48 , §§ 3, 4. 1917, No. 254 , § 3782. 1915, No. 1 , § 108. 1912, No. 42 , § 1. P.S. § 3335. 1904, No. 72 , § 1. V.S. § 2890. 1892, No. 12 , §§ 1, 3. 1882, No. 1 , §§ 37, 40. 1882, No. 8 , § 2. R.L. § 2568. 1872, No. 77 , § 1.

Reference in text. 16 V.S.A. § 3441, referred to in subsec. (f), was repealed by 1997, No. 60 , § 35, effective July 1, 1998.

Revision note. In subsec. (e) changed "subchapter 10 of this chapter" to "subchapter 2 of chapter 3 of this title" to conform reference to provisions relating to capital construction in counties.

Amendments--2019 (Adj. Sess.). Subsec. (e): Added the subdiv. designations (1) through (4).

Subdiv. (e)(2): Substituted "provisions" for "provision".

Subdiv. (e)(3): Substituted "4430" for "4426".

Subdiv. (e)(4): Deleted "be presented on the form prescribed by the Auditor of Accounts, after consultation with the association of assistant judges, and shall" following "budgets shall".

Amendments--2011 (Adj. Sess.). Subsec. (e): Substituted "an operations reserve fund" for "a reserve fund" and "15 percent" for "ten percent" in the second sentence, and substituted "75 percent" for "50 percent" in the third sentence.

Amendments--2003 (Adj. Sess.). Subsec. (e): Amended generally.

Amendments--1997 (Adj. Sess.). Added subsecs. (a) and (b), redesignated former subsecs. (a) through (d) as subsecs. (c) through (f) and added subsecs. (g) and (h); in subsec. (c), in the second sentence, substituted "all daily newspapers having" for "a newspaper of" before "general circulation", added the third sentence, in the fourth sentence, deleted "contain by separate articles the provisions of the proposed budget" after "warning" and added the language beginning "include a summary of the expenditures being proposed" to the end of that sentence, in the fifth sentence, deleted "certified" before "mail" at the end, and added the last sentence; in subsec. (d), substituted "(c)" for "(a)" after "subsection" and "the treasurer" for "him" after "directing"; and in subsec. (e), added the last sentence.

Amendments--1983. Subsec. (c): Added the third and fourth sentences.

Amendments--1971 (Adj. Sess.). Section amended generally.

Amendments--1971. Subsec. (b): Amended generally.

Amendments--1967 (Adj. Sess.). Designated existing provisions of section as subsec. (a) and added subsec. (b).

COVID-19 state of emergency; county reserve funds; county sheriffs; funding of emergency needs. 2019, No. 100 (Adj. Sess.), § 5 provides: "(a) Funding.

"(1) To support the emergency needs of sheriffs due to the State's COVID-19 response, a county's operations reserve funds and capital reserve funds described in 24 V.S.A. § 133(e) may be allowed to be used for the emergency needs of the county sheriff subject to the approval of the assistant judges. "Emergency needs" means the needs to respond to COVID-19 and includes hiring deputies, dispatchers, and other personnel and purchasing equipment and supplies.

"(2) The funding of these emergency needs under this subsection shall be in addition to the support of the sheriff's department set forth in 24 V.S.A. § 73.

"(b) Reimbursement.

"(1) Any sheriff who receives county reserve funds for emergency needs under subsection (a) of this section shall apply to the Federal Emergency Management Agency (FEMA) and any other applicable resources for COVID-19 relief known to the sheriff for any allowable reimbursement.

"(2) Within 30 days of receiving any such allowable reimbursement, the sheriff shall provide those funds to the county in order to reimburse the county for the funds allocated to the sheriff under subsection (a) of this section. A sheriff shall only be responsible for reimbursing the county an amount equal to the allowable reimbursement the sheriff received under subdivision (1) of this subsection.

"(c) Sunset. This section shall be repealed two weeks after the day the Governor terminates the state of emergency for the State of Vermont in response to COVID-19."

ANNOTATIONS

Analysis

1. Budget.

County budget presented by assistant judges at meeting they call for the purpose of presenting the proposed budget of the county to the voters and inviting discussion on the budget is not binding. Town of Stowe v. County of Lamoille, 134 Vt. 402, 362 A.2d 159 (1976).

This section providing that the assistant judges call a meeting of the voters of the county for the purpose of presenting judges' proposed budget of the county and inviting discussion thereon, and that the judges shall review the budget in the light of any discussion thereon at the meeting, does not require approval of the budget by the voters and does not require the budget to conform to the sense of the meeting. Town of Stowe v. County of Lamoille, 134 Vt. 402, 362 A.2d 159 (1976).

2. Actions.

This section authorizing county tax sufficiently designated the towns within the county as the taxpayers to put beyond question town's standing to sue for declaratory judgment that it did not have to pay tax because the money would be illegally spent, and county's right to reach the property of the town's taxpayers to pay the tax was derivative and based upon the failure of the town to pay the county tax, and was not grounds to deny town standing. Town of Stowe v. County of Lamoille, 134 Vt. 402, 362 A.2d 159 (1976).

3. Salary of deputy clerk.

Assistant judges of county are not authorized to expend moneys raised by taxes under this section for salaries of deputy clerk appointed by county clerk. 1948 Op. Atty. Gen. 382.

Law review commentaries

Law review. For note relating to powers and role of side judges in the legislative and judicial branches of government, see 10 Vt. L. Rev. 321 (1985).

§ 134. County tax; county treasurer; warrant.

The county treasurer shall issue warrants on or before March 1 requiring the tax to be paid in two equal installments on or before July 5 and on or before November 5.

Amended 1989, No. 176 (Adj. Sess.), eff. May 12, 1990; 2011, No. 81 (Adj. Sess.), § 1, eff. April 13, 2012; 2017, No. 74 , § 62.

History

Source. V.S. 1947, § 3430. P.L. § 3354. G.L. § 3832. 1915, No. 1 , § 109. P.S. § 3336. V.S. § 2891. R.L. § 2569. 1872, No. 77 , § 2.

Amendments--2017. Section heading: Inserted "County tax;" preceding "county treasurer".

Amendments--2011 (Adj. Sess.) Substituted "the tax to be paid in two equal installments on or before July 5 and on or before November 5" for "such tax to be paid on or before July 5 following".

Amendments--1989 (Adj. Sess.). Deleted "his" preceding "warrants" and "to him" following "paid" and substituted "July 5" for "June 1".

§ 135. County tax; payment by town.

Each town treasurer shall present such warrant to the selectboard which, within the time required by the warrant, shall draw an order on the town treasury for the amount of such tax and such treasurer shall forthwith pay the county treasurer the amount of such order. Such tax shall be assessed by the selectboard upon the grand list of the town unless otherwise provided for.

Amended 2017, No. 74 , § 63.

History

Source. V.S. 1947, § 3431. P.L. § 3355. 1933, No. 157 , § 3125. 1925, No. 58 . G.L. § 3831. 1917, No. 48 , §§ 3, 4. 1917, No. 254 , § 3782. 1915, No. 1 , § 108. 1912, No. 42 , § 1. P.S. § 3335. 1904, No. 72 , § 1. V.S. § 2890. 1892, No. 12 , §§ 1, 3. 1882, No. 1 , §§ 37, 40. 1882, No. 8 , § 2. R.L. § 2568. 1872, No. 77 , § 1.

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Amendments--2017. Section heading: Inserted "County tax;" preceding "payment".

§ 136. Actions by and against county; process; attorney.

Actions in which a county is the party in interest shall be brought by or against the county, and service of process against a county shall be made by leaving copies with the county clerk or county treasurer. The assistant judges may appoint an attorney to prosecute or defend actions in which the county is a party.

Amended 1971, No. 185 (Adj. Sess.), § 198, eff. March 29, 1972.

History

Source. V.S. 1947, § 3432. P.L. § 3356. G.L. § 3835. P.S. § 3339. V.S. § 2894. R.L. § 2572. G.S. 85, §§ 5, 16. R.S. 78, § 3. R. 1797, p. 301, § 4. 1788, p. 8.

Amendments--1971 (Adj. Sess.). Rephrased, substituted "process" for "writs" and added reference to county treasurer.

ANNOTATIONS

Analysis

1. Sovereign immunity.

Legislature did not intend to waive sovereign immunity by enactment of this section. 1962-64 Op. Atty. Gen. 471.

2. Legislative reapportionment.

County would not be a proper party in interest in suit challenging Legislature's senatorial reapportionment of the county, and the assistant judges could not appoint an attorney to represent the county, or the citizens of the county, in a suit challenging the reapportionment. 1974 Op. Atty. Gen. 49.

3. Powers .

Although a sheriff is a statutory employee of the county in which he protects via 24 V.S.A. § 290, he functions independently of the county in many important respects; the government's argument under 24 V.S.A. § 136, which states that a county shall bring suit on its own behalf, is misplaced because it is the sheriff that is required to take action under the Brady Act and the county under these circumstances does not suffer any harm by his Brady litigation. Frank v. United States, 860 F. Supp. 1030 (D. Vt. 1994), rev'd, in part, on other grounds, 78 F.3d 815 (2d Cir. 1996).

§ 137. Jurisdiction.

Superior Courts, within their respective jurisdictions, may take cognizance of actions in favor of or against the county.

Amended 1965, No. 194 , § 10, operative Feb. 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 249 (Adj. Sess.), § 77, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 168.

History

Source. V.S. 1947, § 3433. P.L. § 3357. G.L. § 3836. 1908, No. 62 . P.S. § 3340. V.S. § 2895. R.L. § 2573. G.S. 11, § 15. R.S. 10, § 9.

Amendments--2009 (Adj. Sess.) Deleted "District and" preceding "superior".

Amendments--1973 (Adj. Sess.). Omitted reference to justice court and substituted "superior court" for "county court".

Amendments--1965. Substituted "district court" for "municipal court".

ANNOTATIONS

1. Qui tam actions.

Under this section county court may take jurisdiction of qui tam action brought by common informer to recover penalty for fraudulent conveyance, notwithstanding one-half of penalty, if recovered, is given by statute to county within which court is held. Colgate v. Hill, 20 Vt. 56 (1847).

§ 138. Local option taxes.

  1. Local option taxes are authorized under this section for the purpose of affording municipalities an alternative method of raising municipal revenues to facilitate the transition and reduce the dislocations in those municipalities that may be caused by reforms to the method of financing public education under the Equal Educational Opportunity Act of 1997. Accordingly:
    1. the local option taxes authorized under this section may be imposed by a municipality;
    2. a municipality opting to impose a local option tax may do so prior to July 1, 1998 to be effective beginning January 1, 1999, and anytime after December 1, 1998 a local option tax shall be effective beginning on the next tax quarter following 90 days' notice to the Department of Taxes of the imposition; and
    3. a local option tax may only be adopted by a municipality in which:
      1. the education property tax rate in 1997 was less than $1.10 per $100.00 of equalized education property value; or
      2. the equalized grand list value of personal property, business machinery, inventory, and equipment is at least ten percent of the equalized education grand list as reported in the 1998 Annual Report of the Division of Property Valuation and Review; or
      3. the combined education tax rate of the municipality will increase by 20 percent or more in fiscal year 1999 or in fiscal year 2000 over the rate of the combined education property tax in the previous fiscal year.
  2. If the legislative body of a municipality by a majority vote recommends, the voters of a municipality may, at an annual or special meeting warned for that purpose, by a majority vote of those present and voting, assess any or all of the following:
    1. a one percent sales tax;
    2. a one percent meals and alcoholic beverages tax;
    3. a one percent rooms tax.
  3. Any tax imposed under the authority of this section shall be collected and administered by the Department of Taxes, in accordance with State law governing such State tax or taxes; provided, however, that a sales tax imposed under this section shall be collected on each sale that is subject to the Vermont sales tax using a destination basis for taxation. Except with respect to taxes collected on the sale of aviation jet fuel, a per-return fee of $5.96 shall be assessed to compensate the Department for the costs of administration and collection, 70 percent of which shall be borne by the municipality, and 30 percent of which shall be borne by the State to be paid from the PILOT Special Fund. The fee shall be subject to the provisions of 32 V.S.A. § 605 .
    1. Except as provided in subsection (c) of this section and subdivision (2) of this subsection with respect to taxes collected on the sale of aviation jet fuel, of the taxes collected under this section, 70 percent of the taxes shall be paid on a quarterly basis to the municipality in which they were collected, after reduction for the costs of administration and collection under subsection (c) of this section. Revenues received by a municipality may be expended for municipal services only, and not for education expenditures. Any remaining revenue shall be deposited into the PILOT Special Fund established by 32 V.S.A. § 3709 . (d) (1)  Except as provided in subsection (c) of this section and subdivision (2) of this subsection with respect to taxes collected on the sale of aviation jet fuel, of the taxes collected under this section, 70 percent of the taxes shall be paid on a quarterly basis to the municipality in which they were collected, after reduction for the costs of administration and collection under subsection (c) of this section. Revenues received by a municipality may be expended for municipal services only, and not for education expenditures. Any remaining revenue shall be deposited into the PILOT Special Fund established by 32 V.S.A. § 3709 .
      1. Of the taxes collected under this section on the sale of aviation jet fuel, on a quarterly basis, 70 percent of the taxes shall be paid to the municipality in which they were collected, and 30 percent shall be deposited in the Transportation Fund. (2) (A) Of the taxes collected under this section on the sale of aviation jet fuel, on a quarterly basis, 70 percent of the taxes shall be paid to the municipality in which they were collected, and 30 percent shall be deposited in the Transportation Fund.
      2. All revenues referenced in subdivision (A) of this subdivision (2) shall be used exclusively for aviation purposes consistent with 49 U.S.C. § 47133 and Federal Aviation Administration regulations and policies.
  5. As used in this section, "municipality" means a city, town, or incorporated village.
  6. Nothing in this section shall affect the validity of any existing provision of law or municipal charter authorizing a municipality to impose a tax similar to the local option taxes authorized in this section.
  7. If the legislative body of a municipality by a majority vote recommends or by petition of ten percent of the voters of a municipality recommends, the voters of a municipality may at an annual or special meeting warned for that purpose by a majority vote of those present and voting rescind any or all of the local option taxes assessed under subsection (b) of this section.

    Added 1997, No. 60 , § 88; amended 1997, No. 71 (Adj. Sess.), § 61, eff. March 11, 1998; 1999, No. 49 , § 87, eff. June 2, 1999; 2001, No. 144 (Adj. Sess.), § 25; 2003, No. 66 , § 53b, see effective date note set out below; 2003, No. 68 , §§ 66, 68, eff. June 18, 2003; 2003, No. 152 (Adj. Sess.), § 15; 2005, No. 215 (Adj. Sess.), §§ 286, 293b, 293c; 2009, No. 160 (Adj. Sess.), § 8; 2011, No. 128 (Adj. Sess.), § 37; 2011, No. 143 (Adj. Sess.), § 48, eff. May 15, 2012; 2017, No. 158 (Adj. Sess.), § 36, eff. Jan. 1, 2019.

History

Reference in text. The Equal Educational Opportunity Act of 1997, referred to in subsec. (a), was passed by 1997, No. 60 , and is principally codified in Title 16.

2003. The text of this section is based on a correlation of three amendments. During the 2003 session, this section was amended three times by Act Nos. 66 and 68. In order to reflect all of the changes intended by the Legislature during the 2003 session, the texts of Act Nos. 66 and 68 were merged to arrive at a single version of this section. The amendments by each act are described in amendment notes set out below.

Amendments--2017 (Adj. Sess.). Subsec. (c): Added "Except with respect to taxes collected on the sale of aviation jet fuel," at the beginning of the second sentence.

Subsec. (d): Amended generally.

Amendments--2011 (Adj. Sess.). Subsec. (c): Act No. 128 substituted "$5.96" for "$9.52" in the second sentence.

Subsec. (g): Added by Act No. 143.

Amendments--2009 (Adj. Sess.) Subsec. (c): Amended generally.

Amendments--2005 (Adj. Sess.). Subdiv. (a)(1): Act No. 215, § 293b deleted "only during calendar years 1999 through 2008" from the end.

Subdiv. (a)(2): Act No. 215, § 293b deleted "and all authority to opt to impose a local option tax under this section shall terminate September 1, 2007, and all authority to impose a local option tax shall terminate on December 31, 2008".

Act No. 215, § 293c, amending the version as amended by 2003, No. 152 (Adj. Sess.), § 15, substituted "90 days" for "30 days" and deleted "and all authority to opt to impose a local option tax under this section shall terminate September 1, 2007, and all authority to impose a local option tax shall terminate on December 31, 2008".

Subdiv. (d): Amended generally by Act No. 215, § 286.

Amendments--2003 Subdiv. (a)(2): Substituted "90 days' notice" for "30 days' notice".

Amendments--2003. Subsec. (a): Amended generally.

Subsec. (b): Deleted "excluding tax on telecommunications" in subdiv. (b)(1).

Subsec. (c): Added "using a destination basis for taxation" to the end of the first sentence.

Subsec. (d): Inserted "established in Sec. 89 of No. 60 of the Acts of 1997" following "special fund".

Amendments--2001 (Adj. Sess.) Substituted "1999 through 2006" for "1999 through 2004" in subdiv. (a)(1), and "September 1, 2005" for "September 1, 2003" and "December 31, 2006" for "December 31, 2004" in subdiv. (a)(2).

Amendments--1999 Subdiv. (a)(1): Substituted "through 2004" for "2000, 2001 and 2002".

Subdiv. (a)(2): Substituted "September 1, 2003" for "September 1, 2001" and "December 31, 2004" for "December 31, 2002".

Subdiv. (a)(3)(B): Substituted "as reported in the 1998 Annual Report of the Division of Property Valuation and Review" for "in fiscal year 1998".

Subsec. (c): Substituted "seventy percent of the" for "all" at the beginning of the second sentence and inserted "and 30 percent shall be borne by the state to be paid from the pilot special fund" at the end.

Subsec. (d): Substituted "thereafter" for "2000 and 2001, and 60 percent shall be paid to the municipality in which they were reported for calendar year 2002" following "reported for calendar years" at the end of the first sentence.

Amendments--1997 (Adj. Sess.). In subdiv. (a)(1) substituted "calendar" for "fiscal" and "and 2002" for "the transitional years preceding full implementation of that act"; in subdiv. (a)(2) substituted "may do so prior to" for "shall do so no later than"; added the language beginning with "to be effective" and ending with "of the imposition"; substituted "opt to impose" for "impose or collect" and substituted the language beginning with "September 1" for "July 1, 2001"; redesignated part of subdiv. (3) as (3)(A); substituted "value" for "tax grand list" and added subdivs. (B) and (C); in subdiv. (b)(1) deleted "and use" after "sales"; substituted "department of taxes" for "municipality" in subdiv. (c) and rewrote subdiv. (d).

Effective date of 2003 amendments to subsecs. (b) and (c). 2003, No. 68 , § 87(17), as amended by 2003, No. 152 (Adj. Sess.), § 27, provides that Secs. 51-67 [sec. 66 amends subsecs. (b) and (c) of this section] relating to streamlined sales tax provisions, including provisions relating to alcoholic beverages, clothing, and $20.00 telecommunications credit, and provisions relating to local option taxation of telecommunications and exemption of clothing, shall take effect on the first day of the second quarter following the date of Vermont's membership in the multistate streamlined sales and use tax agreement, but no earlier than July 1, 2005.

Management of PILOT special fund. 1997, No. 60 , § 89, provided:

"(a) There is established a PILOT special fund, to be managed by the commissioner of taxes, pursuant to subchapter 5 of chapter 7 of Title 32. The commissioner of finance and management may draw warrants for disbursements from this fund in anticipation of receipts.

"(b) If after payment of the amounts required by subsection 3703(d) of Title 32, insufficient funds exist to pay the full amount of all remaining payments in lieu of taxes, then the remaining payments, after application of the cap in subsection 3703(c) of Title 32, shall be reduced proportionately."

Effective date of amendment. 2003, No. 152 (Adj. Sess.), § 23(5) provides that Secs. 15 through 22 of that act [Sec. 15 amended subdiv. (a)(2) of this section by substituting "90 days" for "30 days"] shall take effect on the first day of the second quarter following the date of Vermont's membership in the multistate streamlined sales and use tax agreements, but no earlier than July 1, 2005.

Applicability of 2009 (Adj. Sess.) amendment. 2009, No. 160 (Adj. Sess.), § 62(2) provides that Sec. 8 (local option tax administration fee) [which amends this section] shall apply to all returns filed with the department on or after July 1, 2010.

Cross References

Cross references. State payment in lieu of property taxes, see 32 V.S.A. § 3701 et seq.

§ 139. Assistant judge judicial education.

The assistant judges, either collectively or through a duly authorized committee of assistant judges established by a majority vote of the assistant judges after consultation with the administrative judge, shall, by majority vote:

  1. identify the training needs of assistant judges, including needs which are required by law; and
  2. design, organize, and implement training for assistant judges, including training which is required by law.

    Added 2001, No. 70 , § 3, eff. June 16, 2001.

History

2016. In subdivs. (1) and (2), deleted "but not limited to" following "including" in accordance with 2013, No. 5 , § 4.

Subchapter 2. County Clerk

§ 171. Appointment.

The assistant judges shall appoint a county clerk who shall be sworn and hold his or her office during the pleasure of such judges and until his or her successor is appointed and has qualified.

Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 169.

History

Source. V.S. 1947, § 3434. P.L. § 3358. 1933, No. 157 , § 3128. G.L. § 3864. P.S. § 3364. 1906, No. 63 , § 35. 1902, No. 153 , § 4. V.S. § 2920. R.L. § 2598. G.S. 12, § 65. R.S. 11, § 58. 1824, p. 21. 1805, p. 107. R. 1797, p. 81, § 18. R. 1797, p. 580, § 5. 1794, p. 118. 1792, p. 59. R. 1787, p. 28.

Amendments--2009 (Adj. Sess.) Deleted "of the superior court, with the concurrence of the presiding judge of such court" preceding "shall appoint" and inserted "or her" following "his" in two places.

Amendments--1973 (Adj. Sess.). Substituted "superior court" for "county court".

§ 172. Certificate of appointment.

Upon the appointment of a county clerk, such judges shall transmit to the Secretary of State their certificate of appointment and qualification of such clerk signed by them. Such certificate shall bear on its face the signature and impression of the official seal of the clerk and verification of the genuineness of each.

History

Source. V.S. 1947, § 3435. 1947, No. 202 , § 3457. P.L. § 3359. G.L. § 3865. P.S. § 3365. 1900, No. 43 , § 1.

§ 173. Certificate of Secretary of State.

Upon request, the Secretary of State shall certify under seal to the appointment, qualification, and authority of a county clerk described in a certificate on file in his or her office, and as to the genuineness of the signature and seal of office of a county clerk appearing on any instrument within the authority of such clerk to execute.

History

Source. V.S. 1947, § 3436. P.L. § 3360. G.L. § 3866. P.S. § 3366. 1900, No. 43 , § 2.

§ 174. Repealed. 2009, No; 154 (Adj. Sess.), § 238.

History

Former § 174. Former § 174, relating to the Superior Court seal may be used as county seal, was derived from V.S; 1947, § 3437; P.L; § 3361; 1921, No; 91, § 1 and amended by 1973, No; 193 (Adj; Sess.), § 3.

§ 175. Bond to county.

Before entering upon the duties of his or her office, a county clerk shall become bound to the county in the sum of $3,000.00, with sufficient sureties, by way of recognizance, before the assistant judges, or give a bond to the county executed by principal and sureties in like sum to be approved by the assistant judges, conditioned for the faithful performance of his or her duties. Such bonds of county clerks shall be taken biennially in the month of February and recorded in the office of the county clerk.

Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 170.

History

Source. V.S. 1947, § 3438. P.L. § 3362. 1933, No. 157 , § 3132. G.L. §§ 3868, 3869. 1915, No. 1 , § 111. P.S. §§ 3368, 3369. 1902, No. 157 , § 1. V.S. §§ 2922, 2923. R.L. §§ 2600, 2601. 1872, No. 64 . G.S. 12, §§ 68, 70. 1850, No. 62 , § 3. 1842, No. 2 , § 4. R.S. 11, § 61. 1825, No. 1 , § 7. R. 1797, p. 577, § 1.

Amendments--2009 (Adj. Sess.) Inserted "or her" following "his" in two places, and substituted "the assistant judges" for "two of the judges of the superior court" in two places.

Amendments--1973 (Adj. Sess.). Substituted "superior court" for "county court".

§ 176. Deputy clerk.

A county clerk may, subject to the approval of the assistant judges, appoint one or more deputies who may perform the duties of clerk for whose acts he or she shall be responsible and whose deputations he or she may revoke at pleasure. A record of the appointments shall be made in the office of the clerk. In case of the death of the clerk or his or her inability to act, the deputy or deputies in order of appointment shall perform the duties of the office until a clerk is appointed. In case of the suspension of the clerk's duties as a condition of release pending trial for violating 13 V.S.A. § 2537 , the assistant judges of the county shall appoint a person to perform the duties of the office until the charge of violating 13 V.S.A. § 2537 is resolved. The compensation for the clerk and deputy clerk shall be fixed by the assistant judges and paid for by the county. Such compensation may include such employment benefits as are presently provided to State employees, including health insurance, life insurance, and pension plan, the expense for which shall be borne by the county and the employees.

Amended 1973, No. 106 , § 7, eff. May 25, 1973; 2007, No. 169 (Adj. Sess.), § 3; 2009, No. 154 (Adj. Sess.), § 171.

History

Source. 1951, No. 63 . V.S. 1947, § 3439. P.L. § 3363. G.L. § 3872. P.S. § 3372. V.S. § 2926. R.L. § 2604. G.S. 12, § 83. R.S. 11, § 66. 1837, No. 25 .

Amendments--2009 (Adj. Sess.) Deleted the former fifth sentence, inserted "clerk and" preceding "deputy clerk" in the present fourth sentence, and deleted "but not limited to" preceding "health insurance" in the sixth sentence.

Amendments--2007 (Adj. Sess.). Inserted "or she" following "he" twice in the first sentence and "or her" following "his" in the third sentence and added the present fourth and fifth sentences.

Amendments--1973. Provided for appointment of deputy clerks and added reference to employment benefits.

ANNOTATIONS

Analysis

1. Appointment.

Assistant judges do not have authority to appoint deputy county clerk. 1946-48 Op. Atty. Gen. 382.

2. Signing documents.

Deputy clerk has all the power of the clerk to sign a writ of possession. Corinth v. Locke, 62 Vt. 411, 20 A. 809 (1890).

Deputy clerk of county court has authority to sign writs returnable to that court. Johnson v. Nash, 20 Vt. 40 (1847).

Where clerk of county court by mistake signed writ returnable to that court as "deputy clerk," he was allowed to amend, after plea in abatement filed, by annexing to his signature the word "Clerk." Johnson v. Nash, 20 Vt. 40 (1847).

Cited. , 1962-64 Op. Atty. Gen. 391.

§ 177. Certification of election and qualification of officers.

Upon request, a county clerk shall certify under seal to the election or appointment of officers or magistrates, certificates of whose election or appointment and of having taken the oath of office, when such oath is required, have been filed with him or her as provided by law.

History

Source. V.S. 1947, § 3440. P.L. § 3364. G.L. § 3873. P.S. § 3373. V.S. § 2927. 1894, No. 162 , § 2867.

§ 178. Record of sheriff's commission; copies; evidence.

The county clerk shall record, in a book kept for that purpose, sheriffs' commissions with the oath of office indorsed thereon. In case of loss or destruction of an original commission or recognizance, a certified copy of the record may be used in court as evidence of the facts therein contained.

Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 172.

History

Source. V.S. 1947, § 3441. P.L. § 3365. G.L. § 3875. P.S. § 3375. V.S. § 2929. R.L. § 2606. 1864, No. 38 .

Amendments--2009 (Adj. Sess.) Substituted "the county" for "such" preceding "clerk shall record" and deleted "and recognizances taken by the judges of the superior court, out of court, for the appearance of criminals confined in jail" following "indorsed thereon" in the first sentence.

Amendments--1973 (Adj. Sess.). Substituted "superior court" for "county court".

§ 179. Repealed. 1969, No. 282 (Adj. Sess.), § 14.

History

Former § 179. Former § 179 related to record of appointment and bond of a chief of police and was derived from V.S. 1947, § 3442; P.L. § 3366; G.L. § 3876; P.S. § 3376; 1904, No. 80 , § 4.

§ 180. Claim; clerk to draw orders.

Claims against a county shall be examined and allowed by the assistant judges, unless other provision is made by law. A statement of each claim with the amount allowed shall be certified by them to the county clerk, who shall draw an order therefor upon the county treasurer.

History

Source. V.S. 1947, § 3444. P.L. § 3368. 1933, No. 157 , § 3138. G.L. § 3829. P.S. § 3333. V.S. § 2888. R.L. § 2566. G.S. 11, § 4. 1860, No. 46 , § 1.

ANNOTATIONS

Analysis

1. Valid claims.

Order drawn by the judges of the county court in payment for labor and materials used in repairs and improvements of county buildings, where work done was necessary, and expenditures therefor were proper, judicious, and necessarily incurred, and were made on buildings in existence, and of which county was owner, constitutes valid claim against county. Campbell v. County of Franklin, 27 Vt. 178 (1855).

2. Negotiability of orders.

Order drawn by judges of county court upon county treasurer, payable to order of person in whose favor it is drawn, is not negotiable so as to enable endorsee to maintain an action on it in his own name. Hyde v. County of Franklin, 27 Vt. 185 (1855).

§ 181. Settlements; record; filing.

Such clerk shall keep on file in his or her office the statements furnished him or her by the assistant judges, upon which he or she has drawn orders, and shall keep a record of such orders, within the number of each, its date, amount, to whom payable, and for what purpose drawn. He or she shall also preserve and keep on file the claims, accounts, or vouchers for which such orders were drawn.

History

Source. V.S. 1947, § 3445. P.L. § 3369. 1933, No. 157 , § 3139. G.L. §§ 3874, 3878. P.S. §§ 3374, 3378. V.S. §§ 2928, 2931. R.L. §§ 2605, 2608. G.S. 11, §§ 5, 6. G.S. 12, § 71. 1860, No. 46 , §§ 2, 3. R.S. 11, § 63. 1825, No. 1 , § 13. R. 1797, p. 581, § 7. 1794, p. 120. 1791, p. 21.

§ 182. Repealed. 2009, No. 154 (Adj. Sess.), § 238.

History

Former § 182. Former § 182, relating to the 1973, No. 193 (Adj. Sess.), § 3, was derived from V.S. 1947, § 3446; 1947, No. 202 , § 3468; P.L. § 3370; G.L. § 3879; 1915, No. 1 , § 200; 1908, No. 196 , § 1. P.S. § 6206; 1902, No. 153 , §§ 1, 8; V.S. § 5358. 1882, No. 102 , §§ 1, 2; R.L. §§ 4501, 4502; 1880, No. 28 , §§ 1, 2 and amended by 1959, No. 328 (Adj. Sess.), § 23; 1983, No. 195 (Adj. Sess.), § 5(b).

§ 183. Repealed. 2019, No. 178 (Adj. Sess.), § 27, eff. October 1, 2020.

History

Former § 183. Former § 183, relating to certificate of appointment of notary public, was derived from 2009, No. 154 (Adj. Sess.), § 173.

§ 184. Processing of passport applications.

The county clerk shall, if so directed by the assistant judges, accept and process applications for U.S. passports pursuant to memorandums of understanding entered into under 4 V.S.A. § 691 .

Added 2011, No. 1 , § 11, eff. February 2, 2011.

Subchapter 3. County Treasurer

§ 211. Appointment; vacancy.

Biennially, on February 1, the assistant judges shall appoint a treasurer for the county who shall hold office for two years and until his or her successor is appointed and qualified. If the treasurer dies or in the opinion of the assistant judges becomes disqualified, they may appoint a treasurer for the unexpired term. If the treasurer has his or her duties suspended as a condition of release pending trial for violating 13 V.S.A. § 2537 , the assistant judges of the county shall appoint a person to perform the duties of the treasurer until the charge of violating 13 V.S.A. § 2537 is resolved. If the assistant judges cannot agree upon whom to appoint, the Auditor of Accounts shall make the appointment.

Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2007, No. 169 (Adj. Sess.), § 4; 2009, No. 154 (Adj. Sess.), § 174.

History

Source. V.S. 1947, § 3447. P.L. § 3371. G.L. §§ 3880, 3881. 1915, No. 1 , § 113. P.S. §§ 3379, 3380. V.S. §§ 2933, 2934. 1884, No. 148 . R.L. §§ 2609, 2610. G.S. 12, §§ 89, 90. R.S. 11, §§ 71, 72. 1800, p. 16. 1791, p. 14. R. 1787, p. 43.

Amendments--2009 (Adj. Sess.) Deleted "of the superior court" following "assistant judges" in the first sentence, and substituted "the treasurer" for "such treasurer" in the second sentence.

Amendments--2007 (Adj. Sess.). In the first sentence, inserted "or her" following "his" and added the present third and fourth sentences.

Amendments--1973 (Adj Sess.). Substituted "superior court" for "county court".

Law review commentaries

Law review. For note relating to powers and role of side judges in the legislative and judicial branches of government, see 10 Vt. L. Rev. 321 (1985).

§ 212. Bond.

Before entering upon the duties of his or her office, a county treasurer shall become bound to the county in the sum of $5,000.00, with sufficient sureties, by way of recognizance, before the assistant judges, or give a bond to the county executed by principal and sureties in like sum to be approved by the assistant judges, conditioned for the faithful performance of his or her duties. The recognizance or bond shall be lodged with and recorded by the county clerk and renewed annually in the month of February.

Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 175.

History

Source. V.S. 1947, § 3448. P.L. § 3372. 1933, No. 157 , § 3142. G.L. § 3882. P.S. § 3381. 1902, No. 157 , § 1. V.S. § 2935. R.L. § 2611. G.S. 12, § 91. R.S. 11, § 73. 1800, p. 17.

Amendments--2009 (Adj. Sess.) Inserted "or her" following "his" in two places and substituted "the assistant judges" for "two of the judges of the superior court" in two places in the first sentence, and rewrote the former second and third sentences as the present second sentence.

Amendments--1973 (Adj. Sess.). Substituted "superior court" for "county court".

§ 213. Accounts; disbursements.

The treasurer shall keep proper entries of monies received and paid out, under appropriate accounts, so that the revenue of the county and the disbursements shall appear in detail. No money shall be paid out of the county treasury except upon the order of the county clerk.

History

Source. V.S. 1947, § 3449. P.L. § 3373. 1933, No. 157 , § 3143. G.L. §§ 3883, 3895. P.S. §§ 3382, 3394. V.S. §§ 2936, 2948. R.L. §§ 2612, 2624. G.S. 11, §§ 4, 6. G.S. 12, § 92. 1860, No. 46 , §§ 1, 3. R.S. 11, § 74. 1800, p. 17.

§ 214. Care of lands in unorganized towns and gores; lease lands.

The treasurer shall have the care of the lands in unorganized towns and gores in the county, granted as glebes, lands granted to the use of the ministry or the social worship of God, lands granted to the first settled minister, and lands granted or reserved for the use or support of schools, until such towns or gores are organized, but this section shall not affect a lease or contract respecting such lands made under previous law.

Amended 2017, No. 74 , § 64.

History

Source. V.S. 1947, § 3450. P.L. § 3374. G.L. § 3884. P.S. § 3383. V.S. § 2937. R.L. § 2613. G.S. 97, §§ 6, 7. 1852, No. 58 , § 1.

Amendments--2017. Section heading: Inserted "Care of" preceding "lands in".

§ 215. Lands in unorganized towns and gores; power to sue and defend actions.

During the time the towns or gores described in section 214 of this subchapter remain unorganized, the treasurer may commence and prosecute or defend in the name of the county any action necessary to recover or protect the possession of such lands or to recover damages for trespass committed thereon.

Amended 2017, No. 74 , § 65.

History

Source. V.S. 1947, § 3451. P.L. § 3375. G.L. § 3885. P.S. § 3384. V.S. § 2938. R.L. § 2614. G.S. 97, § 8. 1852, No. 58 , § 2.

Amendments--2017. Section amended generally.

§ 216. Lands in unorganized towns and gores; rents.

  1. The treasurer may lease the lands described in section 214 of this subchapter in such manner as he or she judges beneficial, reserving rents for the same, which shall annually be paid into the treasury of the county, until the town or gore in which the lands lie is organized. Thereafter the rents shall be paid into the treasury of the town in which the lands lie.
  2. Lands granted to the first settled minister shall not be leased at any one time for a longer period than five years, or until a minister is settled who is entitled to the same.

    Amended 2017, No. 74 , § 66.

History

Source. V.S. 1947, § 3452. P.L. § 3376. G.L. § 3886. P.S. § 3385. V.S. § 2939. R.L. § 2615. G.S. 97, § 9. 1852, No. 58 , § 3.

Amendments--2017. Rewrote the section heading; added the subsec. (a) and (b) designations; and substituted "The treasurer may lease the lands described in section 214 of this subchapter" for "He or she may lease such lands" in the first sentence of subsec. (a).

ANNOTATIONS

1. Effect of attempted conveyances.

Conveyances in fee of our public lands, when statute authorizes only leases reserving rent, are void as conveyances, though they may operate as licenses to enter, and, if they contain a sufficient description, they give color of title. Capen's Adm'r v. Sheldon, 78 Vt. 39, 61 A. 864 (1905).

§ 217. Disposal of rents of lands in unorganized towns and gores.

When paid into the county treasury, the rents described in section 216 of this subchapter shall be disposed of as other funds in the treasury.

Amended 2017, No. 74 , § 67.

History

Source. V.S. 1947, § 3453. P.L. § 3377. G.L. § 3887. P.S. § 3386. V.S. § 2940. R.L. § 2616. 1872, No. 59 . G.S. 97, § 10. 1852, No. 58 , § 4.

Amendments--2017. Section amended generally.

§ 218. Rents for county property.

The county treasurer shall collect rents due from persons holding county property by lease or otherwise.

History

Source. V.S. 1947, § 3454. P.L. § 3378. 1933, No. 157 , § 3148. G.L. §§ 3851, 3888. P.S. §§ 3351, 3387. 1900, No. 41 , § 1. V.S. §§ 2906, 2941. R.L. §§ 2584, 2617. G.S. 11, §§ 11, 12, 14. R.S. 10, §§ 5, 6, 8. 1802, p. 147.

§ 219. Treasurer to levy tax to meet execution.

When demand is made of a county treasurer for the payment of an execution against the county and there are not funds in the treasury sufficient to satisfy such execution, such treasurer shall forthwith issue the certified statement required by 32 V.S.A. § 4965 and shall issue warrants to the several treasurers of the towns for the collection of a tax sufficient to pay such execution, the charges thereon, 12 percent interest, and other incidental expenses, returnable within 60 days from the date of such warrants.

History

Source. V.S. 1947, § 3455. 1947, No. 202 , § 3477. P.L. § 3379. 1933, No. 157 , § 3149. G.L. § 3889. 1912, No. 42 , § 15. P.S. § 3388. V.S. § 2942. R.L. § 2618. G.S. 85, § 12. R.S. 78, § 9. R. 1797, p. 302, § 7.

Cross References

Cross references. Collection of State and county taxes, see 32 V.S.A. § 4731 et seq.

§ 220. Tax warrant; payment by town.

Each town treasurer shall present the warrant described in section 219 of this subchapter to the selectboard, which shall, within the time required by the warrant, draw an order on the town treasury for the amount of such warrant and that treasurer shall forthwith pay the county treasurer the amount of such order, which amount shall be assessed by the selectboard as a tax upon the grand list of the town unless otherwise provided for.

Amended 2017, No. 74 , § 68.

History

Source. V.S. 1947, § 3456. P.L. § 3380. 1933, No. 157 , § 3150.

2016. Substituted "selectboard" for "selectmen" in two places in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Amendments--2017. Section amended generally.

§ 221. Annual statement; penalty.

  1. Annually, on or before February 5, a county treasurer shall make settlement with the county auditor and deliver to the assistant judges of the county a statement of his or her accounts for the year ending on January 31 preceding, exhibiting the orders accepted by him or her, giving the number, date, amount, and payee of each, the amount and source of revenue of the county and each item thereof, the orders paid by him or her, giving the number, date, and amount of each, to whom made payable and for what purpose drawn, the amount of interest paid thereon, the amount of indebtedness of the county, with a copy of the abstract of orders outstanding and unpaid at the commencement of such year, and the orders accepted by him or her during such year.
  2. A county treasurer who fails to comply with a provision of this section, or who knowingly makes a false return, shall be fined not more than $500.00.

History

Source. V.S. 1947, § 3457. P.L. § 3381. G.L. § 3892. 1915, No. 1 , § 114. P.S. § 3391. V.S. § 2945. 1884, No. 149 . R.L. § 2621. 1880, No. 117 , § 1. G.S. 11, § 7. 1860, No. 46 , § 4.

2016. Added the subsec. (a) and (b) designations.

§ 222. Neglect to settle; penalty.

A treasurer who refuses or neglects to settle with the auditor, after being notified, shall be fined $20.00, and a like sum for each month's refusal or neglect thereafter.

History

Source. V.S. 1947, § 3458. P.L. § 3382. G.L. § 3898. 1917, No. 254 , § 3849. P.S. § 3397. V.S. § 2951. R.L. § 2627. G.S. 12, § 95. R.S. 11, § 77. R. 1797, p. 582, § 12. 1793, p. 53.

§ 223. Statement compared, corrected, and filed.

The assistant judges shall compare such statement with the record of the county clerk of orders drawn upon the treasurer for such year, and after correcting errors therein shall cause the same to be recorded in the office of the county clerk.

History

Source. V.S. 1947, § 3459. P.L. § 3383. G.L. § 3893. P.S. § 3392. V.S. § 2946. R.L. § 2622. G.S. 11, § 8, 1860, No 46, § 5.

§ 224. Annual reports; publication; penalty.

  1. Within 14 days after the receipt of such statement, the assistant judges shall publish annually such a summary as will show the source and amount of the income of the county, the items and amount of expenditures by the treasurer for the year, together with the indebtedness of the county, and such other facts as to the financial condition of the county as they deem important. Such publication shall be made in not more than three newspapers in the county, or if a newspaper is not published in the county, in some newspaper having general circulation therein.
  2. An assistant judge who fails to comply with a provision of this section shall be fined not more than $500.00.

    Amended 1991, No. 186 (Adj. Sess.), § 35, eff. May 7, 1992.

History

Source. V.S. 1947, § 3460. 1947, No. 202 , § 3482. 1943, No. 36 , § 1. P.L. § 3384. 1933, No. 157 , § 3154. G.L. § 3894. 1912, No. 117 . P.S. § 3393. 1904, No. 73 , § 1. V.S. § 2947. R.L. § 2623. 1880, No. 117 , § 2. G.S. 11, § 9. 1860, No. 46 , § 6.

2016. Added the subsec. (a) and (b) designations.

Amendments--1991 (Adj. Sess.). Deleted "and the judges shall send to the commissioner of taxes, as soon as prepared, a copy of the statement as published" following "circulation therein" in the second sentence and substituted "an assistant" for "a" preceding "judge" in the third sentence.

Subchapter 4. County Auditor

§ 261. County financial audit.

  1. Biennially, all of the accounts of the county treasurer, including any reserve funds, shall be subject to a financial audit conducted according to the generally accepted government accounting standards as established by the federal government accounting office. The audit shall be performed by a public accountant regulated under Title 26 and shall be conducted within four months after the close of the fiscal year being audited. The accountant's report shall be accompanied by a management letter containing findings and recommendations.
  2. The assistant judges shall enter into a contract with a public accountant to perform the audits required by this section. The assistant judges may enter into a multiple year contract under this section, provided that the person to whom a contract is awarded is selected by use of an open request for proposals process.

    Added 1997, No. 107 (Adj. Sess.), § 2, eff. Jan. 1, 1999.

History

Source. V.S. 1947, § 3461. P.L. § 3385. 1933, No. 157 , § 3155. G.L. § 3896. 1915, No. 1 , § 115. P.S. § 3395. V.S. § 2949. 1884, No. 148 . R.L. § 2625. 1872, No. 59 . G.S. 12, §§ 93, 94. R.S. 11, §§ 75, 76. R. 1797, p. 582, § 11. 1793, p. 52.

Amendments--1997 (Adj. Sess.). Substituted the present section heading for "Appointment; duty", and substituted subsecs. (a) and (b) for the former language which read "Biennially, on February 1, the assistant judges shall appoint a county auditor who shall audit the accounts of the county treasurer. Such auditor shall hold office for two years and until his successor is appointed and has qualified.".

Law review commentaries

Law review. For note relating to powers and role of side judges in the legislative and judicial branches of government, see 10 Vt. L. Rev. 321 (1985).

§ 262. Repealed. 1997, No. 107 (Adj. Sess.), § 4, eff. Jan. 1, 1999, pursuant to 1997.

History

Former § 262. Former § 262, relating to transfer of books and report on state of treasury, was derived V.S. 1947, § 3462; P.L. § 3386; G.L. § 3897; P.S. § 3396; V.S. § 2950; R.L. § 2626; G.S. 12, § 93; R.S. 11, § 75; R. 1797, p. 582, § 11; 1793, p. 52.

Subchapter 5. Sheriffs

Cross References

Cross references. Claims against sheriffs and deputy sheriffs, see 3 V.S.A. § 1101 et seq.

Exemption of law enforcement officers from security guard licensure requirements, see 26 V.S.A. § 3174.

Service of process by sheriffs and deputy sheriffs, see 12 V.S.A. § 691 et seq.

§ 290. County sheriff's department.

  1. A sheriff's department is established in each county.  It shall consist of the elected sheriff in each county, and such deputy sheriffs and supporting staff as may be appointed by the sheriff.  Full-time employees of the sheriff's department, paid by the county, shall be county employees for all purposes but shall be eligible to join the State Employees Retirement System, provided the county shall pay the employer's share. The sheriff's department shall be entitled to utilize all State services available to a town within the county.
  2. Full-time deputy sheriffs whose primary responsibility is transportation of prisoners and persons with a mental condition or psychiatric disability shall be paid by the State of Vermont. The appointment of such deputies and their salary shall be approved by the Governor or his or her designee. The Executive Committee of the Vermont Sheriffs Association and the Executive Director of the Department of State's Attorneys and Sheriffs shall jointly have authority for the assignment of position locations in the counties of State-paid deputy sheriffs and shall review the county location assignments periodically for efficient use of resources.
  3. Equity, indebtedness, ownership of equipment, and title to motor vehicles associated with the operation of each sheriff's department and purchased with department funds shall be held in the name of the department, not in the name of the sheriff.  The department is constituted as a legal entity with the power to contract and incur liabilities.
  4. Upon the election of a sheriff-elect who is not the incumbent sheriff, or upon notice of the resignation of the sheriff, all financial disbursements from the accounts of the department, including the transfer of real or personal property, or other assets, of the department shall be co-signed by the sheriff and the assistant judges. A report of all financial disbursements or transfers made pursuant to this subsection shall be forwarded by the assistant judges to the Auditor of Accounts within 15 days of completion of the out-going sheriff's duties.

    Added 1977, No. 218 (Adj. Sess.), § 1; amended 1987, No. 262 (Adj. Sess.), § 3; 1991, No. 257 (Adj. Sess.), § 4; 2009, No. 157 (Adj. Sess.), § 4; 2013, No. 96 (Adj. Sess.), § 149.

History

Amendments--2013 (Adj. Sess.). Subsec. (b): Substituted "persons with a mental condition or psychiatric disability" for "mentally ill persons" following "prisoners and" in the first sentence.

Amendments--2009 (Adj. Sess.) Subsec. (b): Inserted "or her" following "his" in the second sentence and added the third sentence.

Amendments--1991 (Adj. Sess.). Subsec. (d): Added.

Amendments--1987 (Adj. Sess.). Subsec. (c): Added.

ANNOTATIONS

1. Administration and control.

A sheriff is a statutory employee of the county in which he protects via 24 V.S.A. § 290, but many of the sheriff's functions and administration are handled outside the county; sheriffs are elected by the freemen of their districts, can only be removed from office through impeachment by the Vermont State Legislature, the State sets the sheriff's salary, and the office of sheriff is created by the Vermont Constitution. Frank v. United States, 860 F. Supp. 1030 (D. Vt. 1994), rev'd, in part, on other grounds, 78 F.3d 815 (2d Cir. 1996).

Although a sheriff is a statutory employee of the county in which he protects via 24 V.S.A. § 290, he functions independently of the county in many important respects; the government's argument under 24 V.S.A. § 136, which states that a county shall bring suit on its own behalf, is misplaced because it is the sheriff that is required to take action under the Brady Act and the county under these circumstances does not suffer any harm by his Brady litigation. Frank v. United States, 860 F. Supp. 1030 (D. Vt. 1994), rev'd, in part, on other grounds, 78 F.3d 815 (2d Cir. 1996).

Cited. McLaughlin v. State, 161 Vt. 492, 642 A.2d 683 (1994); Huminski v. Corsones, 386 F.3d 116 (2d Cir. 2004).

Cross References

Cross references. County support of sheriff's department, see § 73 of this title.

Election of sheriffs, see Vt. Const. Ch. II, §§ 43, 50 and 53.

Fees of sheriff's departments, see 32 V.S.A. § 1591 et seq.

Salaries of sheriffs, see 32 V.S.A. § 1182.

§ 290b. Audits.

  1. [Repealed.]
  2. The Auditor of Accounts shall adopt and sheriffs shall comply with a uniform system of accounts, controls, and procedures for the sheriff's department, which accurately reflects the receipt and disbursement of all funds by the department, the sheriff, and all employees of the department. The uniform system shall include:
    1. requirements for written financial records and books;
    2. procedures for the recording of all financial transactions and the maintenance of such records;
    3. procedures to ensure proper documentation to ensure that all disbursement transactions are properly supported, approved, and recorded;
    4. procedures to ensure that all receipts are properly supported and recorded;
    5. procedures to ensure that bank receipt and disbursement accounts are reconciled on a timely basis;
    6. procedures for the preparation of an annual set of financial reports which accurately reflects the financial transactions and condition of the department;
    7. procedures to ensure that all payments for services performed by the sheriff, deputy sheriffs, or other employees of the department rendered by virtue of their office are made to the sheriff's department;
    8. procedures and controls which identify revenues received from public entities through appropriations or grants from the federal, State, or local governments from revenues received through contracts with private entities; and
    9. other procedures and requirements as the Auditor of Accounts deems necessary.
  3. The Auditor of Accounts and his or her designee may at any time examine the records, accounts, books, papers, contracts, reports, and other materials of the county sheriff departments as they pertain to the financial transactions, obligations, assets, and receipts of that department. The Auditor or his or her designee shall conduct an audit of the accounts for a sheriff's department whenever the incumbent sheriff leaves office, and the auditor shall charge for the costs of the report pursuant to 32 V.S.A. § 168(b) .
  4. Annually, each sheriff shall furnish the Auditor of Accounts on forms provided by the Auditor a financial report reflecting the financial transactions and condition of the sheriff's department. The sheriff shall submit a copy of this report to the assistant judges of the county. The assistant judges shall prepare a report reflecting funds disbursed by the county in support of the sheriff's department and forward a copy of their report to the Auditor of Accounts. The Auditor of Accounts shall compile the reports and submit one report to the House and Senate Committees on Judiciary. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the required report to be made under this subsection.
  5. Biennially, according to a schedule established by the Auditor of Accounts, the Auditor shall retain a public accountant to conduct an audit of the financial systems, controls, and procedures within each department. The public accountant shall prepare a written report detailing the review of the department. A copy of this report shall be forwarded to the sheriff, assistant judges, and the Auditor of Accounts. The Auditor shall charge for the costs of the report pursuant to 32 V.S.A. § 168(b) .

    Amended 1991, No. 257 (Adj. Sess.), § 3, eff. July 1, 1993; 1993, No. 60 , § 55a; 2011, No. 139 (Adj. Sess.), § 18, eff. May 14, 2012; 2015, No. 131 (Adj. Sess.), § 5; 2019, No. 154 (Adj. Sess.), § E.130.1, eff. Oct. 2, 2020.

History

Amendments--2019 (Adj. Sess.). Subsec. (c): Added ", and the auditor shall charge for the costs of the report pursuant to 32 V.S.A. § 168(b)" at the end of the last sentence.

Subsec. (e): Subsection amended generally.

Amendments--2015 (Adj. Sess.). Subsec. (d): Added the fifth sentence.

Amendments--2011 (Adj. Sess.). Rewrote the section heading.

Subsec. (a): Repealed.

Subsec. (d): Substituted "house and senate committees on judiciary" for "general assembly" in the last sentence.

Amendments--1993. Subsec. (e): Inserted "auditor of accounts" following "administration" in the fourth sentence.

Amendments--1991 (Adj. Sess.). Subsec. (a): Inserted "and to the assistant judges for filing with the county clerk" preceding "on forms" in the first sentence.

Subsec. (b): Amended generally.

Subsec. (c): Added.

Subsec. (d): Added.

Subsec. (e): Added.

Amendments--1987 (Adj. Sess.). Subsec. (b): Substituted "adopt and sheriffs shall comply with" for "promulgate" preceding "a uniform" in the first sentence, inserted "reflecting funds received and disbursed by the department" following "prescribed accounts" in the third sentence, and added the fourth through seventh sentences.

Amendments--1987. Subsec. (a): Amended generally.

Subsec. (b): Inserted "full-time" preceding "deputy" and substituted "offices" for "office" following "virtue of their" in the first sentence, inserted "or her" preceding "authorized" in the second sentence, and substituted "the auditor" for "him" preceding "the prescribed" in the third sentence.

Amendments--1983 (Adj. Sess.). Subsec. (a): Inserted "and information support" following "finance" in the first sentence.

§ 291. Bond; oath.

Before entering upon the duties of his or her office, a sheriff shall become bound to the treasurer of the county in the sum of $100,000.00, with two or more sufficient sureties by way of recognizance, before the two assistant judges in such county, or give a bond to the treasurer executed by such sheriff with sufficient sureties in like sum to be approved by the two assistant judges, conditioned for the faithful performance of his or her duties and shall take the oath of office before one of the judges, who shall certify the same on the sheriff's commission. Such recognizance or bond and the commission shall be forthwith recorded in the office of the county clerk.

Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1991, No. 257 (Adj. Sess.), § 1; 2009, No. 154 (Adj. Sess.), § 176.

History

Source. V.S. 1947, § 3463. 1947, No. 202 , § 3485. P.L. § 3387. 1933, No. 157 , § 3157. G.L. §§ 3837, 3839. 1915, No. 1 , § 110. P.S. §§ 3341, 3343. 1906, No. 64 , § 1. 1902, No. 157 , § 1. V.S. §§ 2896, 2898. R.L. §§ 2574, 2576. G.S. 12, §§ 1, 2, 3. 1854, No. 19 . 1852, No. 21 . 1850, No. 62 , § 1. R.S. 11, § 3. R. 1797, p. 134, § 1. R. 1787, p. 138.

Amendments--2009 (Adj. Sess.) Inserted "or her" following "his" in two places, deleted "a justice of the supreme court or" preceding "the two assistant judges" and "of the superior court" thereafter, and "a justice of the supreme court or by" following "approved by" and "of the superior court" preceding "of the superior court" and substituted "the judges" for "such judges" in the first sentence.

Amendments--1991 (Adj. Sess.). Substituted "$100,000.00" for "$10,000.00" in the first sentence.

Amendments--1973 (Adj. Sess.). Substituted "superior court" for "county court".

Cross References

Cross references. Action on bond of sheriff, see 12 V.S.A. § 5246 et seq.

County to provide sheriff with adequate bond, see § 73 of this title.

Oath of allegiance and oath of office, see Vt. Const. Ch. II, § 56.

ANNOTATIONS

1. Constitutionality.

Act requiring that sheriff, before entering upon duties of his office, shall become bound, by way of recognizance, with surety, before the chief judge of the county court, or (in case of his absence or death) before one of the assistant judges, is constitutional and valid, though the Constitution provides that said recognizance shall be taken by the chief judge only. State Treasurer v. Kelsey, 4 Vt. 371 (1832).

§ 291a. Contracts.

  1. In the name of the sheriff's department, the sheriff may enter into written contracts with the State of Vermont, an agency of the United States, one or more towns within or without the county, or any nongovernmental entity, to provide law enforcement or other related services including security services, central dispatching for police, fire, or ambulance services, and centralized support services. Contracts between the sheriff's department and a town shall be valid if approved by the sheriff and by a majority of the selectboard of the town provided that funding has been approved by a duly warned annual or special town meeting.  Deputy sheriffs engaged in the performance of a contract shall be considered employees of the sheriff's department for all purposes, except that for purposes of determining eligibility for Social Security, employees under this section shall be considered county employees, provided however that the sheriffs' departments shall be responsible for employers' contributions.
  2. A contract made with a town to provide law enforcement or related services shall contain provisions governing the following subjects as best suit the needs of the parties:
    1. the services to be provided, including State statutes or town ordinances, or both, which are to be enforced;
    2. rates of compensation, allocation of expenses, total cost of contract, and methods of payment therefor;
    3. ownership of any property acquired under the contract in event of termination of the contract;
    4. the type, frequency, and information to be contained in reports submitted by the sheriff's department to the town;
    5. methods adopted to resolve disputes;
    6. the term of the contract shall specify the commencement and termination date of the services to be provided and provisions for renewal thereof; and
    7. such other items, not inconsistent with law, as may be agreed upon.
  3. A contract under this section may contain provisions for compensation to the sheriff for administration of the contract and related services. No compensation may be paid to a sheriff for administration of the contract or related services unless the contract sets forth in writing the rate or method of calculation for the compensation and a schedule of payment; provided that a sheriff's compensation for administration shall not exceed five percent of the contract. A sheriff's rate of compensation shall be at a rate equivalent to other employees of the department who provide similar services under the contract. Compensation to the sheriff shall be made in accordance with the schedule set forth in the contract but in no event may a sheriff be compensated for administration of the contract and related services unless the compensation is made in the same calendar year in which the revenue was received by the department under the contract.
  4. An agreement or contract for services between a sheriff's department and governmental or nongovernmental entity shall be in writing if the total cost of the contract or agreement exceeds $2,000.00 or the duration of the services provided exceeds ten working days or if the cumulative total of the contracts or agreements entered into by the sheriff's department and the same governmental or nongovernmental entity exceeds $2,000.00 or ten working days within a calendar year. Annually, the sheriff shall submit to the assistant judges for filing with the county clerk a report of all written contracts, categorized by the contracting party, services rendered, date of contract, and amount received.
  5. Each sheriff's department shall establish a procedure for all purchase contracts entered into by the department. The procedure shall be established in writing, filed with the assistant judges, and made available for public review. The written procedure shall also be forwarded to the Auditor of Accounts for use in the conduct of audits required under this chapter.

    Added 1977, No. 218 (Adj. Sess.), § 2; amended 1987, No. 121 , § 10; 1991, No. 257 (Adj. Sess.), § 2.

History

2016. In subsec. (a), in the first sentence deleted ", but not limited to," following "including" in accordance with 2013, No. 5 , § 4.

In subsec. (a), in the second sentence, substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Amendments--1991 (Adj. Sess.). Added subsecs. (c)-(e).

Amendments--1987. Subsec. (a): Rewrote the third sentence.

§ 292. Office vacant.

When such sheriff neglects to become so bound within 15 days from the beginning of his or her term of office, the office of sheriff shall be vacant.

History

Source. V.S. 1947, § 3464. P.L. § 3388. 1933, No. 157 , § 3158. G.L. § 3838. P.S. § 3342. V.S. § 2897. R.L. § 2575. G.S. 12, § 2. 1854, No. 19 , § 1. 1850, No. 62 , § 1.

§ 293. Duties.

A sheriff so commissioned and sworn shall serve and execute lawful writs, warrants, and processes directed to him or her, according to the precept thereof, and do all other things pertaining to the office of sheriff.

History

Source. V.S. 1947, § 3465. P.L. § 3389. G.L. § 3840. P.S. § 3344. V.S. § 2899. R.L. § 2577. G.S. 12, § 4. R.S. 11, § 4. R. 1797, p. 134, § 2. R. 1787, p. 139.

Cross References

Cross references. Collection of unpaid taxes by sheriff, see 32 V.S.A. § 5139.

Duty to assist health officer or board of health, see 18 V.S.A. § 617.

Duty to enforce liquor laws, see 7 V.S.A. § 659.

Service of process by sheriff, see 12 V.S.A. § 691 et seq.

ANNOTATIONS

Analysis

1. Arrest without warrant.

A sheriff is justified, without a warrant, in pursuing and arresting one whom he has reasonable cause to suspect of the commission of a felony. In re Huard, 125 Vt. 189, 212 A.2d 640 (1965).

2. Writ of execution.

Where person granted writ of execution gives constable the writ and specific instructions concerning the levy and what to levy upon, person granted the writ has the burden of proving constable was not influenced by the instructions where he claims failure or refusal to levy, and absent such a showing the constable is fully exonerated unless dereliction in performance of duty imposed by the limiting instructions is shown. Dowlings, Inc. v. Mayo, 137 Vt. 548, 409 A.2d 588 (1979).

Where law enforcement officer received writ of execution and letter stating writ should be served at named person's restaurant and if he refused to pay the writ should be satisfied from the receipts in the cash register of the restaurant, the officer had only a duty to levy pursuant to the letter and court trying action against officer for failure and refusal to satisfy the writ erroneously found that officer had duty to levy against such goods, chattels, and lands of debtor as he could find or levy upon the cash in the cash register. Dowlings, Inc. v. Mayo, 137 Vt. 548, 409 A.2d 588 (1979).

Where a judgment creditor informs the levying officer of existence and location of assets known to the creditor and gives the officer no further instructions, the officer must levy upon those assets or upon others; but where creditor gives officer specific instructions as to manner of levy and items to be seized, the officer must follow those directions when they are not in conflict with the law, and he is not bound to serve the writ in any other manner and ceases to be a public officer and becomes a private agent. Dowlings, Inc. v. Mayo, 137 Vt. 548, 409 A.2d 588 (1979).

Where plaintiff instructed defendant constable to levy against cash register receipts should person against whom execution was directed refuse to pay, plaintiff was not, in action claiming constable refused and failed to levy, entitled to mandamus commanding constable to levy against the goods, chattels, and lands of the person named in the execution, or against cash register receipts, as plaintiff had limited the duty of constable by limiting the levy instructions. Dowlings, Inc. v. Mayo, 137 Vt. 548, 409 A.2d 588 (1979).

Where plaintiff claiming failure and refusal to levy execution directed a levy upon cash register receipts should person levied against fail to pay, and in action against constable plaintiff failed to show there existed money in the cash register which belonged to person named in the writ and which could be levied against, constable could not be found in breach of his duty and mandamus would not be issued ordering him to serve the execution, nor was plaintiff entitled to damages. Dowlings, Inc. v. Mayo, 137 Vt. 548, 409 A.2d 588 (1979).

Where mandamus mandated that sheriff "and/or" constable serve writ of execution it was not specifically mandated, but directed to two persons in the alternative, and was not a clear order to a specific person and was in error. Dowlings, Inc. v. Mayo, 137 Vt. 548, 409 A.2d 588 (1979).

Cited. State v. Oren, 162 Vt. 331, 647 A.2d 1009 (1994); Huminski v. Rutland County Sheriff's Department, 211 F. Supp. 2d 520 (D. Vt. 2002).

Law review commentaries

Law review. Post-judgment executions in Vermont and sheriff's liability, see 2 Vt. L. Rev. 117 (1977).

§ 294. Sheriff imprisoned.

If a sheriff is confined in prison by legal process, his or her functions as sheriff shall be suspended. When the sheriff is released from imprisonment during his or her term of office, he or she shall file a certificate of his or her discharge signed by one of the judges of the Superior Court, in the office of the county clerk, and deliver a like certificate to the high bailiff. Thereupon he or she shall resume the powers and execute the duties of sheriff.

Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 177.

History

Source. V.S. 1947, § 3466. 1947, No. 202 , § 3488. P.L. § 3390. G.L. §§ 3848, 3849. P.S. §§ 3348, 3349. V.S. §§ 2903, 2904. R.L. §§ 2581, 2582. G.S. 12, §§ 32, 33. R.S. 11, §§ 31, 32. 1806, p. 138.

Amendments--2009 (Adj. Sess.) Substituted "the sheriff" for "he" preceding "is released" in the second sentence, and made gender neutral changes throughout the section.

Amendments--1973 (Adj. Sess.). Substituted "superior court" for "county court".

Cross References

Cross references. Service of precepts by deputies when sheriff is imprisoned, see 12 V.S.A. § 692.

§ 295. Repealed. 1971, No. 258 (Adj. Sess.), § 19.

History

Former § 295. Former § 295 relating to criminal process was derived from V.S. 1947, § 3467; P.L. § 3391; G.L. §§ 3841, 3842; 1908, No. 178 , §§ 2, 3 and amended by 1967, No. 368 (Adj. Sess.), § 1.

§ 296. Transportation of prisoners.

All commitments to a State correctional facility or to any other place named by the Commissioner of Corrections or committing court shall be made by any sheriff, deputy sheriff, State Police officer, police officer, or constable in the State, or the Commissioner of Corrections or his or her authorized agent.

Amended 1967, No. 345 (Adj. Sess.), § 18, eff. April 1, 1969; 1969, No. 33 , § 3, eff. April 1, 1969; 1989, No. 187 (Adj. Sess.), § 5; 1995, No. 174 (Adj. Sess.), § 3; 2007, No. 15 , § 19; 2011, No. 79 (Adj. Sess.), § 29a, eff. April 4, 2012.

History

Source. 1951, No. 64 . V.S. 1947, § 3468. P.L. § 3392. 1921, No. 90 , § 1. 1919, No. 93 , § 1. G.L. § 3843. 1917, No. 254 , § 3794. 1915, No. 215 . 1908, No. 178 , § 1.

Amendments--2011 (Adj. Sess.) Deleted "and mental patients" from the section catchline, "or state mental institution" preceding "or to any other place named by the commissioner of corrections" and "commissioner of mental health" thereafter.

Amendments--2007. Substituted "mental health" for "developmental and mental health services" and inserted "or her" following "his".

Amendments--1989 (Adj. Sess.). Inserted "and mental retardation" following "mental health".

Amendments--1969. Section amended generally.

Amendments--1967 (Adj. Sess.). Substituted "a state correctional facility" for "state prison, a house of correction, the Weeks School, the Vermont state hospital".

Amendments--1995 (Adj. Sess.) Substituted "commissioner of developmental and mental health services" for "commissioner of mental health and mental retardation".

§ 296a. Civil liability resulting from escaped prisoner.

A jailer or other officer who, through negligence, suffers a prisoner in his or her custody, convicted of or charged with a crime, to escape, shall be civilly liable to any person proximately damaged as a result thereof to the maximum amount of $500.00. A person so damaged may maintain a civil action therefor.

Added 1977, No. 233 (Adj. Sess.), § 5, eff. April 17, 1978.

§§ 297, 298. Repealed. 1967, No. 345 (Adj. Sess.), § 32, eff. April 1, 1969.

History

Former §§ 297, 298. Former § 297, relating to duties as to county jails, was derived from: V.S. 1947, § 3469; P.L. § 3393; 1933, No. 157 , § 3163; 1929, No. 135 , § 1; G.L. §§ 3850, 7246; P.S. §§ 3350, 6093; 1902, No. 129 , § 1; V.S. §§ 2905, 5278, 5279; 1884, No. 155 , § 1; R.L. §§ 2583, 4434; G.S. 11, § 10; G.S. 12, § 35; G.S. 121, §§ 1, 2; R.S. 10, § 4; R.S. 11, § 39; R.S. 103, §§ 1, 2; R. 1797, p. 136, § 4; R. 1797, p. 317, § 1; 1793, p. 55; R. 1787, p. 76, 141.

Former § 298, relating to monthly reports of prisoners in custody was derived from V.S. 1947, § 3470; P.L. § 3394; 1923, No. 36 , § 2; 1919, No. 93 , § 2.

§ 299. Duties as peace officer.

A sheriff shall preserve the peace, and suppress, with force and strong hand, if necessary, unlawful disorder. He or she may apprehend, without warrant, persons assembled in disturbance of the peace, and bring them before a Criminal Division of the Superior Court, which shall proceed with such person as with persons brought before it by process issued by such court.

Amended 1965, No. 194 , § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 78, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 238.

History

Source. V.S. 1947, § 3471. P.L. § 3395. 1933, No. 157 , § 3168. G.L. § 3853. 1908, No. 62 . P.S. § 3353. V.S. § 2908. R.L. § 2586. G.S. 12, § 10. R.S. 11, § 10. R. 1797, p. 136, § 5. R. 1787, p. 139.

Amendments--2009 (Adj. Sess.) Substituted "criminal division of the superior court" for "district court" in the second sentence.

Amendments--1973 (Adj. Sess.). Deleted "justice or" preceding "district court".

Amendments--1965. Substituted "district court" for "municipal court".

ANNOTATIONS

Cited. McLaughlin v. State, 161 Vt. 492, 642 A.2d 683 (1994).

§ 300. May require assistance.

A sheriff or other officer in the discharge of the duties of his or her office, for the preservation of the peace, or the suppression or prevention of any criminal matter or cause, may require suitable assistance.

History

Source. V.S. 1947, § 3472. P.L. § 3396. 1933, No. 157 , § 3169. G.L. § 3854. P.S. § 3354. V.S. § 2909. 1892, No. 90 , § 1. R.L. § 2587. G.S. 12, § 11. R.S. 11, § 11. R. 1797, p. 137, § 6. R. 1787, p. 139.

ANNOTATIONS

Analysis

1. Authority of sheriff.

Sheriff or other officer has no legal authority to command assistance to keep a prisoner, wantonly and from mere caprice. Smith v. Joiner, 1 D. Chip. 62 (1797).

2. Duty of citizen.

Every citizen is bound to assist a known officer in making an arrest when called upon so to do, nor is he bound to inquire into the regularity or legality of the process in the hands of the officer. McMahan v. Green, 34 Vt. 69 (1861).

3. Defenses of citizen.

Where defendant, at request of officer, assisted in making an illegal arrest, the request of the officer was a full justification to the defendant, and he was not liable for false imprisonment in assisting in making the arrest. McMahan v. Green, 34 Vt. 69 (1861).

§ 301. Penalty for refusal to assist.

A person being required in the name of the State by a sheriff, deputy sheriff, high bailiff, deputy bailiff, or constable, who neglects or refuses to assist the officer in the execution of his or her office, in a criminal cause, in the preservation of the peace, in the apprehension and securing of a person for a breach of the peace, in a search and seizure of alcohol as defined in 7 V.S.A. § 2 or in transporting the alcohol when seized, or in a case of escape or rescue of persons arrested on civil process, shall be fined not more than $500.00, unless the circumstances under which his or her assistance is called for amount to a riot, in which case he or she shall be imprisoned not more than six months or fined not more than $100.00, or both.

Amended 2017, No. 83 , § 157.

History

Source. V.S. 1947, § 3473. P.L. § 3397. G.L. § 7071. P.S. § 5930. V.S. § 5103. 1892, No. 90 , § 2. R.L. § 4285. G.S. 115, § 17. R.S. 97, § 17. R. 1797, p. 137, § 6. R. 1787, p. 33, 139.

Amendments--2017. Substituted "alcohol as defined in 7 V.S.A. § 2" for "intoxicating liquors" preceding "or in transporting" and "the alcohol" for "such liquors" thereafter.

§ 302. Power to search; return.

In the daytime, a sheriff may enter and search houses, buildings, or other places for a person for whose apprehension he or she has a warrant, issued in a criminal prosecution, a prosecution for bastardy, or on a bailpiece. He or she may so enter with a warrant or extent for the collection of taxes, or the collection of a fine, or with a warrant to search for goods or chattels stolen or purloined, when such property is supposed to be secreted therein. He or she shall not make return in any case that he or she cannot execute any such precept.

History

Source. V.S. 1947, § 3474. P.L. § 3398. G.L. § 3855. P.S. § 3355. V.S. § 2910. R.L. § 2588. G.S. 12, § 17. R.S. 11, § 17. R. 1797, p. 138, § 8. R. 1787, p. 140.

Reference in text. The reference to "a prosecution for bastardy" in this section is obsolete. 15 V.S.A. §§ 331-380, which authorized prosecution for bastardy, were repealed by 1983, No. 231 (Adj. Sess.), § 2(1), eff. May 14, 1984.

Cross References

Cross references. Issuance, contents, execution, and return of warrants, see Vt. Rules of Civil Procedure Rule 41.

Search and seizure regulated, see Vt. Const. Ch. I, Art. 11.

§ 303. Obstructing sheriff; penalty.

A person who refuses a sheriff entrance to his or her house or other buildings as provided in section 302 of this title, or threatens him or her or abuses him or her or his or her assistants before or after he or she has entered such buildings, or hinders him or her in any way in the execution of the warrants provided for in section 302, shall be fined not more than $200.00.

History

Source. V.S. 1947, § 3475. P.L. § 3399. G.L. § 3856. P.S. § 3356. V.S. § 2911. R.L. § 2589. G.S. 12, § 18. R.S. 11, § 18. R. 1797, p. 138, § 8. R. 1787, p. 140.

Cross References

Cross references. Impeding law enforcement office, see 13 V.S.A. § 3001.

§ 304. Liability for misfeasance of deputy.

Actions for official misfeasance or neglect of a deputy sheriff, or for cause affecting his or her administration of the office, shall be sustained only against the sheriff; but the sheriff shall not be amenable criminally for the conduct of his or her deputy, other than for fines for neglect of duty.

History

Source. V.S. 1947, § 3476. P.L. § 3400. G.L. § 3857. P.S. § 3357. V.S. § 2912. R.L. § 2590. G.S. 12, § 24. R.S. 11, § 24. R. 1797, p. 134, § 2.

Cross References

Cross references. Claims against sheriffs and deputy sheriffs, see 3 V.S.A. § 1101 et seq.

ANNOTATIONS

Analysis

1. Official acts.

Mere operation of automobile owned and controlled by deputy sheriff incidental to travel in service of process does not constitute official act referred to in section and sheriff is not liable for damages resulting to persons or property occasioned by the negligent operation of such vehicle by his deputy. 1946 Op. Atty. Gen. 300.

Deputy sheriff who acts entirely outside mandate of writ or execution held by him is guilty of more than official misfeasance or neglect, and is not entitled to benefits of this section. Commercial Credit Corp. v. Dusckett, 114 Vt. 450, 49 A.2d 106 (1946).

In order to hold sheriff liable for acts of his deputy under this section, it must be shown that deputy failed to perform his duty as deputy while acting, or undertaking to act, in his official capacity. Hunt v. Hill, 101 Vt. 311, 143 A. 307 (1928).

When deputy sheriff sold goods on execution, on a credit of three months, by direction of plaintiff's attorney, sheriff was not responsible for his neglect to return the execution as he did not act officially. Charles Kimball & Co. v. Perry, 15 Vt. 414 (1843).

2. Nonfeasance.

Deputy is not liable for a mere nonfeasance. Buck v. Ashley, 37 Vt. 475 (1865).

Trespass on the case for mere nonfeasance of deputy will only lie against sheriff. Abbott v. Kimball, 19 Vt. 551 (1847).

Distinction between liabilities of sheriff and that of his deputy to party injured is that, while each is liable for misfeasance, former, and not latter, is liable for nonfeasance of such deputy in duties of his office. Hutchinson v. Parkhurst, 1 Aik. 258 (1826).

3. Attached property.

Sheriff, but not deputy, is liable for loss of property attached by deputy and left in an unsafe and unsuitable place, where it was stolen. Buck v. Ashley, 37 Vt. 475 (1865).

Action for neglect of duty in not paying over money collected does not lie against a deputy sheriff, but against the sheriff only. Hutchinson v. Parkhurst, 1 Aik. 258 (1826).

4. Breach of promise.

Liability of sheriff for his deputy is for neglect of duties which the law requires to be done, and he is not liable for breach of a promise which deputy makes. Tomlinson v. Wheeler, 1 Aik. 194 (1826).

5. Defenses.

Fact that execution issued for less sum than that for which judgment was rendered was no defense for a sheriff whose deputy had collected it, in an action for not paying to the creditor the money so collected. Coburn v. Chamberlin, 31 Vt. 326 (1858).

Fact that action was not commenced until after both sheriff and deputy had gone out of office was not a defense. Coburn v. Chamberlin, 31 Vt. 326 (1858).

To exonerate the sheriff, creditor in the execution must do some act which releases deputy from doing his legal duty. Mason v. Ide, 30 Vt. 697 (1858).

In action against sheriff for default of his deputy in not taking bail, and for making false return in suit where deputy returned that he had taken "good and sufficient bail," deputy, having been duly released by sheriff, was competent witness to prove that plaintiff directed him not to take bail, and such direction was bar to action. Ordway v. Bacon, 14 Vt. 378 (1842).

§ 305. Not to appear as counsel, or make writ.

A sheriff or deputy sheriff shall not appear in any court as counsel, nor make a writ, complaint, answer, or other precept or process, except in his or her own cause. A writ, complaint, or other process herein prohibited made by him or her shall be dismissed and the defendant recover his or her costs.

History

Source. V.S. 1947, § 3477. P.L. § 3401. G.L. § 3858. P.S. § 3358. V.S. § 2913. R.L. § 2591. G.S. 12, §§ 25, 26. R.S. 11, §§ 25, 26. R. 1797, p. 141, § 12. R. 1787, p. 141.

Cross References

Cross references. Disqualification to serve process, see 12 V.S.A. § 694.

ANNOTATIONS

Analysis

1. Purpose.

This section is an absolute prohibition upon sheriffs and deputy sheriffs from making any writ whatever, except in their own case, by whomsoever it may be served. Walworth v. Farwell, 41 Vt. 212 (1868).

2. Persons prohibited.

Grand juror's complaint, written by deputy sheriff at request and in presence of grand juror, will be dismissed on motion, although deputy was justice who signed warrant and tried case. State v. Drew, 51 Vt. 56 (1878).

Provisions of this section do not extend to persons specially deputized by the authority signing the writ, and the person making a writ may be so deputized to serve it. Walworth v. Farwell, 41 Vt. 212 (1868).

Term "sheriff," as used in this section, may be regarded as generic, not specific, term, comprehending whole class of executive officers, whose duties are of like nature, and must be construed to include constables. Winchell v. Pond, 19 Vt. 198 (1847).

3. Writs.

This section applies to making of writ, in the common and ordinary meaning of term; and not to mere alteration of writ already perfect, which leaves it substantially same writ, between same parties, for same cause of action, and stated in same form. Hunt v. Viall, 20 Vt. 291 (1848).

4. Effect.

Writ filled up by constable was void, and dismissed by county court on motion, although the case came to that court by appeal, and defect was not seasonably taken advantage of by plea in abatement, and although writ was filled up by constable at request of attorney for plaintiff and under his supervision. Winchell v. Pond, 19 Vt. 198 (1847).

Execution not considered void because officer made out writ of attachment on which judgment was rendered, it being voidable only by judgment debtor. Sewell v. Harrington, 11 Vt. 141 (1839).

§ 306. Term of office.

A sheriff shall execute his or her official duties until his or her successor is qualified to act.

History

Source. V.S. 1947, § 3478. P.L. § 3402. G.L. § 3859. P.S. § 3359. V.S. § 2914. R.L. § 2592. G.S. 12, § 34. R.S. 11, § 33.

§ 307. Deputy sheriffs; appointments and revocation.

  1. A sheriff may appoint deputies who need not be legal residents of the State, one or more of whom shall be a woman. The duties of deputy sheriffs shall be the same as those imposed by law on sheriffs and other peace officers in the enforcement of the criminal law. A deputy shall not perform an official act until his or her deputation and oath are filed for record in the office of the county clerk. A sheriff may dismiss a deputy and revoke his or her deputation. Such revocation shall be recorded in the office of the county clerk and shall take effect from the day of such record.
  2. A sheriff may appoint persons as deputy sheriffs to serve civil process, including child support enforcement as provided in 15 V.S.A. § 800 , whom the sheriff shall train and supervise. Such deputies need not be qualified law enforcement officers, but if not so qualified shall not have arrest powers, and shall not carry firearms in performance of their duties in serving civil process.
  3. The powers of deputy sheriffs with respect to criminal matters and the enforcement of the law may be exercised statewide.

    Amended 1977, No. 218 (Adj. Sess.), § 4; 1987, No. 122 (Adj. Sess.), § 1, eff. Jan. 26, 1988; 2009, No. 146 (Adj. Sess.), § C20; 2013, No. 49 , § 4.

History

Source. V.S. 1947, § 3479. P.L. § 3403. 1933, S., No. 4, §§ 1, 2. 1923, No. 62 , § 1. G.L. § 3844, 3847. 1908, No. 81 , § 1. P.S. §§ 3345, 3347. V.S. §§ 2900, 2902. R.L. §§ 2578, 2580. G.S. 12, §§ 5, 7. R.S. 11, §§ 5, 7. R. 1797, p. 134, § 2. R. 1787, p. 141.

Amendments--2013. Subsec. (a): Deleted the former second and fourth sentences; inserted "who need not be legal residents of the State" in the first sentence; deleted "such special" preceding "deputy sheriffs" in the second sentence; deleted "or such special deputy" following "a deputy" in the third and fourth sentences; and made a gender neutral change.

Subsec. (c): Deleted "and special deputy sheriffs" following "deputy sheriffs".

Amendments--2009 (Adj. Sess.) Subsec. (b): Inserted "including child support enforcement as provided in 15 V.S.A. § 800" and substituted "the sheriff" for "he" preceding "shall train".

Amendments--1987 (Adj. Sess.). Subsec. (c): Added.

Amendments--1977 (Adj. Sess.). Designated existing provisions of existing section as subsec. (a) and added subsec. (b).

ANNOTATIONS

Analysis

1. Status of deputy.

Official acts of deputy sheriff are deemed to be the acts of the sheriff. In re Huard, 125 Vt. 189, 212 A.2d 640 (1965).

Under statutes deputy sheriff is recognized as public officer, and is not merely process server, but also peace officer. Gross v. Gates, 109 Vt. 156, 194 A. 465 (1937).

Portion of sovereign authority of State is entrusted to deputy sheriff, and his duties are performed in execution of law, in exercise of power and authority bestowed by law. Gross v. Gates, 109 Vt. 156, 194 A. 465 (1937).

2. Record of deputation.

Where deputy sheriff took oath of office, and left his deputation and oath with county clerk who did not record it for several months, the record must be deemed to exist from time instrument was lodged for record, and officer was authorized to act as deputy sheriff, and had competent authority to act as such, from time he so left his deputation bona fide for record. Ferris v. Smith, 24 Vt. 27 (1851).

3. Incompatible offices.

Duly appointed deputy sheriff was de facto officer and his acts in serving process in civil action were valid as between parties thereto, as against claim that he was disqualified to serve process, and hence that court was without jurisdiction of action, because he held incompatible offices of deputy clerk, deputy sheriff, and attorney. Rounds v. McGeown, 110 Vt. 185, 3 A.2d 547 (1938).

4. Jurisdiction.

Deputy sheriff who had completed training requirements established for deputy sheriffs had jurisdiction to make out-of-county arrest. State v. Beattie, 157 Vt. 162, 596 A.2d 919 (1991).

A deputy sheriff has state-wide jurisdiction to make an arrest. In re Huard, 125 Vt. 189, 212 A.2d 640 (1965).

§ 308. Deputy sheriffs; no compensation for appointment; penalty.

  1. A sheriff shall not ask of or receive from his or her deputies any pay, compensation or reward by way of deputation fee, or otherwise, for such appointments.
  2. A sheriff who violates a provision of this section shall be fined not more than $200.00 nor less than $50.00.

    Amended 2017, No. 74 , § 69.

History

Source. V.S. 1947, § 3480. P.L. § 3404. G.L. § 3845. 1908, No. 81 , §§ 1, 2. P.S. § 3345. V.S. § 2900. R.L. § 2578. G.S. 12, § 5. R.S. 11, § 5. R. 1797, p. 134, § 2. R. 1787, p. 141.

Amendments--2017. Inserted "Deputy sheriffs;" preceding "no" in the section heading and added the subsec. (a) and (b) designations.

ANNOTATIONS

1. Enforcement of agreements.

Promissory note, given for gross sum agreed to be paid by deputy sheriff to sheriff as price of his appointment as deputy, was illegal, and no action could be sustained upon it. Ferris v. Adams, 23 Vt. 136 (1851).

§ 309. Bonds of deputies; liability of sheriff; deputy's powers and duties.

A sheriff shall be liable for the official acts and neglects of his or her deputies, and may take bonds of indemnity from them. Such deputies may, and when required, shall perform any official duty which may be required of the sheriff. Returns of their acts and doings shall be signed by them as deputy sheriffs, and their official acts shall be deemed to be the acts of the sheriff.

History

Source. V.S. 1947, § 3481. P.L. § 3405. G.L. § 3846. P.S. § 3346. V.S. § 2901. R.L. § 2579. G.S. 12, § 6. R.S. 11, § 6. R. 1797, p. 134, § 2. R. 1787, p. 141.

ANNOTATIONS

Analysis

1. Official acts and neglects.

Even though deputy was convicted of neglect of duty for lewd and lascivious conduct while assigned to patrol duty, the sheriff could not be held liable to plaintiff for misconduct of the deputy under this section. Doe v. Forrest, 176 Vt. 476, 853 A.2d 48 (2004).

Seizure by officer of property under writ against another is official malfeasance, and if such seizure is made by deputy sheriff, sheriff is liable therefor. Lyman v. Holmes, 88 Vt. 431, 92 A. 829 (1914).

Where deputy sheriff, in whose hands an original execution had been placed in season to charge property attached on the writ, attempted but negligently failed to procure an alias execution within life of original, whatever obligation deputy assumed by undertaking such service was personal and not official, and sheriff was not liable for such neglect. Cowdery v. Smith, 50 Vt. 243 (1877).

When deputy sheriff sold goods on execution, on a credit of three months, by direction of plaintiff's attorney, sheriff was not responsible for his neglect to return the execution, as he did not act officially. Charles Kimball & Co. v. Perry, 15 Vt. 414 (1843).

Sheriff is liable for official neglect of his deputy, but not for performance of any unofficial contract he may make. Wetherby v. Foster, 5 Vt. 136 (1832).

Liabilities of sheriff for his deputy are those which law imposes, and are for neglect of duties which law requires to be done and he is not liable for breach of promises, which deputy makes. Tomlinson v. Wheeler, 1 Aik. 194 (1826).

2. Effect of termination of office.

Ex-sheriff responsible for neglect of deputy after latter ceased to be his deputy and became the deputy of his successor in office. Stimpson v. Pierce, 42 Vt. 334 (1869).

It is no defense that action for default was not commenced until after both sheriff and deputy had gone out of office. Coburn v. Chamberlin, 31 Vt. 326 (1858).

3. Acts deemed those of sheriff.

Acts of deputy are to be regarded as acts of the sheriff, not in sense of either agency or identity, but rather in sense of official relation and of responsibility cast by law upon sheriff for acts of his deputy; not in sense that what deputy does is done by sheriff, but that, for what he does sheriff is made responsible as if he had officially done same thing. Flanagan v. Hoyt, 36 Vt. 565 (1864).

Acts of deputy sheriff held to be acts of sheriff; and sheriff alone could sue or be sued for acts done in the execution of his office. Smith v. Joiner, 1 D. Chip. 62 (1797).

4. Attachment of property.

Where property was attached in favor of several creditors and judgments and execution were had by all but one which was pending, sheriff was responsible that any surplus remaining in hands of deputy be held by him under attachment in suit in which judgment had not yet been recovered, that deputy deliver it up on demand under execution on judgment in said suit, if one was obtained and, if not, that he restore it to the debtor. Stimpson v. Pierce, 42 Vt. 334 (1869).

Sheriff was responsible for proceeds of property attached by his deputy, and by direction of parties sold on credit, where such proceeds came into hands of deputy before judgment recovered. Seaver v. Pierce, 42 Vt. 325 (1869); Stimpson v. Pierce, 42 Vt. 334 (1869).

Deputy sheriff who attached property on writ cannot be charged with neglect in not keeping it and delivering it over on execution, unless execution was seasonably delivered to him, or demand made of him by officer having execution; and want of such demand is not excused where officer delivered property to debtor, who removed from county therewith. Jameson v. Macon, 12 Vt. 599 (1839).

Attachment made by sheriff's deputy is the same as if made by him, and the lien is preserved by delivering execution to sheriff. Ayer v. Jameson, 9 Vt. 363 (1837).

When property is attached by sheriff's deputy, delivery of execution to another deputy of same sheriff, and informing latter deputy of attachment, equally supports creditor's lien, act of each deputy being in a civil point of view acts of sheriff himself. Bliss v. Stevens, 4 Vt. 88 (1831).

If deputy sheriff delivers personal property attached by him to person knowing situation of property and who undertakes merely to redeliver it on demand, sheriff may claim to have made the bailment himself and may maintain action in his own name against bailee to recover value of property so delivered to him. Davis v. Miller, 1 Vt. 9 (1826).

5. Damages.

In action against sheriff for default of his deputy in levying an execution on real estate, measure of damages is actual value of real estate lost by void levy, and not amount agreed upon by appraisers as shown by officer's return. Parker v. Peabody, 56 Vt. 221 (1883).

6. Defenses.

Where county court rendered judgment for more than ad damnum in writ, such judgment, though erroneous, is not void; and error is not bar to action brought against sureties on the bond of deputy sheriff who failed to perform his duty in serving writ. Chaffee v. Hooper, 54 Vt. 513 (1881).

Fact that execution issued for less sum than that for which judgment was rendered constituted no defense for sheriff who collected it, either by himself or his deputy, in an action for not paying creditor money so collected. Coburn v. Chamberlin, 31 Vt. 326 (1858).

No action can be sustained by execution creditor against sheriff for default of his deputy in not paying to creditor avails of property sold upon execution, where property was sold upon credit by direction of creditor, or where such directions were given by those who were interested, as sureties, in having property sold, and were subsequently ratified by creditor. Bellows v. Administrator of Allen, 23 Vt. 169 (1851).

Where creditor gave instructions to deputy sheriff and deputy was influenced thereby, sheriff was not liable for his conduct in regard to matter. Strongs v. Bradley, 14 Vt. 55 (1842).

Where deputy sheriff had authority from creditor to manage an execution committed to his charge according to his discretion, sheriff was discharged of his liability for official neglect of such deputy. Fletchers v. Bradley, 12 Vt. 22 (1840).

7. Evidence.

In action against sheriff for default of deputy in not levying execution, it was competent for defendant to show by deputy what instructions deputy received from complaining party or his attorney as to serving execution, and what he did in obedience to such instructions. Cowdery v. Smith, 50 Vt. 235 (1877).

In action against sheriff for default of deputy in not paying over to party entitled proceeds of sale of property attached by deputy, evidence that action in which attachment and sale was made was instituted by parties to it for purpose of enabling defendant therein to defraud his creditors, was not admissible, as sheriff was accountable for default in such case. Seaver v. Pierce, 42 Vt. 325 (1869).

In action against sheriff for neglect of deputy in not executing and returning execution, evidence of existing agreement between creditor and deputy that he was to furnish deputy with business, and that deputy, among other things, was not to commit to jail any debtors in execution, unless by express order of creditor, was admissible. Downer v. Bowen, 12 Vt. 452 (1840).

8. Jurisdiction.

A deputy sheriff has state-wide jurisdiction to make an arrest. In re Huard, 125 Vt. 189, 212 A.2d 640 (1965).

Cited. State v. Oren, 162 Vt. 331, 647 A.2d 1009 (1994).

§ 310. Repealed. 2013, No. 49, § 5.

History

Former § 310. Former § 310, relating to deputy sheriffs and uniforms, was derived from 1967, No. 368 (Adj. Sess.), § 2.

§ 311. Training requirements.

No person may receive an appointment as a deputy sheriff unless he or she has been awarded a certificate by the Executive Director of the Criminal Justice Training Council attesting to his or her satisfactory completion of an approved basic training program, except as provided in section 307(b) of this title.

Added 1971, No. 7 , § 2, eff. July 1, 1971; amended 1977, No. 218 (Adj. Sess.), § 6.

History

Amendments--1977 (Adj. Sess.). Section amended generally.

Cross References

Cross references. Criminal Justice Training Council generally, see 20 V.S.A. § 2351 et seq.

ANNOTATIONS

Analysis

1. Certificate.

Where the victim of defendant's assault was a deputy sheriff whose certificate of appointment to that office stated that he had attended a 36-hour course in police instruction, defendant could be found guilty under 13 V.S.A. § 1028, rendering the offense of simple assault a more serious crime carrying greater penalties when committed upon a law enforcement officer performing a lawful duty, since even though the officer's certificate did not state that he had completed the training course as required by this section, governing appointment of deputy sheriffs, he was a de facto officer and not a party to the action. State v. Mitchell, 142 Vt. 517, 458 A.2d 1089 (1983).

2. Jurisdiction.

Deputy sheriff who had completed training requirements established for deputy sheriffs had jurisdiction to make out-of-county arrest. State v. Beattie, 157 Vt. 162, 596 A.2d 919 (1991).

§ 312. Jurisdiction of sheriffs.

The powers of sheriffs with respect to criminal matters and the enforcement of the law may be exercised statewide.

Added 1987, No. 122 (Adj. Sess.), § 2, eff. Jan. 26, 1988; amended 1991, No. 257 (Adj. Sess.), § 5; 2015, No. 2 , § 3, eff. March 12, 2015.

History

Amendments--2015. Section amended generally.

Amendments--1991 (Adj. Sess.). Subsec. (b): Inserted "or part-time" following "full-time".

ANNOTATIONS

1. Deputy sheriffs.

The term "sheriff" in this section does not encompass deputy sheriffs. State v. Beattie, 157 Vt. 162, 596 A.2d 919 (1991).

Subchapter 6. High Bailiff

Cross References

Cross references. Election of high bailiffs, see Vt. Const. Ch. II, § 43.

§ 331. Oath; bond.

Before entering upon the duties of his or her office, a high bailiff shall be sworn and give a bond such as may be required by the assistant judges. The cost of such bond shall be paid by the county.

History

Source. V.S. 1947, § 3482. 1943, No. 37 , § 1. P.L. § 3406. G.L. § 3860. P.S. § 3360. V.S. § 2916. R.L. § 2594. G.S. 12, § 40. R.S. 11, § 41. R. 1797, p. 142, § 17. 1793, p. 58.

Cross References

Cross references. Action on bond of high bailiff, see 12 V.S.A. § 5246 et seq.

Oath of office, see Vt. Const. Ch. II, § 56.

§ 332. Powers and duties.

A high bailiff may serve writs which the sheriff is incompetent to serve, and his or her fees shall be the same as those of the sheriff.

History

Source. V.S. 1947, § 3483. P.L. § 3407. G.L. § 3862. P.S. § 3362. V.S. § 2918. R.L. § 2569. G.S. 12, §§ 41, 43. R.S. 11, §§ 42, 44. 1819, p. 14. R. 1797, p. 142, § 17.

Cross References

Cross references. Fees of sheriff's departments, see 32 V.S.A. § 1591 et seq.

§ 333. Confinement of sheriff; vacancy.

A high bailiff by virtue of a writ or other process directed to him or her against the sheriff may commit the sheriff to the Commissioner of Corrections. While the sheriff remains in confinement, or in case of vacancy in the office, the functions of the sheriff shall be exercised by the high bailiff, who shall have the powers and be subject to the liabilities of a sheriff until the sheriff is released from confinement or one is appointed and sworn into office.

1971, No. 199 (Adj. Sess.), § 17, eff. July 1, 1972.

History

Source. V.S. 1947, § 3484. P.L. § 3408. G.L. § 3863. P.S. § 3363. V.S. § 2919. R.L. § 2597. G.S. 12, §§ 44, 45, 46. R.S. 11, §§ 45, 46, 47. 1806, p. 138. R. 1797, p. 142, § 17. 1793, p. 57.

Revision note. Phrase "confine the sheriff in the county jail" was changed to "commit the sheriff to the commissioner of corrections" pursuant to 1971, No. 199 (Adj. Sess.), § 17.

ANNOTATIONS

Analysis

1. Bail bond for sheriff.

High bailiff has power, when sheriff is committed to jail on execution, to take of him jail bond for liberties of prison, and on breach thereof, to assign same to creditor. Denton v. Adams, 6 Vt. 40 (1834).

2. Compensation.

When high bailiff assumes all functions and liabilities of sheriff on office becoming vacant, such high bailiff immediately becomes entitled to same compensation and expenses as received by sheriff. 1956-58 Op. Atty. Gen. 45.

Subchapter 7. State's Attorney

Cross References

Cross references. Claims against State's Attorney, see 3 V.S.A. § 1101 et seq.

Election of State's Attorneys, see Vt. Const. Ch. II, §§ 43, 50, and 53.

Salaries of State's Attorneys, see 32 V.S.A. § 1183.

Victim advocates, see 13 V.S.A. § 5306.

§ 361. General duties.

  1. A State's Attorney shall prosecute for offenses committed within his or her county, and all matters and causes cognizable by the Supreme and Superior Courts on behalf of the State, file informations and prepare bills of indictment, deliver executions in favor of the State to an officer for collection immediately after final judgment, taking duplicate receipts therefor, one of which shall be sent to the Commissioner of Finance and Management, and take measures to collect fines and other demands or sums of money due to the State or county.
  2. Part-time State's Attorneys may represent private clients in Superior Court or the Supreme Court on the question of compensation in highway condemnation cases under the provisions of 19 V.S.A. chapter 5, in those cases where the condemned land is located in any county other than that county in which the State's Attorney was elected.

    Amended 1959, No. 328 (Adj. Sess.), § 8(c); 1965, No. 194 , § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1969, No. 131 , § 24, eff. April 23, 1969; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1975, No. 33 , § 1, eff. April 11, 1975; 1983, No. 195 (Adj. Sess.), § 5(b); 2009, No. 154 (Adj. Sess.), § 178.

History

Source. V.S. 1947, § 3485. P.L. § 3409. G.L. § 3902. 1917, No. 354 , § 3853. P.S. § 3401. V.S. § 2955. R.L. § 2631. G.S. 12, § 50. R.S. 11, § 49. R. 1797, p. 577, § 1. 1795, p. 5. R. 1787, p. 23.

Revision note. Substituted "commissioner of finance" for "finance director" to conform reference to new title and reorganization of State government. See 3 V.S.A. § 2201 et seq.

Substituted "commissioner of finance and management" for "commissioner of finance and information support" in light of Executive Order No. 35-87.

Amendments--2009 (Adj. Sess.) Subsec. (a): Inserted "or her" following "within his" and substituted "supreme and superior courts" for "supreme, superior and district courts".

Amendments--1983 (Adj. Sess.). Subsec. (a): Inserted "and information support" following "commissioner of finance".

Amendments--1975. Designated existing provisions of section as subsec. (a) and added subsec. (b).

Amendments--1973 (Adj. Sess.). Substituted "superior court" for county court".

Amendments--1969. Omitted reference to costs.

Amendments--1965. Substituted "district court" for "municipal court".

Amendments--1959 (Adj. Sess.). Substituted "finance director" for "auditor of accounts".

Cross References

Cross references. State's Attorney to forward notice of alleged consumer fraud to Consumer Protection Division of the Attorney General's Office, see 9 V.S.A. § 2462.

ANNOTATIONS

Analysis

1. Constitutional law.

That State Constitution mentioned State's Attorneys when Constitution provided date for their election and the terms to be served did not make the powers and prerogatives of a State's Attorney constitutional functions that could not be taken away except by constitutional amendment, for the powers of State's Attorneys are set forth in the statutes, not the Constitution. State's Attorney v. Attorney General, 138 Vt. 10, 409 A.2d 599 (1979).

2. Prosecution of offenses .

Office of State's Attorney has broad discretion in deciding whether to initiate a criminal prosecution, and a decision not to prosecute is entitled to great deference; however, if the circumstances change and the State's Attorney or his successor is convinced that prosecution is warranted, a prosecution may be had. State's Attorney v. Attorney General, 138 Vt. 10, 409 A.2d 599 (1979).

*3. Concurrent authority.

This section, 3 V.S.A. § 152, authorizing the Attorney General to represent the State in criminal matters and providing that he shall have the same authority throughout the State as a State's Attorney, and 3 V.S.A. § 153, providing that the Attorney General has supervisory powers over criminal prosecutions and advisory powers with respect to State's Attorneys in matters, relating to that office, give the two offices at least equal authority to initiate criminal prosecutions. State's Attorney v. Attorney General, 138 Vt. 10, 409 A.2d 599 (1979).

Where a State's Attorney decides not to initiate a criminal prosecution, the sovereign power of the State to punish for crimes has not been set in motion in the first instance by an agency of the State authorized to do so, and an equal prosecutorial authority, such as the Attorney General in instant case, may initiate a criminal prosecution. State's Attorney v. Attorney General, 138 Vt. 10, 409 A.2d 599 (1979).

Where Attorney General initiated prosecution for driving while intoxicated after State's Attorney had declined to do so, the State's Attorney had not preempted the field and the Attorney General did not supersede, displace, or interfere with the State's Attorney's decision, as Attorney General was validly exercising equal authority under law. State's Attorney v. Attorney General, 138 Vt. 10, 409 A.2d 599 (1979).

In action for taking tools commenced in name of State solely by direction of a State officer and prosecuted, not by State's Attorney, but by counsel employed by that officer, action was properly brought in name of State, and by proper authority, and defendant could not object that it was not prosecuted by State's Attorney. State v. Bradish, 34 Vt. 419 (1861).

*4. Sentencing recommendations.

Disclosure to court of proposed recommendation as previously discussed by prosecutor with counsel for respondent was consistent with prosecutor's duty to insure that public faith was not compromised to disadvantage of either respondent or State. In re Garceau, 125 Vt. 185, 212 A.2d 633 (1965).

5. Informations.

Prosecution of accused on an information issued by State's Attorney on his oath of office alone without accompanying affidavit, or showing before magistrate, demonstrating that facts were present constituting probable cause to charge accused was not a denial of due process. In re Morris, 126 Vt. 297, 229 A.2d 244 (1967).

State's Attorneys have authority to bring persons accused of crimes before justices of the peace by information and cause them to be bound up for trial by county court; and recognizance, conditioned for appearance in county court of person bound over by justice of peace upon information of State's Attorney, is valid. Treasurer of Vermont v. Brooks, 23 Vt. 698 (1851).

6. Indictments.

It is improper for court to prepare indictment and present it to grand jury; that duty by statute is placed upon State's Attorney. State v. Frotten, 114 Vt. 410, 46 A.2d 921 (1946).

7. Discharge of prisoners.

State's Attorney may discharge from arrest one who is held upon warrant issued in prosecution of which he has charge. Kent v. Miles, 68 Vt. 48, 33 A. 768 (1895).

8. Judicial authority.

State's Attorneys do not possess authority to adjudicate legal rights. Gould v. Parker, 114 Vt. 186, 42 A.2d 416 (1945).

9. Civil matters.

Duties and authority of State's Attorneys are not limited to criminal matters, although this is the area in which they most commonly function. 1964-66 Op. Atty. Gen. 315.

10. Civil liability.

A State's Attorney is immune from civil liability for acts done in performance of his official duties. Zera v. Tepper, 358 F. Supp. 963 (D. Vt. 1973).

State's Attorney was not civilly liable where criminal process involved was regularly issued and the factual allegations displayed no straying from official function as to put the action of the State's Attorney outside the protection of his judicial role. Polidor v. Mahady, 130 Vt. 173, 287 A.2d 841 (1972).

Cited. In re J.S., 140 Vt. 230, 1970-72 Op. Atty. Gen. 434 (1981); Levinsky v. Diamond, 151 Vt. 178, 559 A.2d 1073 (1989).

§ 362. Full-time State's Attorneys; private law practice.

Elected State's Attorneys shall devote full time to their duties and during their terms shall not engage in the private practice of law nor be a partner or associate of any person practicing law. The State's Attorneys of Essex and Grand Isle Counties shall not serve on a full-time basis and shall not be subject to this section.

Added 1967, No. 164 , § 3, operative on Feb. 1, 1969; amended 1967, No. 363 (Adj. Sess.), § 6, eff. Feb. 1, 1969; 1969, No. 266 (Adj. Sess.), § 6, eff. April 8, 1970; 1971, No. 120 , § 48, eff. July 1, 1971; 1971, No. 260 (Adj. Sess.), § 32; 1977, No. 63 , § 1, eff. April 23, 1977; 2009, No. 156 (Adj. Sess.), § E.205.

History

Amendments--2009 (Adj. Sess.) Added "Elected" preceding "state's" and deleted "and all full-time deputy state's attorneys" preceding "shall devote" in the first sentence and deleted the former second sentence.

Amendments--1977. Provided for the State's Attorney of Lamoille County to serve on a full-time basis.

Amendments--1971 (Adj. Sess.). Section amended generally.

Amendments--1971. Added Caledonia County to list and added provisions relating to assistance to municipality or planning agency.

Amendments--1969 (Adj. Sess.). Added "Bennington" and "Franklin" counties, substituted "deputy" for "special assistant", and prohibited private practice of law.

Amendments--1967 (Adj. Sess.). Substituted "full-time special assistant state's attorneys" for "full time deputy state's attorney"; omitted "they may engage in such other practice of law as will not interfere with their official duties."

Prior law. 24 V.S.A. § 361a.

§ 363. Deputy State's Attorneys.

  1. A State's Attorney may appoint as many deputy State's Attorneys as necessary for the proper and efficient performance of his or her office and may remove them at pleasure.
  2. The pay for deputy State's Attorneys shall be fixed by the Executive Director of the Department of State's Attorneys and Sheriffs or through collective bargaining pursuant to 3 V.S.A. chapter 27, but it shall not exceed the pay of the State's Attorney making the appointment. Deputy State's Attorneys shall be compensated only for periods of actual performance of the duties of the office. Deputy State's Attorneys shall be reimbursed for their necessary expenses incurred in connection with their official duties when approved by the State's Attorneys and the Commissioner of Finance and Management.
  3. Deputy State's Attorneys shall exercise all the powers and duties of the State's Attorneys except the power to designate someone to act in the event of their own disqualification.
  4. Deputy State's Attorneys may not enter upon the duties of the office until they have taken the oath or affirmation of allegiance to the State and the oath of office required by the Constitution, and until the oath together with their appointment is filed for record with the county clerk. If appointed and under oath, a deputy State's Attorney may prosecute cases in another county if the State's Attorney in the other county files the deputy's appointment in the other county clerk's office. In case of a vacancy in the office of State's Attorney, the appointment of the deputy shall expire upon the appointment of a new State's Attorney.

    Amended 1959, No. 253 , eff. June 11, 1959; 1959, No. 328 (Adj. Sess.), § 8(c); 1967, No. 363 (Adj. Sess.), §§ 1, 2, eff. March 27, 1968; 1969, No. 266 (Adj. Sess.), § 7, eff. April 8, 1970; 1971, No. 120 , § 49; 1971, No. 260 (Adj. Sess.), § 33; 1983, No. 195 (Adj. Sess.), § 5(b); 2009, No. 58 , § 24; 2017, No. 81 , § 12, eff. June 15, 2017.

History

Source. V.S. 1947, § 3486. 1939, No. 60 . P.L. § 3409. G.L. § 3902. 1917, No. 254 , § 3853. P.S. § 3401. V.S. § 2955. R.L. § 2631. G.S. 12, § 50. R.S. 11, § 49. R. 1797, p. 577, § 1. 1795, p. 5. R. 1787, p. 23.

Revision note. Substituted "commissioner of finance" for "finance director" to conform reference to new title and reorganization of State government. See 3 V.S.A. § 2201 et seq.

Substituted "commissioner of finance and management" for "commissioner of finance and information support" in light of Executive Order No. 35-87.

Amendments--2017. Added the subsec. (a) through (d) designations; in subsec. (a), deleted "and with the approval of the Governor, fix their pay not to exceed that of the State's Attorney making the appointment" following "his or her office"; in subsec. (b), added the first sentence; and in subsec. (d), substituted "the" for "such" preceding "oath together" in the first sentence.

Amendments--2009. Inserted "or her" following "his" in the first sentence and added the sixth sentence.

Amendments--1983 (Adj. Sess.). Inserted "and information support" following "commissioner of finance".

Amendments--1971 (Adj. Sess.). Section amended generally.

Amendments--1971. Subsec. (b): Omitted provisions relating to salary of Chittenden County deputy State's Attorneys.

Amendments--1969 (Adj. Sess.). Subsec. (a): Omitted "other than full-time assistant state's attorneys" and requirement that deputy State's Attorneys be residents of county where acting.

Subsec. (b): Amended generally.

Amendments--1967 (Adj. Sess.). Amended subsec. (a) generally, redesignated former subsec. (b) as subsec.(c), and added a new subsec. (b).

Amendments--1959 (Adj. Sess.). Substituted "finance director" for "auditor of accounts."

Amendments--1959. Section amended generally.

Prior law. 24 V.S.A. § 362.

Cross References

Cross references. Oath of allegiance and oath of office, see Vt. Const. Ch. II, § 56.

ANNOTATIONS

Analysis

1. Powers and duties.

Legislature did not intend that nonattorney employees of Office of Child Support prosecute reciprocal enforcement of support (URESA) cases on behalf of State's Attorneys; rather, Legislature placed sole responsibility for dealing with URESA cases on Vermont's State's Attorneys. McSweeney v. McSweeney, 159 Vt. 629, 618 A.2d 1332 (mem.) (1992).

A special or deputy prosecutor appointed under this section is bound by the same standards of conduct and vested with the same power as the duly elected State's Attorney. State v. Mayer, 129 Vt. 564, 283 A.2d 863 (1971).

Deputy State's Attorney had authority under this section to sign information, so that information was not invalid for failure of elected principal State's Attorney to sign it. State v. Mayer, 129 Vt. 564, 283 A.2d 863 (1971).

2. Filing appointment and oath.

Where deputy State's Attorney did not file her appointment and oath with county clerk as required by this section, she could not justify her acts as such in any suit to which she was a party, but she was a de facto officer, and not a party to proceeding for termination of parental rights in children, and petition she signed was sufficient to confer jurisdiction upon the court. In re G. V., 136 Vt. 499, 394 A.2d 1126 (1978).

§ 364. Investigator.

    1. A State's Attorney may appoint an investigator and, with the approval of the Governor, shall fix the investigator's pay not to exceed that of a noncommissioned officer of the Department of Public Safety, and may remove the investigator at will. (a) (1)  A State's Attorney may appoint an investigator and, with the approval of the Governor, shall fix the investigator's pay not to exceed that of a noncommissioned officer of the Department of Public Safety, and may remove the investigator at will.
    2. An investigator shall be reimbursed for necessary expenses incurred in connection with his or her official duties when approved by the State's Attorney and the Commissioner of Finance and Management.
    3. Investigators shall take part in the investigation of crime, the detection of persons suspected of committing crimes, the preparation of any criminal cause for trial, and other tasks related to the office of the State's Attorney.
    4. No person may be appointed as an investigator unless he or she has had appropriate experience in investigative work for a period of not less than two years, including employment as a private detective or a law enforcement officer, or has successfully completed a course of training under 20 V.S.A. chapter 151.
  2. A person appointed as an investigator who has obtained certification as a Level II or Level III law enforcement officer under the provisions of 20 V.S.A. § 2358 shall have the same powers as sheriffs in criminal matters and the enforcement of the law and in serving criminal process, and shall have all the immunities and matters of defense now available or hereafter made available to sheriffs in a suit brought against them in consequence for acts done in the course of their employment.

    Added 1959, No. 299 , § 1; amended 1967, No. 368 (Adj. Sess.), § 3, eff. March 27, 1968; 1969, No. 266 (Adj. Sess.), § 8, eff. April 8, 1970; 1971, No. 120 , § 50, eff. July 1, 1971; 1973, No. 77 , § 55, eff. July 1, 1973; 1981, No. 108 , § 327; 1989, No. 297 (Adj. Sess.), § 1; 1995, No. 123 (Adj. Sess.), § 8, eff. June 6, 1996; 2003, No. 156 (Adj. Sess.), § 15; 2007, No. 7 , § 7; 2013, No. 141 (Adj. Sess.), § 18, eff. July 1, 2015.

History

Source. V.S. 1947, § 3487. 1947, No. 42 , § 1. P.L. § 3410. 1933, No. 39 , § 1. 1927, No. 54 , § 1. 1925, No. 13 , § 1. G.L. § 3903. P.S. § 3402. V.S. § 2956. 1894, No. 76 .

2013. In subsec. (a), in the last sentence, deleted "but not limited to" following "including" in accordance with 2013, No. 5 , § 4.

Revision note - Section catchline was added by the editors.

Substituted "Commissioner of Finance and Management" for "commissioner of finance and information support" in light of Executive Order No. 35-87.

Amendments--2013 (Adj. Sess.). Made stylistic changes throughout the section and in subsection (b), substituted "obtained certification as a Level II or Level III law enforcement officer under the provisions of 20 V.S.A. § 2358" for "successfully completed a course of training under 20 V.S.A. chapter 151" following "investigator who has".

Amendments--2007. Subsec. (a): Substituted "commissioner of finance and management" for "commissioner of human resources".

Amendments--2003 (Adj. Sess.). Subsec. (a): Substituted "commissioner of human resources" for "commissioner of personnel".

Amendments--1989 (Adj. Sess.). Designated the existing provisions of the section as subsec. (a), deleted "his" preceding "necessary" and inserted "or her" preceding "official" in the second sentence and inserted "or she" preceding "has had appropriate" and "or has successfully completed a course of training under chapter 151 of Title 20" following "officer" in the fourth sentence of that subsection and added subsec. (b).

Amendments--1983 (Adj. Sess.). Inserted "and information support" following "commissioner of finance".

Amendments--1981. Section amended generally.

Amendments--1973. Added reference to Caledonia and Bennington counties.

Amendments--1971. Redesignated former subsec. (a) as text of section and omitted subsec. (b).

Amendments--1969 (Adj. Sess.). Designated existing provisions of section as subsec. (b) and added subsec. (a).

Amendments--1967 (Adj. Sess.). Increased allowable per diem.

Amendments--1959. Raised maximum compensation from $ 6 to $ 10.

Amendments--1995 (Adj. Sess.) Subsec. (a): Substituted "commissioner of personnel" for "commissioner of finance and management" in the second sentence.

Prior law. 24 V.S.A. § 363.

Repeal of section. Former section 364 related to detectives and was repealed by 1981, No. 108 , § 331(c) eff. Jan. 1, 1982.

Cross References

Cross references. Defense of claims against sheriffs, see 3 V.S.A. § 1101 et seq.

§ 365. Penalty for taking bribe.

A State's Attorney who, directly or indirectly under color of his or her office, unlawfully receives to his or her use, or the use of another person, money or other valuable thing, shall be fined not less than $300.00 and shall be incapable of holding civil office in the State.

History

Source. V.S. 1947, § 3488. P.L. § 3411. G.L. § 3904. P.S. § 3406. V.S. § 2960. R.L. § 2632. G.S. 12, §§ 53, 63. 1859, No. 6 , § 4. R.S. 11, § 52. R. 1797, p. 579, § 4. 1795, p. 7.

Prior law. 24 V.S.A. § 364

§ 366. Deputy sheriffs; police school.

Subject to the approval of the Attorney General, a State's Attorney may enroll a deputy sheriff in a police school for the purpose of receiving training in crime prevention, detection, and apprehension. The officer so enrolled shall receive compensation during the police school session in an amount fixed by the Attorney General which shall not exceed $20.00 per day. The officer so enrolled shall receive his or her necessary expenses. Bills for his or her compensation and expenses shall be sworn to by him or her. Upon approval by the Attorney General, the Commissioner of Finance shall issue his or her warrant in payment thereof.

Added 1967, No. 368 (Adj. Sess.), § 4, eff. March 27, 1968; amended 1983, No. 195 (Adj. Sess.), § 5(b).

History

Revision note. Substituted "Commissioner of Finance" for "finance director" to conform reference to new title and reorganization of State government. See 3 V.S.A. § 2201 et seq.

Substituted "Commissioner of Finance and Management" for "commissioner of finance and information support" in light of Executive Order No. 35-87.

Amendments--1993 (Adj. Sess.). Inserted "and information support" following "commissioner of finance".

Prior law. 24 V.S.A. § 365.

Cross References

Cross references. Training requirements for deputy sheriffs, see § 311 of this title.

§ 367. Department of State's Attorneys and Sheriffs.

  1. There is established a Department of State's Attorneys and Sheriffs, which shall consist of the 14 State's Attorneys and 14 sheriffs. The State's Attorneys shall elect an Executive Committee of five State's Attorneys from among their members. The members of the Executive Committee shall serve for terms of two years.
  2. The Executive Committee and the Executive Committee of the Vermont Sheriff's Association shall appoint an Executive Director who shall serve at the pleasure of the Committees. The Executive Director shall be an exempt employee.
    1. The Executive Director shall prepare and submit all budgetary and financial materials and forms that are required of the head of a department of State government with respect to all State funds appropriated for all of the Vermont State's Attorneys and sheriffs. At the beginning of each fiscal year, the Executive Director, with the approval of the Executive Committee, shall establish allocations for each of the State's Attorneys' offices from the State's Attorneys' appropriation. Thereafter, the Executive Director shall exercise budgetary control over these allocations and the general appropriation for State's Attorneys. The Executive Director shall monitor the sheriff's transport budget and report to the sheriffs on a monthly basis the status of the budget. He or she shall provide centralized support services for the State's Attorneys and sheriffs with respect to budgetary planning, training, and office management, and perform such other duties as the Executive Committee directs. The Executive Director may employ clerical staff as needed to carry out the functions of the Department. (c) (1)  The Executive Director shall prepare and submit all budgetary and financial materials and forms that are required of the head of a department of State government with respect to all State funds appropriated for all of the Vermont State's Attorneys and sheriffs. At the beginning of each fiscal year, the Executive Director, with the approval of the Executive Committee, shall establish allocations for each of the State's Attorneys' offices from the State's Attorneys' appropriation. Thereafter, the Executive Director shall exercise budgetary control over these allocations and the general appropriation for State's Attorneys. The Executive Director shall monitor the sheriff's transport budget and report to the sheriffs on a monthly basis the status of the budget. He or she shall provide centralized support services for the State's Attorneys and sheriffs with respect to budgetary planning, training, and office management, and perform such other duties as the Executive Committee directs. The Executive Director may employ clerical staff as needed to carry out the functions of the Department.
    2. The Executive Director shall prepare and submit a funding request to the Governor and the General Assembly for the purpose of securing General Fund appropriations for any increased costs related to a collective bargaining agreement and to the Department's contract bargaining and administration.
    1. If an individual State's Attorney is aggrieved by a decision of the Executive Director pertaining to an expenditure or proposed expenditure by the State's Attorney, the question shall be decided by the Executive Committee. The decision of the Committee shall be final. (d) (1)  If an individual State's Attorney is aggrieved by a decision of the Executive Director pertaining to an expenditure or proposed expenditure by the State's Attorney, the question shall be decided by the Executive Committee. The decision of the Committee shall be final.
    2. If an individual sheriff is aggrieved by a decision of the Executive Director pertaining to an expenditure or proposed expenditure by the sheriff, the question shall be decided by the Executive Committee of the Vermont Sheriff's Association. The decision of the Executive Committee of the Vermont Sheriff's Association shall be final.
  5. [Repealed.]

    Added 1983, No. 183 (Adj. Sess.), § 1; amended 1985, No. 225 (Adj. Sess.), § 14; 2009, No. 33 , § 83(j); 2013, No. 49 , § 6; 2013, No. 95 (Adj. Sess.), § 82, eff. Feb. 25, 2014; 2017, No. 81 , § 13, eff. June 15, 2017.

History

Amendments--2017. Subdiv. (c)(1): Added the subdiv. designation.

Subdiv. (c)(2): Added.

Amendments--2013 (Adj. Sess.). Subsec. (a): Deleted the former fourth sentence.

Amendments--2013. Section amended generally.

Amendments--2009. Subsec. (e): Repealed.

Amendments--1985 (Adj. Sess.). Subsec. (c): Added the last sentence.

Cross References

Cross references. Creation and maintenance of victims assistance program, see 13 V.S.A. § 5304.

Subchapter 8. Commissioners of Jail Delivery

§§ 401-404. Repealed. 2009, No. 154 (Adj. Sess.), § 238.

History

Former §§ 401-404. Former § 401, relating to the Superior Court judges to appoint commissioners of jail delivery, was derived from V.S. 1947, § 3490; P.L. § 3413; G.L. § 3911; 1915, No. 1 , § 117; P.S. § 3412; V.S. § 2967; 1884, No. 148 ; R.L. § 2640; G.S. 12, § 108; 1850, No. 55 ; R.S. 11, § 2; 1825, No. 5 , § 1; 1821, p. 89; 1820, p. 24, 29; 1819, p. 15; 1818, p. 79; R. 1797, p. 323, § 12; R. 1787, p. 77 and amended by 1973, No. 193 (Adj. Sess.), § 3.

Former § 402, relating to the vacancy in office of commissioner of jail delivery, was derived from V.S. 1947, § 3491; P.L. § 3414; G.L. § 3912; P.S. § 3413; V.S. § 2968; R.L. § 2641; G.S. 12, § 109. 1861, No. 38 ; 1822, p. 20.

Former § 403, relating to the quorum for transaction of business by Commission of Jail Delivery, was derived from V.S. 1947, § 3492; P.L. § 3415; G.L. § 3913; P.S. § 3414; V.S. § 2969; R.L. § 2642; G.S. 121, § 47; R.S. 103, § 29.

Former § 404, relating to procedure when commissioners of jail delivery disqualified, was derived from V.S. 1947, § 3493; P.L. § 3416; G.L. § 3914; P.S. § 3415; V.S. § 2970; R.L. § 2642; G.S. 121, § 48; R.S. 103, § 33; 1825, No. 5 , § 2 and amended by 1973, No. 193 (Adj. Sess.), § 3.

Subchapter 9. Notaries Public

History

Repeal of subchapter. 2017, No. 160 (Adj. Sess.), § 5(1) provided for the repeal of this subchapter on July 1, 2019.

Effective dates; transitional provisions. 2017, No. 160 (Adj. Sess.), § 9 provides in part: "(3) beginning on December 1, 2018, the Office of Professional Regulation shall perform the duties of the assistant judges and county clerks in regard to receiving applications and commissioning notaries public as set forth in 24 V.S.A. chapter 5, subchapter 9 (county officers; notaries public) for the two-year notaries public commission terms that begin on February 1, 2019 in accordance with Sec. 1"

§§ 441-443. Repealed. 2017, No. 160 (Adj. Sess.), § 5, eff. July 1, 2019.

History

Former §§ 441-443. Former § 441, relating to appointment of notaries public; jurisdiction; ex officio notaries; application, was derived from V.S. 1947, § 3494; 1947, No. 202 , § 3516; P.L. § 3417; 1921, No. 93 , § 1; 1921, No. 92 , § 1; G.L. § 3906. P.S. § 3408; 1900, No. 42 , § 1; V.S. § 2963; R.L. § 2635; 1878, No. 131 ; G.S. 12, §§ 84, 85; 1852, No. 23 . R.S. 11, §§ 67, 68; 1831, No. 9 ; 1830, No. 21 ; 1829, No. 22 , § 1; R. 1797, p. 387, § 1 and amended by 1973, No. 106 , § 8; 1973, No. 193 (Adj. Sess.), § 3; 1983, No. 194 (Adj. Sess.), § 1; 1995, No. 181 (Adj. Sess.), § 14a; and 2009, No. 154 (Adj. Sess.), § 179.

Former § 441a, relating to nonresident notary public, was derived from 1989, No. 37 and amended by 2009, No. 154 (Adj. Sess.), § 180.

Former § 442, relating to oath; certificate of appointment recorded; form, was derived from V.S. 1947, § 3495; P.L. § 3418; 1921, No. 93 , § 2. G.L. § 3907; 1917, No. 97 , § 1; 1915, No. 1 , § 116. P.S. § 3409; R. 1906, § 3285; V.S. § 2964; R.L. § 2636; G.S. 12, § 86; 1851, No. 35 , § 1; R.S. 11, § 69; 1829, No. 22 , § 2; R. 1797, p. 387, § 1 and amended by 1973, No. 193 (Adj. Sess.), § 3; and 2009, No. 154 (Adj. Sess.), § 181.

Former § 443, relating to preservation of oaths, was derived from V.S. 1947, § 3496. P.L. § 3419. G.L. § 3908. 1917, No. 97 , § 2 and amended by 1989, No. 200 (Adj. Sess.), § 5.

Annotations From Former § 441

1. Venue.

It is now generally considered that venue is not essential to validity of affidavit, and courts presume that officer who certifies to it acted within his jurisdiction. Sargent v. Shepard, 94 Vt. 351, 111 A. 447 (1920).

Where venue of affidavit certified by notary public is laid as "State of Vermont, Windsor County, as," it will be taken that affidavit was made and sworn to at some place in that county, which is within notary's jurisdiction. Sargent v. Shepard, 94 Vt. 351, 111 A. 447 (1920).

2. Jurat.

Omission of words "before me," preceding signature of notary, is not fatal to jurat to affidavit, it being presumed that affidavit was sworn to before notary who attached his signature to jurat. Sargent v. Shepard, 94 Vt. 351, 111 A. 447 (1920).

§ 444. Repealed. 1983, No. 194 (Adj. Sess.), § 2.

History

Former § 444. Former § 444, relating to seals, was derived from V.S. 1947, § 3498; P.L. § 3421; G.L. § 3910; P.S. § 3411; V.S. § 2966; R.L. § 2639; G.S. 12, § 88; R.S. 11, § 70; 1829, No. 22 , § 2; R. 1797, p. 387, § 1.

§§ 445, 446. Repealed. 2017, No. 160 (Adj. Sess.), § 5, eff. July 1, 2019.

History

Former §§ 445, 446. Former § 445, relating to powers, was derived from 1983, No. 194 (Adj. Sess.), § 3.

Former § 446, relating to liabilities, was derived from 1983, No. 194 (Adj. Sess.), § 4.

PART 2 Municipalities

Cross References

Cross references. Establishment of cable television systems by municipalities, 30 V.S.A. §§ 512 and 513.

CHAPTER 30. MUNICIPALITIES; GENERAL PROVISIONS

Sec.

§§ 601, 602. Repealed. 1983, No. 10, § 2, eff. March 18, 1983.

History

Former §§ 601, 602. Former sections 601 and 602 relating to community development, were derived from 1975, No. 77 , § 1. The subject matter is now covered by 10 V.S.A. § 681 et seq.

CHAPTER 31. TOWN MEETINGS AND ELECTIONS

Sec.

§§ 701-743. Repealed. 1977, No. 269 (Adj. Sess.), § 4(b).

History

Former §§ 701-743. Former § 701, relating to qualifications of a voter to vote in a municipal meeting, was derived from 1957, No. 224 , § 2; 1949, No. 25 , § 2; V.S. 1947, § 3499; 1944 S., No. 1, § 44; 1941, No. 47 ; 1935, No. 30 , § 3; P.L. § 3422; 1933, No. 40 §§ 1, 2; 1933, No. 157 , § 3192; No. 63, § 1; 1919, No. 95 , § 1; G.L. § 3916; 1917, No. 98 ; 1915, No. 111 , § 1; P.S. § 3416; 1904, No. 74 , § 1; 1904, No. 85 , § 1; 1902, No. 63 , § 1; V.S. § 2971; R.L. § 2644; 1869, No. 50 ; G.S. 15, § 1; R.S. 13, § 1; 1837, No. 14 ,; R. 1797, p. 282, § 1; R. 1787, p. 158, amended by 1966, No. 6 (Sp. Sess.); 1967, No. 2 , § 1; 1971, No. 90 , § 14, and previously repealed by 1973, No. 172 (Adj. Sess.), § 15. The subject matter is now covered by § 17 V.S.A. § 2121.

Former § 702, relating to annual meetings, was derived from V.S. 1947, § 3500; P.L. § 3423; 1933, No. 157 , § 3193; G.L. § 3917; 1917, No. 254 , § 3866; P.S. § 3418; V.S. § 2972; R.L. §§ 2645, 2646; 1880, No. 106 ; G.S. 15, §§ 2, 25; R.S. 13, §§ 2, 24; R. 1797, p. 282, § 1; R. 1797, p. 287, § 8; R. 1787, p. 158 and amended by 1961, No. 102 , § 1; 1975, No. 146 (Adj. Sess.), § 2. The subject matter is now covered by 17 V.S.A. § 2640.

Former § 703, relating to amendment of municipal charters, was derived from 1963, No. 120 and amended by 1969 No. 19; 1971, No. 178 (Adj. Sess.). The subject matter is now covered by 17 V.S.A. § 2645.

Former § 704, relating to time for posting warnings of town meetings, was derived from V.S. 1947, § 3501; P.L. § 3424. G.L. § 3918; P.S. § 3419; 1906, No. 91 , § 1; V.S. § 2973; 1888, No. 131 ; R.L. §§ 2647, 2652; G.S. 15 §§ 3, 4, 6; R.S. 13, §§ 3, 4, 6; R. 1797, p. 282, § 1; R. 1797, p. 292, § 15; R. 1787 p. 158 and amended by 1967, No. 273 (Adj. Sess.), § 5. The subject matter is now covered by 17 V.S.A. § 2641.

Former § 705, relating to contents of warnings of town meetings, was derived from 1951, No. 65 ; 1949, No. 70 , § 1; V.S. 1947, § 3502; P.L. § 3425; 1933, No. 157 , § 3195; G.L. § 3918, P.S. § 3419; 1906, No. 91 ; § 1; V.S. 2973; 1888, No. 131 ; R.L. §§ 2647, 2652; G.S. 15, §§ 3, 4, 6; R. S. 13, §§ 3, 4, 6; R. 1797, p. 282, § 1; R. 1797, p. 292, § 15; R. 1787, p. 158 and amended by 1967, No. 273 (Adj. Sess.), § 6; 1969, No. 170 (adj. Sess.), § 1. The subject matter is now covered by 17 V.S.A. § 2642.

Former § 706, relating to reconsideration and rescission of a question voted on at a town meeting, was derived from 1969, No. 170 (Adj. Sess.), § 2. The subject matter is now covered by 17 V.S.A. § 2661.

Former § 707, relating to special town meetings, was derived from 1953, No. 54 ; V.S. 1947, § 3503; P.L. § 3426; 1933, § 157, § 3196; G.L. § 3919; P.S. § 3420; V.S. § 2974; R.L. § 2649; G.S. 15, § 4; R.S. 13, § 4; R. 1797, p. 292, §§ 15, 16 and amended by 1961, No. 102 , § 2; 1969, No. 170 (Adj. Sess.), § 3. The subject matter is now covered by 17 V.S.A. § 2643.

Former § 708, relating to recording warnings of town meetings, was derived from V.S. 1947, § 3504; P.L. § 3427; 1933, No. 157 , § 3197; G.L. § 3918; P.S. § 3419; 1906, No. 91 , § 1; V.S. § 2973; 1888, No. 131 ; R.L. §§ 2647, 2652; G.S. 15, §§ 3, 4, 6; R.S. 13, §§ 3, 4, 6; R. 1797, p. 282, § 1; R. 1797, p. 292, § 15; R. 1787, p. 158. The subject matter is now covered by 17 V.S.A. § 2644.

Former § 709, relating to warning of town meetings when the office of one or more selectmen was vacant, was derived from V.S. 1947, § 3505; 1947, No. 202 , § 3527; P.L. § 3428; 1933, No. 157 , § 3198; G.L. § 3920; P.S. § 3421; V.S. 2975; R.L. § 2650; G.S. 15, § 5; R.S. 13, § 5.

Former § 710, relating to penalty for failure to warn of a town meeting, was derived from V.S. 1947, § 3506; P.L. § 3429; 1933, No. 157 , § 3199; G.L. § 3921; 1917, No. 254 , § 3870; P.S. § 3422; V.S. § 2976; R.L. § 2651; 1874, No. 55 ; 1868, No. 13 .

Former § 711, relating to prosecutions instituted before a justice, was derived from V.S. 1947, § 3507; P.L. § 3430; 1933, No. 157 , § 3200.

Former § 712, relating to who would call a town meeting to order, was derived from V.S. 1947, § 3508; P.L. § 3431; G.L. § 3922; P.S. § 3423; V.S. § 2977; 1888, No. 146 , § 1; R.L. 2653; G.S. 15, § 7; R.S. 13, § 7; R. 1797, p. 283, § 2. The subject matter is now covered by 17 V.S.A. § 2657.

Former § 713, relating to qualifications and election of town officers, was derived from V.S. 1947, § 3509; P.L. § 3432; 1933, No. 157 , § 3202; 1931, No. 47 ; 1919, No. 97 ; G.L. § 3925; 1917, No. 100 § 1; 1917, No. 254 , § 3874; 1912, No. 118 , § 1; 1910, No. 107 , § 1; 1908, No. 82 , § 1; P.S. § 3426; R. 1906, § 3302; 1906, No. 92 § 1; 1904, No. 76 , § 1; 1902, No. 55 , § 1; V.S. § 2980, 1892, No. 20 , §§ 4, 12; 1892, No. 56 , § 1; 1890, No. 5 , § 1; 1890, No. 43 , 1888, No. 9 , § 290; 1888, No. 146 , § 3; 1886, No. 14 ; 1884, No. 58 , § 1; R.L. §§ 2658, 2660, 2661; 1880, No. 67 ; 1870, No. 10 , § 5; 1866, No. 44 , § 1; 1864, No. 16 ; G.S. 15, §§ 13, 15; G.S. 25, § 33; 1859, No. 26 , § 1; 1848, No. 34 ; 1842, No. 12 ; R.S. 13, § 13; R. 1797, p. 283, § 2; R. 1797, p. 294, § 3; R. 1797, p. 287, § 10; R. 1787, p. 158 and was amended by 1967, No. 147 , § 53(b); 1971, No. 45 ; 1973, No. 63 , § 22; 1975, No. 151 (Adj. Sess.), § 3; 1977, No. 50 , § 1. The subject matter is now covered by 17 V.S.A. § 2646.

Former § 714, relating to appointments to fill vacancies in town offices, was derived from 1971, No. 210 (Adj. Sess.). The subject matter is now covered by 17 V.S.A. § 2682.

Former § 715, relating to number of votes required for election to office, was derived from V.S. 1947, § 3510; 1943, No. 38 , § 1; P.L. § 3433; 1933, No. 157 , § 3203; 1919, No. 97 ; G.L. § 3925; 1917, No. 100 , § 1; 1917, No. 254 , § 3874; 1912, No. 118 , § 1; 1910, No. 107 , § 1; 1908, No. 82 , § 1; P.S. § 3426; R. 1906, § 3302; 1906, No. 92 , § 1; 1904, No. 76 , § 1; 1902, No. 55 , § 1; V.S. § 2980; 1892, No. 20 , §§ 4, 12; 1892, No. 56 , § 1; 1890, No. 5 , § 1; 1890, No. 43 ; 1888, No. 9 , § 290: 1888, No. 146 , § 3; 1886, No. 14 ; 1884, No. 58 , § 1; R.L. §§ 2658, 2660, 2661; 1880, No. 67 ; 1870, No. 10 , § 5; 1866, No. 44 , § 1; 1864, No. 16 ; G.S. 15 §§ 13, 15; G.S. 25, § 33; 1859, No. 26 , § 1; 1848, No. 34 ; 1842, No. 12 ; R.S. 13, § 13; R. 1797, p. 283, § 2; R. 1797, p. 284, § 3; R. 1797, p. 287, § 10; R. 1787, p. 158. The subject matter is now covered by 17 V.S.A. § 2682.

Former § 716, relating to number of town officers, was derived from V.S. 1947, § 3511; P.L. § 3434; 1933, No. 157 , § 3204; 1919, No. 97 ; G.L. §§ 3925, 3928; 1917, No. 100 , § 1; 1917, No. 254 , § 3874; 1912, No. 118 , § 1; 1910, No. 107 , § 1; 1908, No. 82 , § 1; P.S. §§ 3426, 3428; R. 1906, No. 3302 ; 1906, No. 92 , § 1; 1904, No. 76 , § 1; 1902, No. 55 , § 1; V.S. § 2980; 1892, No. 20 , §§ 4, 12; 1892, No. 56 , § 1; 1890, No. 5 , § 1; 1890, No. 43 ; 1888, No. 9 , § 290; 1888, No. 146 , § 3; 1886, No. 14 ; 1884, No. 58 , § 1; R.L. §§ 2658, 2660, 2661; 1880, No. 67 ; 1870, No. 10 , § 5; 1866, No. 44 , § 1; 1864, No. 16 ; G.S. §§ 13, 15; G.S. 25, § 33; 1859, No. 26 , § 1; 1848, No. 34 ; 1842, No. 12 ; R.S. 13, § 13; R. 1797, p. 283, § 2; R. 1797, p. 284, § 3; R. 1797, p. 287, § 10; R. 1787, p. 158 and amended by 1973, No. 63 , § 17; 1975, No. 151 (Adj. Sess.), § 2; 1977, No. 50 , § 2. The subject matter is now covered by 17 V.S.A. § 2649.

Former § 717, relating to additional selectmen and listers, was derived from 1953, No. 250 , § 2; V.S. 1947, § 3512; P.L. § 3435; 1933, No. 157 , § 3205; 1919, No. 97 ; G.L. § 3925; 1917, No. 100 , § 1; 1917, No. 254 , § 3874; 1912, No. 118 , § 1; 1910, No. 107 , § 1; 1908, No. 82 , § 1; P.S. § 3426; R. 1906, § 3302; 1906, No. 92 , § 1; 1904, No. 76 , § 1; 1902, No. 55 , § 1; V.S. § .n 2980; 1892, No. 20 , §§ 4, 12; 1892, No. 56 , § 1; 1890, No. 5 , § 1; 1890, No. 43 ; 1888, No. 9 , § 290; 1888, No. 146 , § 3; 1886, No. 14 ; 1884, No. 58 , § 1; R.L. §§ 2658, 2660, 2661; 1880, No. 67 ; 1870, No. 10 , § 5; 1866, No. 44 , § 1; 1864, No. 16 ; G.S. 15, §§ 13, 15; G.S. 25, § 33; 1859, No. 26 , § 1; 1848, No. 34 ; 1842, No. 12 ; R.S. 13, § 13; R. 1797, p. 283, § 2; R. 1797, p. 284, § 3; R. 1797, p. 287, § 10; R. 1787, p. 158 and amended by 1967, No. 383 (Adj. Sess.); 1975, No. 11 , § 1. The subject matter is now covered by 17 V.S.A. § 2650.

Former § 718, relating to referendum on authorizing selectmen to appoint road and water commissioners, was derived from 1957, No. 243 ; V.S. 1947, § 3513; P.L. § 3436; 1933, No. 157 , § 3206; 1919, No. 97 ; G.L. § 3925; 1917, No. 100 , § 1, 1917, No. 254 , § 3874; 1912, No. 118 , § 1; 1910, No. 107 , § 1; 1908, No. 82 , § 1; P.S. § 3426; R. 1906, § 3302; 1906, No. 92 , § 1; 1904, No. 76 , § 1902, No. 55 , § 1; V.S. § 2980; 1892, No. 20 , §§ 4, 12; 1892, No. 56 , § 1; 1890, No. 5 , § 1; 1890, No. 43 ; 1888, No. 9 , § 290; 1888, No. 146 , § 3; 1886, No. 14 ; 1884, No. 58 , § 1; R.L. §§ 2658, 2660, 2661; 1880, No. 67 ; 1870, No. 10 , § 5; 1866, No. 44 , § 1; 1864, No. 16 , G.S. 15, §§ 13, 15; G.S. 25, § 33; 1859, No. 26 , § 1; 1848, No. 34 ; 1842, No. 12 ; R.S. 13, § 13; R. 1797, p. 283, § 2; R. 1797, p. 284, § 3; R. 1797, p. 287, § 10; R. 1787, p. 158, and previously repealed by 1973, No. 63 , § 22. The subject matter is now covered by 17 V.S.A. § 2652.

Former § 719, relating to appointment and removal of road and water commissioners, was derived from V.S. 1947, § 3514; P.L. § 3437; 1933, No. 157 , § 3207; 1919, No. 97 ; G.L. § 3925; 1917, No. 100 , § 1; 1917, No. 254 , § 3874; 1912, No. 118 , § 1; 1910, No. 107 , § 1; 1908, No. 82 , § 1; P.S. § 3426; R. 1906, § 3302; 1906, No. 92 , § 1; 1904, No. 76 , § 1; 1902, No. 55 , § 1; V.S. § 2980; 1892, No. 20 , §§ 4, 12; 1892, No. 56 , § 1; 1890, No. 5 , § 1; 1890, No. 43 ; 1888, No. 9 , § 290; 1888, No. 146 , § 3; 1886, No. 14 ; 1884, No. 58 , § 1; R.L. §§ 2658, 2660, 2661; 1880, No. 67 ; 1870, No. 10 , § 5; 1866, No. 44 , § 1; 1864, No. 16 ; G.S. 15, §§ 13, 15; G.S. 25, § 33; 1859, No. 26 , § 1; 1848, No. 34 ; 1842, No. 12 ; R.S. 13, § 13; R. 1797, p. 283, § 2; R. 1797, p. 284, § 3; R. 1797, p. 287, § 10; R. 1787, p. 158 and amended by 1973, No. 63 , § 18; 1975, No. 151 (Adj. Sess.), § 4; 1977, No. 50 , § 3. The subject matter is now covered by 17 V.S.A. § 2651.

Former § 719a, relating to referendum on authorizing selectmen to appoint road commissioners, was derived from 1975, No. 151 (Adj. Sess.), § 5 and amended by 1977, No. 50 , § 4. The subject matter is now covered by 17 V.S.A. § 2652.

Former § 720, relating to voting on town budgets, was derived from V.S. 1947, § 3515; P.L. § 3438; 1933, No. 157 , § 3208; G.L. §§ 4032, 4033; P.S. §§ 3530, 3531; 1906, No. 35 , §§ 3, 5; 1902, No. 18 , § 1; V.S. § 3083; R.L. § 2751; G.S. 15, § 95; R.S. 13, § 76; R. 1797, p. 291, § 14; 1787, p. 157 and amended by 1961, No. 14 , § 1. The subject matter is now covered by 17 V.S.A. § 2664.

Former § 721, relating to election of town officers by ballot, was derived from V.S. 1947, § 3523; P.L. § 3446; G.L. § 3930; P.S. § 3430; V.S. § 2983; R.L. § 2666; 1874, No. 57 ; G.S. 15, § 14; R.S. 13, § 15; 1834, No. 19 ; 1806, p. 101; R. 1797, p. 286, § 5 and amended by 1967, No. 147 , § 36. The subject matter is now covered by 17 V.S.A. § 2680.

Former § 722, relating to separate ballots for election of road commissioners, was derived from V.S. 1947, § 3524; P.L. § 3447; G.L. § 3932; P.S. § 3432; 1904, No. 85 , § 2, and previously repealed by 1973, No. 63 , § 22.

Former § 723, relating to closing polls and counting votes, was derived from V.S. 1947, § 3525, P.L. § 3448; 1933, No. 157 , § 3218; G.L. § 3933; P.S. § 3433; V.S. § 2985; R.L. § 2664; 1864, No.17 §§ 5, 6. The subject matter is now covered by 17 V.S.A. ch. 51, subch. 8.

Former § 724, relating to acceptance of office, was derived from V.S. 1947, § 3530; P.L. § 3453; 1933, No. 157 , § 3223; G.L. § 3939; P.S. § 3439; V.S. § 2990; R.L. § 2670; G.S. 15, §§ 17, 18, 20, R.S. 13 §§ 16, 17, 19; R. 1797, p. 288, § 11. The subject matter is now covered by 17 V.S.A. § 2653.

Former § 725, relating to refusal to accept election or appointment to office, was derived from V.S. 1947, § 3531; P.L. § 3454; 1933, No. 157 , § 3224; G.L. § 3940; P.S. § 3440; V.S. § 2991; R.L. § 2671; G.S. 15, § 19; R.S. 13, § 18; R. 1797, p. 288, § 11; R. 1787, p. 159. The subject matter is now covered by 17 V.S.A. § 2654.

Former § 726, relating to penalty for failure to perform the duties of lister after accepting the office, was derived from V.S. 1947, § 3532; P.L. § 3455; G.L. § 3941; P.S. § 3441; V.S. § 2992; R.L. § 2672; G.S. 83, § 49; 1855, No. 43 . § 45.

Former § 727, relating to moderator's duties, was derived from V.S. 1947, § 3536; P.L. § 3459; G.L. § 3946; P.S. § 3446; V.S. § 2996; 1888, No. 146 , § 1; R.L. § 2676; G.S. 15, § 10; R.S. 13, § 10; R. 1797, p. 283, § 2. The subject matter is now covered by 17 V.S.A. § 2658.

Former § 728, relating to preservation of order, was derived from V.S. 1947, § 3537; P.L. § 3460; G.L. § 3947; 1917, No. 254 , § 3896; P.S. § 3447; V.S. § 2997; R.L. § 2677; G.S. 15, §§ 11, 12; R.S. 13, §§ 11, 12,; R. 1797, p. 283, § 2; R. 1787, p. 157. The subject matter is now covered by 17 V.S.A. § 2659.

Former § 729, relating to use of Australian ballot system, was derived from 1953, No. 163 , §§ 1-3; V.S. 1947, § 3629; 1935, No. 10 § 3; P.L. § 3545; 1933, No. 157 , § 225; G.L. 232; 1917, No. 8 , § 1; 1912, No. 10 ; P.S. § 182; 1906, No. 5 § 1; V.S. § 131; 1894, No. 3 ; 1892, No.1, § 32 and amended by 1959, No. 154 ; 1963, No. 130 ; 1969, No. 7 § 2. The subject matter is now covered by 17 V.S.A. § 2680.

Former § 730, relating to candidates entitled to a recount, was derived from 1957, No. 186 , § 1; V.S. 1947, § 3630; P.L. § 3546; 1933, No. 157 , § 3288a; 1921, No. 95 , § 1. The subject matter is now covered by 17 V.S.A. § 2683.

Former § 731, relating to filing a petition for a recount, was derived from 1957, No. 186 , § 2; V.S. 1947, § 3631; P.L. § 3547; 1933, No. 157 , § 3288b; 1921, No. 95 , § 2. The subject matter is now covered by 17 V.S.A. § 2683.

Former § 732, relating to fees for recounts, was derived from V.S. 1947, § 3632; P.L. § 3548; 1933, No. 157 , § 3288c; 1921, No. 95 , § 3.

Former § 733, relating to time and notice of a recount, was derived from V.S. 1947, § 3633; P.L. § 3549; 1933. No. 157, § 3288d; 1921, No. 95 § 4. The subject matter is now covered by 17 V.S.A. § 2684.

Former § 734, relating to inspection of ballots, was derived from V.S. 1947, § 3634; P.L. § 3550; 1933, No. 157 , § 3288e; 1921, No. 95 , § 5. The subject matter is now covered by 17 V.S.A. § 2685.

Former § 735, relating to declaration of the result of a recount, was derived from V.S. 1947, § 3635; P.L. § 3551; 1933, No. 157 , § 3288f; 1921, No. 95 , § 6. The subject matter is now covered by 17 V.S.A. § 2686.

Former § 736, relating to appeal from a recount, was derived from V.S. 1947, § 3636; P.L. § 3552; 1933, No. 157 , § 3288g; 1921, No. 95 , § 7 and amended by 1973, No. 193 (Adj. Sess.), § / 3. The subject matter is now covered by 17 V.S.A. § 2687.

Former § 737, relating to recount of a referendum question, was derived from V.S. 1947, § 3637; P.L. § 3553; 1933, No. 157 , § 3288h; 1921, No. 95 , § 8. The subject matter is now covered by 17 V.S.A. § 2688.

Former § 738, relating to preservation of ballots, was derived from V.S. 1947, § 3638, P.L. § 3554; 1933, No. 157 , § 3288i; 1921, No. 95 § 9. The subject matter is now covered by 17 V.S.A. § 2689.

Former § 739, relating to rights and remedies of incumbents, was derived from V.S. 1947, § 3639; 1947, No. 202 , § 3661; P.L. § 3555; 1933, No. 157 , § 3288j; 1921, No. 95 , § 20.

Former § 740, relating to incompatible offices, was derived from 1949, No. 71 ; V.S. 1947, § 3521; 1935, No. 59 , § 1; P.L. § 3444; 1933, No. 157 , § 3214; 1921, No. 94 ; G.L. §§ 842, 3927; 1915, No. 39 , § 1; 1915, No. 119 , § 1; 1910, No. 40 § 1; 1910, No. 110 , § 1 P.S. §§ 3477, 3500; V.S. §§ 3026, 3050, 1892, No. 56 , § 17; R.L. §§ 2701, 2702, 2722; 1880, No. 111 ; 1878, No. 130 , 1874, No. 56 . The subject matter is now covered by 17 V.S.A. § 2647.

Former § 741, relating to exceptions, was derived from V.S. 1947, § 3522; P.L. § 3445; 1933, No. 157 , § 3215; 1921, No. 94 ; G.L. §§ 842, 3927; 1915, No. 39 , § 1915, No. 39 , § 1; 1915 116, § 1; 1912 No. 119, § 1; 1910, No. 40 , § 1; 1910, No. 110 , § 1; P.S. §§ 3477, 3500; V.S. §§ 3026, 3050; 1892, No. 56 , § 17; R.L. §§ 2701, 2702, 2722; 1880, No.111; 1878, No. 130 ; 1874, No. 56 . The subject matter is now covered by 17 V.S.A. § 2648.

Former § 742, relating to certification of votes on acts of General Assembly, was derived from V.S. 1947, § 3760; 1939, No. 65 , § 1. The subject matter is now covered by 17 V.S.A. § 2663.

Former § 743, relating to validation of municipal meetings, was derived from 1953, No. 172 . The subject matter is now covered by 17 V.S.A. § 2662.

CHAPTER 33. MUNICIPAL OFFICERS GENERALLY

SUBCHAPTER 1. BOARD OF CIVIL AUTHORITY

SUBCHAPTER 2. OATHS; BONDS

SUBCHAPTER 3. ORGANIZATION OF SELECTBOARD; APPOINTMENTS; POWERS

SUBCHAPTER 4. ACTIONS BY OR AGAINST OFFICERS; LIABILITY; PENALTIES

SUBCHAPTER 5. COMPENSATION AND CLAIMS

SUBCHAPTER 6. VACANCIES IN TOWN OFFICES

SUBCHAPTER 7. ANNUAL SETTLEMENTS; RECORDS; MONIES

SUBCHAPTER 8. INSPECTORS OF LUMBER; WIRING; WEIGHERS OF COAL

SUBCHAPTER 9. AGENT TO CONVEY REAL PROPERTY

SUBCHAPTER 10. PENSION SYSTEM; INSURANCE

SUBCHAPTER 11. PERSONNEL RULES

SUBCHAPTER 12. ENERGY COORDINATOR

SUBCHAPTER 13. ORDERS OR DECISIONS BY MUNICIPAL BOARDS OR COMMISSIONS

SUBCHAPTER 14. BUDGET COMMITTEE

Cross References

Cross references. Town clerks, see chapter 35 of this title.

Town, city, or village managers, see chapter 37 of this title.

Subchapter 1. Board of Civil Authority

§ 801. Composition; meetings.

The town clerk, selectboard members and justices residing in a town shall constitute the board of civil authority of such town. Meetings of the board shall be called by the town clerk, or by one of the selectboard members, on application, by giving written notice to each member, and by posting a notice in two or more public places in the town at least five days previous to the meeting. The board shall choose a chair, and the town clerk shall be its clerk. The act of a majority of the board present at the meeting shall be treated as the act of the board, except that when the board is dealing with election issues, 17 V.S.A. § 2103(5) shall control.

Amended 1979, No. 200 (Adj. Sess.), § 118.

History

Source. V.S. 1947, § 3614. P.L. § 3531. 1933, No. 157 , § 3297. G.L. § 3990. P.S. § 3489. V.S. § 3038. 1892, No. 52 . R.L. § 2710. G.S. 15, §§ 66, 68. 1847, No. 28 . R.S. 13, § 49.

2016. Substituted "selectboard members" for "selectmen" in two places in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Amendments--1979 (Adj. Sess.). In the second sentence, substituted "written" for "personal" preceding "notice", "and" for "or" preceding "by posting" and "two" for "three" preceding "or more" and added "except that when the board is dealing with election issues, division (5) of section 2103 of Title 17 shall control" at the end of the section.

Cross References

Cross references. Appeal of property tax appraisal to board of civil authority, see 32 V.S.A. ch. 131, subch. 1.

ANNOTATIONS

1. Presence of nonmember.

Under this section, board's action in appeal by taxpayer from listers' decision was not vitiated because one person sitting thereon and voting was not qualified as member, where majority of those present and qualified voted to sustain listers. Federal Land Bank v. Flanders, 105 Vt. 204, 164 A. 539 (1933).

Subchapter 2. Oaths; Bonds

§ 831. Oaths.

The clerk, selectboard members, constables, listers, and fence viewers of a town shall be sworn before entering upon the duties of their offices. A record thereof shall be made by the town clerk.

Amended 2017, No. 93 (Adj. Sess.), § 19.

History

Source. V.S. 1947, § 3529. P.L. § 3452. G.L. § 3938. P.S. § 3438. V.S. § 2989. 1892, No. 51 . R.L. § 2669. 1872, No. 58 . G.S. 15, § 16. R.S. 13, § 14. R. 1797, p. 287, § 10. R. 1787, p. 158.

2016. Substituted "selectboard members" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Amendments--2017 (Adj. Sess.). Deleted "grand jurors," following "listers,".

ANNOTATIONS

Analysis

1. Necessity of oath.

It is of vital importance that officers enumerated be sworn before assuming their duties and that actual record of such oaths be kept in permanent form in records of town. 1948 Op. Atty. Gen. 365.

This section is mandatory, and must be substantially complied with, to give validity to list. Ayers v. Moulton, 51 Vt. 115 (1878).

2. When administered.

Oath is required each time elected person qualifies for new term of office. 1948 Op. Atty. Gen. 365.

3. Administration of oath.

Justice of peace is authorized to administer oath of office to town officer out of town meeting. Andrews v. Chase, 5 Vt. 409 (1833).

4. Effect of failure to take oath.

Town grand juror who has not taken oath of office is not grand juror de facto, and complaint made by him will be quashed. State v. Rollins, 65 Vt. 608, 27 A. 498 (1893).

Grand list was legal though oath of listers had not been recorded and though it did not appear that selectboard members, who assessed and certified tax, had been sworn. Day v. Peasley, 54 Vt. 310 (1881).

5. Preliminary oath.

No record of preliminary oath of listers need be made by town clerk. Wilmot v. Althrop, 67 Vt. 671, 32 A. 861 (1895).

6. Evidence.

Copy of record of defendant's election, in which word "sworn" appeared immediately after his name, was sufficient proof that he was sworn as law requires. Wilson v. Wheeler, 55 Vt. 446 (1882).

Copies of the warning and proceedings are admissible to prove the election of constable and listers, and that they were sworn, and parol evidence is admissible to prove it. Wilson v. Wheeler, 55 Vt. 446 (1882).

§ 832. Bonds; requirements.

Before the school directors, constable, road commissioner, collector of taxes, treasurer, assistant treasurer when appointed by the selectboard, clerk, and any other officer or employee of the town who has authority to receive or disburse town funds enter upon the duties of their offices, the selectboard shall require each to give a bond conditioned for the faithful performance of his or her duties: the school directors, to the town school district; the other named officers, to the town. The treasurer, assistant treasurer when appointed by the selectboard, and collector shall also be required to give a bond to the town school district for like purpose. All such bonds shall be in sufficient sums and with sufficient sureties as prescribed and approved by the selectboard. If the selectboard at any time considers a bond of any such officer or employee to be insufficient, it may require, by written order, the officer or employee to give an additional bond in such sum as it deems necessary. If an officer or employee, so required, neglects for ten days after such request to give such original or additional bond, his or her office shall be vacant. A bond furnished pursuant to the provisions of this section shall not be valid if signed by any other officer of the same municipality as surety thereon.

Amended 1959, No. 183 , § 2; 1967, No. 147 , § 36, eff. Oct. 1, 1968; 2011, No. 155 (Adj. Sess.), § 25.

History

Source. 1949, No. 73 . V.S. 1947, § 3533. 1935, No. 61 , § 1. P.L. § 3456. 1933, No. 41 . 1933, No. 157 , § 3226. G.L. § 3943. 1917, No. 254 , § 3892. P.S. § 3443. V.S. § 2994. 1892, No. 56 , § 3. 1886, No. 43 . R.L. § 2674. 1870, No. 35 . G.S. 15, §§ 26-29. 1854, No. 18 . R.S. 13, §§ 25, 26. 1816, p. 116. 1804, p. 102. R. 1797, p. 286, § 6.

Amendments--2011 (Adj. Sess.). Section amended generally.

Amendments--1967. Deleted "overseer of the poor".

Amendments--1959. Added provisions relating to assistant treasurer when appointed by selectboard.

ANNOTATIONS

Analysis

1. Duty of selectboard members.

There is no duty imposed by law upon individual selectboard members under this section to require bonds therein described, but collective action by the selectboard must be taken in the matter of requiring the bond. State v. Baldwin, 116 Vt. 112, 70 A.2d 242 (1950).

When one is elected constable it is duty of selectboard first to move in matter and require bond, to fix its amount and kind of security, and their neglect to require bond, not constable's neglect to give one, causes vacancy in office, if there be one. Weston v. Sprague, 54 Vt. 395 (1882).

2. Status of acts prior to bond.

One legally elected constable who serves as such though he has neglected to furnish bond within time prescribed by statute, selectboard never having required it, is a de facto, if not a de jure officer; and sureties on his bond given several months after his election are liable for his delinquencies in appropriating public funds to his own use. Weston v. Sprague, 54 Vt. 395 (1882).

Service of writ by constable before he has given bail is valid, if made before any request for bail has been made of him by selectboard than inquiry "when he was going to give bail," and before any refusal on his part to give bail or any interference on the part of town with discharge of his official duties. Bank of Middlebury v. Rutland & Wash. R.R., 30 Vt. 159 (1858).

Person elected constable may discharge his duties without having executed bond to town if it has not been required of him, or if its execution and delivery are delayed with the consent of selectboard, and he may legally act as constable until his office is vacated by selectboard on his refusal to execute bond to their satisfaction. Langdon v. Rutland & Wash. R.R., 29 Vt. 212 (1857).

Constable derives his official powers from his election and statute defining his powers and he is not required to give bonds until selectboard of town specifies amount, name securities, and request due execution of bonds, and he can execute duties of office until these steps are taken. Bowman v. Barnard, 24 Vt. 355 (1852).

3. Disqualification for failure to give bond.

To disqualify constable on account of his not furnishing bail, there must be not only definite demand of bail by selectboard, but also peremptory refusal to allow him to proceed with his official duties, either in the present tense, or after a certain limited period of indulgence. Bank of Middlebury v. Rutland & Wash. R.R., 30 Vt. 159 (1859).

4. Form of bond.

Schedule form of bond submitted by surety company, which in effect substitutes undertaking of surety for the principal's bond and limits its liability, is not in accordance with requirements of this section. 1958-60 Op. Atty. Gen. 44.

Fact that instrument written in form of bond but not under seal, executed by one elected constable, did not occasion vacancy in office. Wilson v. Wheeler, 55 Vt. 446 (1882).

5. Actions on bond.

If first constable neglects for ten days after request by selectboard to furnish an official bond, Supreme Court will render judgment of ouster against him upon information for quo warranto. State v. Buchanan, 65 Vt. 445, 27 A. 166 (1893).

Prior demand of payment need not be averred in a suit upon a constable's or collector's official bond, nor need a proceeding be had to procure an extent against the collector himself, suit upon bond being cumulative remedy. Middlebury v. Nixon, 1 Vt. 232 (1828).

6. Evidence.

Where question was whether defendant was qualified as collector of taxes, it was shown by parol that he gave bond that was accepted by selectboard. Taylor v. Moore, 63 Vt. 60, 21 A. 919 (1890).

Cited. Couture v. Selectmen of Berkshire, 121 Vt. 359, 159 A.2d 78 (1960).

7. Application.

Statute provides that before a town officer or employee who is authorized to receive or disburse town funds embarks on his or her duties, the selectboard shall require that person to give a bond conditioned for the faithful performance of his or her duties, and all such bonds shall be in sufficient sums and with sufficient sureties as prescribed and approved by the selectboard. Even if this statute were found to apply to city officials, there is nothing in the statute creating a right of action and the statute imposes no duty on officials other than the duty to obtain a bond; here, there was no evidence as to whether the city official did or did not obtain a bond, so declaratory relief on this issue was not warranted. Osier v. Burlington Telecom, 201 Vt. 483, 144 A.3d 1024 (2016).

§ 833. Approval; record; evidence.

On the approval of a bond required by section 832 of this title, the selectboard of a town shall file the same in the office of the town clerk to be recorded by such clerk in a book kept for that purpose. Copies thereof duly certified by such clerk shall be evidence in court as if the original were produced.

History

Source. V.S. 1947, § 3534. P.L. § 3457. 1933, No. 41 . 1933, No. 157 , § 3227. G.L. § 3944. P.S. § 3444. 1898, No. 61 , § 1.

2016. Substituted "selectboard" for "selectmen" in the first sentence in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

ANNOTATIONS

1. Filing.

Binding or pasting original town officers' bonds in binder, complete with proper index specially maintained for such purpose, was lawful discharge of town clerk's duties to file and record bonds. 1952-54 Op. Atty. Gen. 279.

§ 834. Neglect of clerk or constable; indemnity.

A town shall make good the pecuniary damages which may accrue to a person by the neglect or default of the town clerk or constable of such town, to be recovered in a civil action on this statute.

History

Source. V.S. 1947, § 3535. P.L. § 3458. 1933, No. 157 , § 3228. G.L. § 3945. P.S. § 3445. V.S. § 2995. R.L. § 2675. G.S. 15, § 30. R.S. 13, § 27. 1816, p. 117. 1804, p. 103.

Revision note. Substituted "a civil action" for "an action of tort" to conform to Rule 2, Vermont Rules of Civil Procedure, pursuant to 1971, No. 185 (Adj. Sess.), § 236(d). See note under 4 V.S.A. § 219.

ANNOTATIONS

Analysis

1. Nature of liability.

Liability of town is equally original and direct as that of delinquent town clerk or constable, and no previous recovery or suit against officer is necessary in order to perfect right of action against town for his default. Lyman v. Windsor, 24 Vt. 575 (1852).

Town is liable for default of its constable, in first instance, and suit against constable is not indispensable to charge town. McGregor v. Walden, 14 Vt. 450 (1842); Bramble v. Poultney, 11 Vt. 208 (1839).

2. Period of liability.

Town is liable under this section for neglect or default of constable, for property under attachment by him, so long as his duty as attaching officer continues, and duty of constable to care for property attached by him does not cease when his term of office expires. Lowell v. Stannard, 90 Vt. 443, 98 A. 925 (1916).

Suits may be brought and maintained against town after death of constable for his default as such in service of processes during life. Martin v. Wells, 43 Vt. 428 (1871).

3. Requisites for cause of action.

To maintain suit against town under this section, for constable's neglect to complete attachment, enabling another creditor to secure priority by mortgage lien, attaching creditor need not obtain judgment in such suit against debtor, since record of such judgment would be inadmissible against town. Roberge v. Troy, 105 Vt. 134, 163 A. 770 (1932).

Action against town for neglect of constable in not levying, collecting, and returning execution cannot be sustained by proof of his having actually collected execution, but neglected to pay money to creditor. Barber v. Benson, 9 Vt. 171 (1837).

4. Accrual of cause of action.

In action of tort against town for constable's neglect to complete attachment, plaintiff's cause of action arose when constable failed to complete attachment, and where, by reason of such neglect, another creditor obtained priority by mortgage lien, plaintiff could recover such actual damages as he sustained by officer's negligence, or nominal damages in any event. Roberge v. Troy, 105 Vt. 134, 163 A. 770 (1932).

5. Neglect or default.

Where property attached by constable was receipted for and, while in control of receiptor, sold by defendant, fact that constable thereupon took actual possession of goods remaining unsold, thereby releasing receiptor from further liability, was not, standing alone, such neglect or default as would make town of which constable was an officer liable under this section. Lowell v. Stannard, 90 Vt. 443, 98 A. 925 (1916).

It is duty of town clerk to provide alphabet or index for book used for recording evidences respecting titles to lands or real estate, and to keep and preserve same with same truthfulness and care he is required to exercise in keeping books of record, and when injury has been sustained by anyone, by reason of neglect in this respect, town is liable. Hunter v. Windsor, 24 Vt. 327 (1852).

Where plaintiff in action against town and town clerk for breach of official duty of town clerk alleged that clerk refused to show record and concealed incumbrance in his official capacity, though allegedly inquired of in such capacity, cause of action was stated. Lyman v. Windsor, 24 Vt. 575 (1852).

6. Causation.

To enable party to sue for neglect, it must appear that neglect was cause of damage sustained. Hunter v. Windsor, 24 Vt. 327 (1852).

7. Mandamus against officer.

Where town sought mandamus to compel town clerk to discontinue photostatic process of recording instruments, and to recopy all records so made, defense of lack of sufficient interest to maintain action was unavailing, since town was liable for damages accruing through neglect or default of town clerk, under this section. Bennington v. Booth, 101 Vt. 24, 140 A. 157 (1927), (See § 1154 of this title.)

8. Pleading.

Town would not be held liable under this section where complaint was not brought under this section and claim of liability under this section was made for the first time on appeal. Morse v. King, 137 Vt. 49, 398 A.2d 299 (1979).

9. Parties.

Joint action may be maintained against the officer and the town. Lyman v. Windsor, 24 Vt. 575 (1852).

10. Evidence.

In action of tort against town under this section for constable's neglect to complete attachment, question that only evidence in case is that property which constable attempted to attach belonged to debtor and wife could not be raised by exception to judgment. Roberge v. Troy, 105 Vt. 134, 163 A. 770 (1932).

If judgment of which town had no notice was rendered against constable, it was not conclusive evidence against the town of default and neglect of constable. Bramble v. Poultney, 11 Vt. 208 (1839).

11. Damages.

Expenses incurred by judgment creditor in prosecuting suit against receiptor for personal property under attachment, is not damage accruing by neglect or default of constable which town is required to make good under this section. Lowell v. Stannard, 90 Vt. 443, 98 A. 925 (1916).

Measure of damages in action against town by purchaser of land sold by constable for taxes, to recover for constable's neglect in his proceedings, in consequence of which no valid title was conveyed by his deed, is amount of money paid by purchaser for the deed, with interest. Saulters v. Victory, 35 Vt. 351 (1862).

§ 835. Payment of premiums.

Bonds required of officers of a municipality shall be paid for by the municipality requiring the same.

History

Source. V.S. 1947, § 3791. P.L. § 3696. 1933, No. 157 , § 3469a. 1919, No. 229 .

Subchapter 3. Organization of Selectboard; Appointments; Powers

§ 871. Organization of selectboard; appointments.

  1. Forthwith after its election and qualification, the selectboard shall organize and elect a chair and, if so voted, a clerk from among its number, and file a certificate of such election for record in the office of the town clerk.
  2. The selectboard shall appoint a tree warden, who need not be a resident of the municipality, and may appoint from among the registered voters the following officers who shall serve until their successors are appointed and qualified and shall certify the appointments to the town clerk who shall record the same:
    1. three fence viewers;
    2. a poundkeeper, for each pound; voting residence in the town need not be a qualification for this office provided appointee gives his or her consent to the appointment;
    3. one or more inspectors of lumber, shingles, and wood;
    4. one or more weighers of coal;
    5. one town service officer; and
    6. one grand juror.
  3. After the selectboard appoints a tree warden, the selectboard shall certify the appointment to the Commissioner of Forests, Parks and Recreation. The certification shall include contact information for the appointed tree warden.

    Amended 1963, No. 74 , § 2; 2007, No. 121 (Adj. Sess.), § 18; 2015, No. 71 (Adj. Sess.), § 2; 2017, No. 93 (Adj. Sess.), § 2; 2019, No. 171 (Adj. Sess.), § 1, eff. Nov. 1, 2020.

History

Source. V.S. 1947, § 3516. P.L. § 3439. 1933, No. 157 , § 3209. 1919, No. 97 . G.L. §§ 3925, 3926. 1917, No. 100 , § 1. 1917, No. 254 , §§ 3874, 3875. 1915, No. 113 . 1912, No. 118 , §§ 1, 2. 1910, No. 107 , §§ 1, 2. 1910, No. 108 , § 1. 1908, No. 82 , § 1. P.S. §§ 3426, 3427. R. 1906, § 3302. 1906, No. 92 , § 1. 1904, No. 76 , § 1. 1902, No. 55 , § 1. V.S. § 2980. 1892, No. 20 , §§ 4, 12. 1892, No. 56 , § 1. 1890, No. 5 , § 1. 1890, No. 43 . 1888, No. 9 , § 290. 1888, No. 146 , § 3. 1886, No. 14 . 1884, No. 58 , § 1. R.L. §§ 2658, 2660, 2661. 1880, No. 67 . 1870, No. 10 , § 5. 1869, No. 51 . 1866, No. 44 , § 1. 1864, No. 16 . G.S. 15, §§ 13, 15. G.S. 25, § 33. 1859, No. 26 , § 1. 1848, No. 34 . 1842, No. 12 . 1824, p. 11. R.S. 13, § 13. R. 1797, p. 293, § 2. R. 1797, p. 284, § 3. R. 1797, p. 287, § 10. R. 1787, p. 158.

Amendments--2019 (Adj. Sess.). Subsec. (b): In the introductory language, deleted "thereupon" twice and "from among the registered voters," inserted "who need not be a resident of the municipality," and substituted "the" for "such" following "shall certify."

Subsec. (c): Added.

Amendments--2017 (Adj. Sess.). Added the subsec. (a) and (b) designations and in subsec. (b), substituted "registered" for "legally qualified" preceding "voters" in two places, and added subdiv. (b)(6).

Amendments--2015 (Adj. Sess.). Subdiv. (5): Added.

Amendments--2007 (Adj. Sess.) Substituted "The selectboard shall thereupon appoint from among the legally qualified voters a tree warden and may" for "Such selectmen shall" in the second sentence of the introductory paragraph, deleted former subdiv. (5), and made minor stylistic and gender neutral changes throughout the section.

Amendments--1963. Subdiv. (2): Added "voting residence in the town need not be a qualification for this office provided appointee gives his consent to the appointment".

ANNOTATIONS

1. Construction with other laws.

It was the intent of the Legislature, under this section and § 713 of this title, that selectboard members should and can function as a board and that in most instances they must so function in order that their acts may have force. State v. Baldwin, 116 Vt. 112, 70 A.2d 242 (1950).

§ 872. Selectboard; general powers and duties.

  1. The selectboard shall have the general supervision of the affairs of the town and shall cause to be performed all duties required of towns and town school districts not committed by law to the care of any particular officer.
  2. The selectboard shall annually, on or before July 31, acknowledge receipt of and review the document made available by the Auditor of Accounts pursuant to 32 V.S.A. § 163(11) regarding internal financial controls and which has been completed and provided to the selectboard by the treasurer pursuant to section 1571 of this title.
  3. The selectboard may require any other officer or employee of the town who has the authority to receive or disburse town funds to complete and provide to the selectboard a copy of the document made available by the Auditor of Accounts pursuant to 32 V.S.A. § 163(11) . The officer or employee shall complete and provide the document to the selectboard within 30 days of the selectboard's requirement. The selectboard shall acknowledge receipt of and review the completed document within 30 days of receiving it from the officer or employee.

    Amended 2011, No. 155 (Adj. Sess.), § 26.

History

Source. V.S. 1947, § 3560. P.L. § 3483. G.L. § 3969. 1917, No. 254 , § 3918. P.S. § 3467. V.S. § 3016. 1888, No. 11 , § 3. R.L. § 2692. G.S. 15, § 45. R.S. 13, § 41. R. 1797, p. 284, § 3. R. 1787, p. 158.

Amendments--2011 (Adj. Sess.). Substituted "selectboard" for "selectmen" in the section heading and in subsec. (a); added the subsec. (a) designation; and added subsecs. (b) and (c).

ANNOTATIONS

Analysis

1. Supervisory powers.

Absent some specific statutory limitation on their authority, the selectboard have the general supervisory power over town matters. Kirchner v. Giebink, 150 Vt. 172, 552 A.2d 372 (1988).

Although constituted as a legislative body, the selectboard has general supervision of the town affairs and is required to undertake many administrative duties imposed and authorized by statutory law concerning the safety, convenience, and health of the townspeople. Lawton v. Town of Brattleboro, 128 Vt. 525, 266 A.2d 816 (1970).

A formal vote of the electorate is not an indispensable prerequisite to the selectboard's authority to function in the area of duties authorized and imposed by statute and concerning the safety, health, and convenience of the townspeople. Lawton v. Town of Brattleboro, 128 Vt. 525, 266 A.2d 816 (1970).

Selectboard has general supervision of town and their authority approximates that of general agents. Kaeser v. Starksboro, 116 Vt. 389, 77 A.2d 831 (1950).

2. Quasi-judicial functions.

Selectboard of town constitutes a quasi-judicial tribunal. In re Mattison, 120 Vt. 459, 144 A.2d 778 (1958).

Duties of selectboard as to maintenance and repair of highways are of quasi-judicial nature. Daniels v. Hathaway, 65 Vt. 247, 26 A. 970 (1892).

3. Borrowing.

Selectboard may borrow money from time to time as necessities of town require and may pledge credit of town to meet its current bills without vote of town. 1932 Op. Atty. Gen. 92.

Selectboard may authorize treasurer to borrow money in its stead or ratify his acts in that behalf. 1932 Op. Atty. Gen. 98.

Selectboard members of town are its prudential officers and have authority to borrow money for its use, or to authorize town treasurer to do so in their stead, or ratify his acts in that behalf. New Haven v. Weston, 87 Vt. 7, 86 A. 996 (1912).

4. Receipt of moneys.

Authority given to selectboard over prudential affairs of town does not authorize it to receive monies of town and execute discharges therefor. Middlebury v. Rood, 7 Vt. 125 (1835).

5. Purchases.

Municipality may not purchase machinery for sole purpose of renting it; the renting must be incidental to its real use for public purposes. 1932 Op. Atty. Gen. 276.

Vote of village trustees to purchase ledge outside village limits and locate stone crusher at it for purpose of providing stone to be used on streets, is an official act. Bates v. Horner, 65 Vt. 471, 27 A. 134 (1893).

6. Contracts.

Where town charter granted town authority to provide for collection and disposal of garbage and other refuse and authorized the selectboard to regulate and control the collection and disposal, town selectboard's letting of contract for the work without a prior vote of the town was the proper exercise of an administrative duty affecting the community's safety, convenience, and health. Lawton v. Town of Brattleboro, 128 Vt. 525, 266 A.2d 816 (1970).

Selectboard members of town in laying out highways are engaged in public and governmental undertaking, and are officers of State, but in this work they are agents of town in matter of engaging surveyors, buying materials, and employing help to construct road, and as long as they act within scope of their authority in these matters they bind town by their contracts. Stalbird v. Washington, 106 Vt. 213, 172 A. 623 (1934).

Selectboard of town had power to ratify contract made by foreman appointed by State highway commissioner involving purchase of stone wall for highway use, provided it acted in good faith and for best interests of town as it thought. Stalbird v. Washington, 106 Vt. 213, 172 A. 623 (1934).

7. Arbitration.

Selectboard has right to submit to arbitration claims against towns growing out of insufficiency of highways, and town is bound by award. Hollister v. Pawlet, 43 Vt. 425 (1871).

8. Legal matters.

Vote of town "to direct the town agent to manage the lawsuits as he thinks best," would not limit general authority of selectboard over subject. Cabot v. Britt, 36 Vt. 349 (1863).

Selectboard of town has power to settle and stop suit against party brought to recover penalty for not removing obstruction from highway under order of selectboard. Cabot v. Britt, 36 Vt. 349 (1863).

It is within scope of implied powers of selectboard to protect interests of town by employing counsel in road cases when town agent employs none and makes no objection to employment by selectmen; assent of town agent will be presumed where no dissent is shown. Burton v. Inhabitants of Norwich, 34 Vt. 345 (1861).

Selectboard of town cannot, without a vote of town for that purpose, discharge interest of witness so as to render him competent; neither can that be done by agent, appointed to defend suit, by virtue of his general powers as agent. Angel v. Pownal, 3 Vt. 461 (1831).

9. Rewards.

Selectboard cannot bind town by offer of reward for arrest and conviction of person guilty of removing body from its grave in a cemetery in town, where town's property was not injured and no statute cast upon town burden of prosecuting for such offenses. Spafford v. Norwich, 71 Vt. 78, 42 A. 970 (1898).

Selectboard members who, without authority, offer reward in name of town do not render themselves personally liable to one who acts upon and fulfills its conditions; for such person is bound to know, as well as they, that they have no such authority. Spafford v. Norwich, 71 Vt. 78, 42 A. 970 (1898).

10. Tax bills.

Selectboard under this section have control of an invalid tax bill; thus, where plaintiff, receiving tax bill as collector, advanced and paid into treasury amount of same and, when its illegality was discovered by selectboard, it instructed him not to force collections and promised to repay him what he did not collect by voluntary payment, promise was binding on town and payment by the collector was not under the ban of voluntary payment. Miles v. Albany, 59 Vt. 79, 7 A. 601 (1886).

11. Ordinances.

Legislative power delegated to a municipality by the State must be exercised to the legislators to whom it is granted, and an ordinance enacted by selectboard under a power delegated to the voters is without legal force and effect. Lawton v. Town of Brattleboro, 128 Vt. 525, 266 A.2d 816 (1970).

12. Liability.

Municipal officer is not liable to private individual for result of act that is strictly within his official powers and duties. Bates v. Horner, 65 Vt. 471, 27 A. 134 (1893).

13. Town clerk.

Under this section, selectboard has no express power to require town clerk who keeps his records in lawful manner to conform to its ideas as to what method he shall use, and notice attempting so to do is without authority. Bennington v. Booth, 101 Vt. 24, 140 A. 157 (1927).

Selectboard members of town were not personally liable for injury sustained through defect in a public highway in that town. Daniels v. Hathaway, 65 Vt. 247, 26 A. 970 (1892).

14. Road commissioner.

There is no authority in selectboard of a town to prescribe method by which road commissioner performs his duties, nor any power to prevent his carrying out of his official responsibilities by imposition by them of arbitrary restrictions. Couture v. Selectmen of Berkshire, 121 Vt. 359, 159 A.2d 78 (1960).

Neither road commissioner nor town selectboard can rightfully prevent each other's proper performance of duties by wrongfully denying access to necessary equipment. Couture v. Selectmen of Berkshire, 121 Vt. 359, 159 A.2d 78 (1960).

15. Leases.

The lease of public land for 15 years with an option to renew fell within the supervisory power of the selectboard, despite the town's prior vote to limit leases to 15 years. L'Esperance v. Town of Charlotte, 167 Vt. 162, 704 A.2d 760 (1997).

16. Library trustees.

Even though town selectboards and town managers have general supervisory powers over town affairs, pursuant to 22 V.S.A. § 143(a), library trustees have the "full power to manage" municipal public libraries, including the authority to set the level of compensation for the town librarian. Hartford Bd. of Library Trustees v. Town of Hartford, 174 Vt. 598, 816 A.2d 512 (mem.) (2002).

Cited. Town of Fair Haven v. Stannard, 111 Vt. 49, 10 A.2d 214 (1939).

§ 873. Repealed. 1967, No. 147, § 53(b), eff. Oct. 1, 1968.

History

Former § 873. Former § 873, relative to power of selectmen, was derived from V.S. 1947, § 3592; 1935, No. 61 , § 2; P.L. § 3514; G.L. § 3992; P.S. § 3491; V.S. § 3040; 1890, No. 43 , § 1; 1884, No. 58 , § 1.

Subchapter 4. Actions by or Against Officers; Liability; Penalties

§ 901. Actions by or against town officers.

  1. Where an action is given to any appointed or elected municipal officer or town school district officer, the action shall be brought in the name of the town in which the officer serves and in the case of a town school district officer in the name of the town school district.  If the action is given against such officers, it shall be brought against such town or town school district, as the case may be.
  2. The municipality shall assume all reasonable legal fees incurred by an officer when the officer was acting in the performance of his or her duties and did not act with any malicious intent.

    Amended 1967, No. 147 , § 36, eff. Oct. 1, 1968; 1973, No. 235 (Adj. Sess.), § 1.

History

Source. V.S. 1947, § 3660. P.L. § 3575. G.L. § 4043. 1917, No. 254 , § 3993. P.S. § 3538. V.S. § 3086. R.L. § 2752. G.S. 85, § 16. R.S. 78, § 13. 1817, p. 113.

Amendments--1973 (Adj. Sess.). Section amended generally.

Amendments--1967. Deleted "overseer of the poor".

ANNOTATIONS

Analysis

1. Contracts.

Contract with selectboard as such is enforceable in name of town. Grand Isle v. Kinney, 70 Vt. 381, 41 A. 130 (1898).

2. Notes.

Note made payable to selectboard of town must be used on in name of town. Middlebury v. Case, 6 Vt. 165 (1834).

3. Bonds.

On bond given to selectboard of town, conditioned for the performance of a duty for the town, action may be sustained in name of town. Fairfax v. Soule, 10 Vt. 154 (1838).

4. Parties.

24 V.S.A. § 901(a) required that an action that residents filed against an incorporated village and village trustees be brought solely against the village because § 901 applied to officers of all municipal corporations. The village was a municipality under 1 V.S.A. § 126, and the trustees were municipal officers. Merrill v. Village of N. Troy, - F. Supp. 2d - (D. Vt. Dec. 19, 2008).

Suits against police officers acting in their official capacities must be brought against the municipality. Hee v. Everlof, 812 F. Supp. 1350 (D. Vt. 1993).

5. Construction with other laws.

Superior Court acted correctly in dismissing plaintiff firefighter's discrimination action against fire chief under the Vermont Fair Employment Practices Act because this section required that the action be brought against the city. Gallipo v. City of Rutland, 173 Vt. 223, 789 A.2d 942 (2001).

Since village fire chief is a "public officer" subject to 24 V.S.A. § 1313, he may be sued in his individual capacity as fire chief and is not entitled to summary judgement under 24 V.S.A. § 901(a), which would require injured firefighter to bring his negligence action against the village. Holmberg v. Brent, 161 Vt. 153, 636 A.2d 333 (1993).

If an individual is both a "municipal officer" under 24 V.S.A. § 901(a) and a "duly appointed public officer" of a village under 24 V.S.A. § 1313, then only § 1313 may apply to actions against the individual. Holmberg v. Brent, 161 Vt. 153, 636 A.2d 333 (1993).

6. Fees.

Regardless of whether the selectboard followed the correct procedures when it raised a town treasurer's bond requirement, the intent of the statute providing legal fees to municipal officers is not to provide attorney's fees to municipal employees who have disputes with the town regarding the termination of their employment. Stone v. Town of Irasburg, 196 Vt. 356, 98 A.3d 769 (2014).

7. Waiver of immunity.

Statute governing actions by and against town officers effects a limited waiver of municipal immunity; thus, in a case arising from the alleged negligence of a road commissioner, the statute placed the town in the road commissioner's shoes, subject to any defenses available to the road commissioner. Civetti v. Turner, - Vt. - , 233 A.3d 1056 (Apr. 3, 2020).

Cited. Hudson v. Town of East Montpelier, 161 Vt. 168, 638 A.2d 561 (1993).

§ 901a. Tort claims against municipal employees.

  1. As used in this section, "municipal employee" means any person employed for a wage or salary by a municipality; a volunteer whose services have been requested by the legislative body of a municipality; a volunteer whose services have been requested by a municipal officer; or a volunteer whose services have been requested by an employee of the municipality acting within the scope of the employee's authority.
  2. When the act or omission of a municipal employee acting within the scope of employment is alleged to have caused damage to property, injury to persons, or death, the exclusive right of action shall lie against the municipality that employed the employee at the time of the act or omission; and no such action may be maintained against the municipal employee or the estate of the municipal employee.
  3. When a municipality assumes the place of a municipal employee in an action as provided in subsection (b) of this section, the municipality may assert all defenses available to the municipal employee, and the municipality shall waive any defense not available to the municipal employee, including municipal sovereign immunity.
    1. The municipality shall defend and indemnify a municipal employee for any legal costs if a municipal employee is improperly named as a defendant in a proceeding. (d) (1)  The municipality shall defend and indemnify a municipal employee for any legal costs if a municipal employee is improperly named as a defendant in a proceeding.
    2. The municipality shall defend or, when a cause of action contains elements not covered by insurance, reimburse legal defense and expense costs incurred by a municipal employee in the event that a municipal employee is named as a party under subsection (e) of this section and the employee is dismissed from the matter before the entry of a judgment by the court or the acts or omissions of the employee are determined not to be willful, intentional, or outside the scope of the employee's authority.
  5. This section shall not apply to an act or omission of a municipal employee that was willful, intentional, or outside the scope of the employee's authority.
  6. When two or more conflicting statutes provide protection to a municipal employee whose act or omission is alleged to have caused damage to property, injury to persons, or death, a court shall apply the statute that grants greater protection to the municipal employee.

    Added 2003, No. 62 , § 1; see effective date note below.

History

Effective date of 2003 enactment. 2003, No. 62 , § 5(b) provides that Sec. 1 [which enacts this section] and Sec. 3 [which amends 24 V.S.A 1981] shall take effect for acts and omissions occurring on or after July 1, 2003.

ANNOTATIONS

Analysis

1. Intentional or willful act.

Because statute plainly excluded willful and intentional acts, town did not assume officer's place in grandfather's claims for false arrest, malicious prosecution, and intentional infliction of emotional distress and was shielded from liability by doctrine of municipal immunity; town was not shielded from liability for gross negligence claims, but those claims failed because officer did not owe grandfather legally enforceable duty of care. Simuro Ex Rel. K.S. v. Shedd, 176 F. Supp. 3d 358 (D. Vt. Mar. 31, 2016).

2. Applicability.

Statute governing tort claims against municipal employees, which expressly waives municipal immunity and puts the town in the shoes of its employees in the context of claims for negligence, applied to claims stemming from the alleged negligence of a road commissioner. Civetti v. Turner, - Vt. - , 233 A.3d 1056 (Apr. 3, 2020).

Definition of "municipal employee" includes any person employed for a wage or salary by a municipality - as well as volunteers whose services have been formally requested by municipal officers, employees, or legislative bodies. This broad definition of "municipal employee" contains no qualification suggesting an intent to exclude people employed for a wage or salary by a municipality when they are statutory town officers. Civetti v. Turner, - Vt. - , 233 A.3d 1056 (Apr. 3, 2020).

§ 902. Penalty.

Unless otherwise provided, a town officer who fails or neglects to perform a duty imposed upon him or her by law shall be fined not more than $100.00.

History

Source. V.S. 1947, § 3661. P.L. § 3576. 1933, No. 157 , § 3331.

ANNOTATIONS

1. Liability.

Under this section selectboard member is liable for ordinary or simple neglect to perform duty. State v. Baldwin, 116 Vt. 112, 70 A.2d 242 (1950).

§ 903. Nonliability of municipal officers for money paid out.

An action shall not be maintained against a person for money paid out by him or her as an officer of a municipal corporation in accordance with a vote of such corporation, whether such vote was valid or not.

History

Source. V.S. 1947, § 3790. P.L. § 3695. G.L. § 4153. P.S. § 3621. 1896, No. 59 , § 1.

Subchapter 5. Compensation and Claims

§ 931. Claims for personal services.

Claims for personal services, except where compensation is fixed by law or by vote of the town or town school district, shall not be allowed to a town or town school district officer, but the auditors shall report claims and the nature and extent of the services at such meeting.

History

Source. V.S. 1947, § 3517. 1904, No. 77 , § 14. P.S. §§ 3510, 3631. V.S. § 3060. R.L. § 2728. G.S. 15, § 85. P.L. § 3440. 1933, No. 157 , § 3210. G.L. §§ 4011, 4173. 1917, No. 254 , § 3959. 1860, No. 21 , § 2.

ANNOTATIONS

Analysis

1. Lister's compensation.

Lister can recover only such compensation for his services as town votes him, in case where long usage is not element. Senna v. Kennedy, 68 Vt. 172, 34 A. 691 (1896); Barnes v. Bakersfield, 57 Vt. 375 (1885).

2. Alderman's compensation.

There is no authority in general law for payment of compensation to aldermen, unless awarded by voters of city. McFarland v. Gordon, 70 Vt. 455, 41 A. 507 (1898).

3. Tax collector.

Collector cannot maintain action against town, where selectboard caused taxes to be collected through some other agency, for what he would have realized from their collection, although by law it was his duty to collect them. Woodward v. Rutland, 61 Vt. 316, 17 A. 797 (1889).

4. Vote.

Town officer cannot recover pay for his services unless by express vote of town, or an equivalent. Boyden v. Brookline, 8 Vt. 284 (1836).

§ 932. Town may vote compensation.

A town may vote to compensate any or all town officers for their official services. Such town in annual meeting may fix the compensation of such officers and of town employees.

History

Source. V.S. 1947, § 3518. P.L. § 3441. 1933, No. 157 , § 3211. G.L. §§ 220, 3942, 4006. 1917, No. 254 , §§ 222, 3954. P.S. §§ 170, 3442, 3505. R. 1906, § 156. 1902, No. 3 , § 1. V.S. §§ 2993, 3055. R.L. §§ 2673, 2724. G.S. 15, §§ 24, 82. R.S. 13, §§ 23, 63. R. 1797, p. 287, § 7.

§ 933. Selectboard may fix; when.

When a town does not fix the amount of the compensation to be paid such officers and town employees, the selectboard shall fix and determine the same except as to their own pay which shall be fixed by the auditors at the time of the annual town audit. If the town has voted to eliminate the office of auditor and the voters fail to fix the compensation to be paid to members of the selectboard, selectboard members shall be compensated at the rate at which they were compensated during the immediately preceding year.

Amended 1997, No. 83 (Adj. Sess.), § 3.

History

Source. V.S. 1947, § 3519. P.L. § 3442. 1933, No. 157 , § 3212. G.L. §§ 220, 3993, 4173. 1917, No. 254 , § 222. P.S. §§ 170, 3492, 3631. R. 1906, § 156. 1904, No. 77 , § 14. 1902, No. 3 , § 1. V.S. § 3041. 1890, No. 43 , § 2. 1884, No. 58 , § 3.

Amendments--1997 (Adj. Sess.). Substituted "selectboard" for "selectmen" in the section heading and in the first sentence, and added the second sentence.

Law review commentaries

Law review. For note, "A Crisis in Confidence: Municipal Officials Under Fire," see 16 Vt. L. Rev. 579 (1992).

§ 934. Selectboard to adjudicate claims.

The selectboard shall audit and in its discretion may allow claims against the town and draft orders therefor.

History

Source. V.S. 1947, § 3520. P.L. § 3443. 1933, No. 157 , § 3213. G.L. § 3973. P.S. § 3471. V.S. § 3020. R.L. § 2695. G.S. 15, § 52. R.S. 13, § 47.

2016. Substituted "selectboard" for "selectmen" in the section heading and in the text and "its" for "their" preceding "discretion", in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

ANNOTATIONS

Analysis

1. Arbitration.

Selectboard has power to submit to arbitration any claims against the town, as it is authorized to audit and adjust; and town will be bound by award made in pursuance of such submission. Dix v. Dummerston, 19 Vt. 262 (1847).

If town appoints agent to compromise disputed claim for damages on account of road laid across plaintiff's land by selectboard, such agent may refer question of amount to be paid to arbitrators; and town will be bound by award. Schoff v. Bloomfield, 8 Vt. 472 (1836).

2. Claims by selectboard members.

Where defendant's selectboard members, acting, as they supposed, in discharge of their official duty, paid large sum of money in endeavoring to ascertain liability of town upon its subscription in aid of railroad, presented items of their expenditure to town auditors, who found that expenditures were made, and issued orders upon town treasurer to themselves, or bearer, for their reimbursement, such orders did not bind the town, since it was no part of auditors' duty to audit and allow such claims, and since selectboard members, who being themselves claimants and therefore in no position to represent adverse interests of the town, had no authority to draw them. Davenport v. Johnson, 49 Vt. 403 (1877).

Subchapter 6. Vacancies in Town Offices

§ 961. Vacancy or suspension of officer's duties.

  1. When a municipal officer resigns the officer's office, has been removed from the office, dies, becomes unable to perform the officer's duties due to a mental condition or psychiatric disability, or removes from town, the office shall become vacant. Notice of this vacancy shall be posted by the legislative body in at least two public places in the municipality, and in and near the municipal clerk's office, within 10 days of the creation of the vacancy.
  2. In the event there are so many vacancies on the legislative body that a quorum cannot be achieved, the remaining member or members of the legislative body shall be authorized to draw orders for payment of continuing obligations and necessary expenses until the vacancies are filled pursuant to section 963 of this title.
  3. The legislative body of a county, municipality, or special purpose district may designate a person to perform the duties of an officer whose duties have been suspended as a condition of release pending trial for violating 13 V.S.A. § 2537 .
  4. When a municipal officer refuses or neglects within 30 days of election or appointment to take an oath of office pursuant to section 831 of this title, the office shall become vacant. However, the office shall not be deemed vacant until the legislative body of the municipality has warned a regular meeting for that purpose and affords the municipal officer the opportunity to take the oath of office at the meeting.

    Amended 1981, No. 239 (Adj. Sess.), § 27; 1993, No. 115 (Adj. Sess.), § 1, eff. March 30, 1994; 2007, No. 169 (Adj. Sess.), § 5; 2013, No. 96 (Adj. Sess.), § 150; 2021, No. 16 , § 1.

History

Source. 1949, No. 25 , § 3. V.S. 1947, § 3526. 1947, No. 202 , § 3548. 1935, No. 60 , § 1. P.L. § 3449. 1933, No. 157 , § 3219.

Amendments--2021. Subsecs. (a) and (b): Amended generally.

Subsec. (d): Added.

Amendments--2013 (Adj. Sess.). Subsec. (a): Substituted "becomes unable to perform his or her duties due to a mental condition or psychiatric disability," for "becomes insane" in the first sentence following "or dies, or" in the first sentence.

Amendments--2007 (Adj. Sess.). Catchline: Inserted "or suspension of officer's duties" following "Vacancy".

Subsec. (c): Added.

Amendments--1993 (Adj. Sess.). Designated the existing provisions of the section as subsec. (a), added "or her" following "resigns" in the first sentence of that subsection, and added subsec. (b).

Amendments--1981 (Adj. Sess.). Section amended generally.

§ 962. Special meeting.

A town at a special meeting may fill a vacancy in a town office.

History

Source. V.S. 1947, § 3527. P.L. § 3450. G.L. § 3935. P.S. § 3435. V.S. § 2987. R.L. § 2667. 1864, No. 17 . G.S. 15, § 21. R.S. 13, § 20. R. 1797, p. 290, § 13. 1793, p. 48. R. 1787, p. 33.

§ 963. Duties of selectboard; special meeting.

  1. When a vacancy occurs in any town office, the selectboard forthwith by appointment in writing shall fill such vacancy until an election is had; except that in the event of vacancies in a majority of the selectboard at the same time, such vacancies shall be filled by a special town meeting called for that purpose.
  2. The selectboard shall file an appointment made under this section in the office of the town clerk and the town clerk shall duly record it in the book of town records.
  3. If there are no selectboard members in office, the Secretary of State shall call a special election to fill any vacancies and for that interim shall appoint and authorize the town clerk or another qualified person to draw orders for payment of continuing obligations and necessary expenses until the vacancies are filled.

    Amended 1981, No. 239 (Adj. Sess.), § 28; 1993, No. 115 (Adj. Sess.), § 2, eff. March 30, 1994; 2017, No. 50 , § 60.

History

Source. 1949, No. 72 . V.S. 1947, § 3528. 1947, No. 202 , § 3550. P.L. § 3451. 1933, No. 157 , § 3221. 1923, No. 64 , § 1. G.L. § 3936. P.S. § 3436. V.S. § 2988. R.L. § 2668. 1878, No. 85 , § 3. 1872, No. 57 . 1870, No. 34 . G.S. 15, §§ 22, 41. R.S. 13, §§ 21, 37. 1823, p. 24.

2016. In the first sentence substituted "selectboard" for "board of selectpersons" to use the standard name for that municipal legislative body.

Amendments--2017. Section heading: Substituted "selectboard" for "selectpersons".

Subsecs. (a)-(c): Added the subsec. designations.

Subsec. (a): Substituted "selectboard" for "selectpersons".

Subsec. (b): Amended generally.

Subsec. (c): Substituted "selectboard members" for "selectpersons".

Amendments--1993 (Adj. Sess.). Substituted "selectpersons" for "selectmen" wherever it appeared and "the town clerk" for "him" following "recorded by" in the second sentence and added "and for that interim shall appoint and authorize the town clerk or another qualified person to draw orders for payment of continuing obligations and necessary expenses until the vacancies are filled" following "to fill any vacancies" in the third sentence.

Amendments--1981 (Adj. Sess.). Substituted "vacancies in a majority of" for "more than one vacancy on" following "in the event of" in the first sentence and added the third sentence.

ANNOTATIONS

Analysis

1. Extent of power.

Selectboard had no authority to make new appointment to any town office unless vacancy occurred in one of modes specified in the statute. Cummings v. Clark, 15 Vt. 653 (1843).

2. Single vacancy.

As to filling a single vacancy on the Town of Brattleboro selectboard, the town charter prevails because it is more specific to the town than this section. Town of Brattleboro v. Garfield, 180 Vt. 90, 904 A.2d 1157 (June 16, 2006).

Subchapter 7. Annual Settlements; Records; Monies

§ 991. Records to be delivered to successor.

When a town or town school district office becomes vacant by expiration of the term of office of the incumbent, or otherwise, and a successor is elected or appointed, on demand, he or she shall be entitled to receive from the last incumbent of the office or anyone having possession of the same the records, files, books, and papers of such office, or property of the town or the town school district, as the case may be. A person having such records, files, books, papers, or other property in his or her possession who refuses for ten days after such demand to surrender the same shall be fined $10.00 for each week's refusal.

History

Source. V.S. 1947, § 3609. P.L. § 3526. 1933, No. 157 , § 3291. G.L. § 4012. 1917, No. 254 , § 3960. P.S. § 3511. V.S. § 3061. R.L. §§ 2687, 2720, 2847. 1884, No. 25 . G.S. 15, §§ 40, 75. G.S. 20, § 33. R.S. 13, §§ 36, 57. R. 1797, p. 279, § 22. R. 1797, p. 284, § 3. R. 1797, p. 295, § 23.

§ 992. Annual settlements; penalty.

Not less than 25 days before each annual town meeting, all officials and other persons authorized to receive or disburse money belonging to a town shall settle their accounts with the auditors of such town, and the treasurer shall include in such settlement his or her accounts as town school district treasurer. When an officer refuses or neglects to make such settlement, he or she shall be ineligible to reelection for the year ensuing.

History

Source. V.S. 1947, § 3610. P.L. § 3527. 1933, No. 157 , § 3292. 1923, No. 65 , § 1. G.L. § 4013. 1917, No. 254 , § 3961. 1915, No. 117 , § 3. 1912, No. 120 , § 3. P.S. § 3512. V.S. § 3062. 1892, No. 56 , § 14. R.L. § 2734. 1880, No. 113 , § 3.

Revision note. Deleted "of" preceding "his accounts as town school district treasurer" at the end of the first sentence to correct a grammatical error.

ANNOTATIONS

1. Time for settlement.

Under this section, accounts of town liquor agency may be settled as of January 31 each year. State v. Town of Brattleboro, 68 Vt. 520, 35 A. 472 (1896).

§ 993. Money to be paid over; penalty.

When a person who has served as a town or a town school district officer does not at the expiration of his or her term of office forthwith pay to the proper treasurer all money in his or her hands belonging to the town or town school district, he or she shall be fined not more than $200.00. The town or town school district, as the case may be, may recover such money of such person in a civil action on this statute.

History

Source. V.S. 1947, § 3611. P.L. § 3528. G.L. § 4014. 1917, No. 254 , § 3962. P.S. § 3513. V.S. § 3063. R.L. §§ 2720, 2721, 2848. G.S. 15, §§ 75, 76. G.S. 20, §§ 34, 35. R.S. 13, §§ 57, 58. R.S. 16, §§ 29, 30. R. 1797, p. 279, § 22. R. 1797, p. 284, § 3.

Revision note. Substituted "a civil action" for "an action of contract" to conform to Rule 2, Vermont Rules of Civil Procedure, pursuant to 1971, No. 185 (Adj. Sess.), § 236(d). See note under 4 V.S.A. § 219.

Subchapter 8. Inspectors of Lumber; Wiring; Weighers of Coal

§ 1031. Inspector of lumber, shingles, and wood.

At the request of any party interested, an inspector of lumber, shingles, and wood shall examine and classify the quality of lumber and shingles, measure lumber, shingles, and wood, and give certificates thereof.

History

Source. V.S. 1947, § 3612. P.L. § 3529. 1933, No. 157 , § 3295. G.L. § 4015. 1917, No. 254 , § 3963. P.S. §§ 3514, 6261. V.S. §§ 3064, 5372. R.L. §§ 2729, 4516. 1869, No. 51 . G.S. 125, § 8. R.S. 105, § 7. 1802, p. 76.

§ 1032. Weigher of coal.

A weigher of coal shall be sworn and shall not be directly or indirectly interested in the sale of coal. Upon request of the seller or purchaser, he or she shall weigh all coal sold in his or her town.

History

Source. V.S. 1947, § 3613. P.L. § 3530. G.L. § 4016. 1910, No. 108 , § 1. P.S. § 3427. 1906, No. 92 , § 1. 1902, No. 55 , § 1. V.S. § 2980. P.L. § 2658. 1869, No. 51 . G.S. 15, § 13. 1842, No. 12 . R.S. 13, § 13. 1824, p. 11. R. 1797, p. 284, § 3. R. 1787, p. 158.

Cross References

Cross references. Sale of coal, see 9 V.S.A. § 2700.

§ 1033. Inspector of wiring.

A municipality may authorize the selectboard, mayor and board of aldermen, or trustees to appoint an inspector of electric wiring and fix his or her compensation.

History

Source. V.S. 1947, § 3763. P.L. § 3666. 1933, No. 157 , § 3437. 1921, No. 109 .

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Revision note - "Mayor, and board of aldermen" was added pursuant to V.S. 1947, § 3759, codified as § 2001 of this title.

Cross References

Cross references. Municipal inspection of electrical installations, see 26 V.S.A. § 898.

Subchapter 9. Agent to Convey Real Property

§ 1061. Conveyance of real estate.

    1. If the legislative body of a town or village desires to convey municipal real estate, the legislative body shall give notice of the terms of the proposed conveyance by posting a notice in at least three public places within the municipality, one of which shall be in or near the municipal clerk's office. Notice shall also be published in a newspaper of general circulation within the municipality. The posting and publication required by this subsection shall occur at least 30 days prior to the date of the proposed conveyance. Unless a petition is filed in accordance with subdivision (2) of this subsection, the legislative body may authorize the conveyance. (a) (1)  If the legislative body of a town or village desires to convey municipal real estate, the legislative body shall give notice of the terms of the proposed conveyance by posting a notice in at least three public places within the municipality, one of which shall be in or near the municipal clerk's office. Notice shall also be published in a newspaper of general circulation within the municipality. The posting and publication required by this subsection shall occur at least 30 days prior to the date of the proposed conveyance. Unless a petition is filed in accordance with subdivision (2) of this subsection, the legislative body may authorize the conveyance.
    2. If a petition signed by five percent of the legal voters of the municipality objecting to the proposed conveyance is presented to the municipal clerk within 30 days of the date of posting and publication of the notice required by subdivision (1) of this subsection, the legislative body shall cause the question of whether the municipality shall convey the real estate to be considered at a special or annual meeting called for that purpose. After the meeting, the real estate may be conveyed unless a majority of the voters of the municipality present and voting vote to disapprove of the conveyance.
  2. As an alternative to the procedures set forth in subsection (a) of this section, the legislative body may elect to have the voters decide, at an annual or special meeting warned for that purpose, whether the real estate should be conveyed. If a majority of the voters of the municipality present and voting vote to approve the proposed conveyance, the real estate may be conveyed.
  3. Notwithstanding the provisions of subsections (a) and (b) of this section, the legislative body of a town or village may authorize the conveyance of municipal real estate if the conveyance:
    1. Is directly related to the control, maintenance, construction, relocation, or abandonment of highways.
    2. Is directly related to the control, maintenance, operation, improvement, or abandonment of a public water, sewer, or electric system.
    3. Involves real estate used for housing or urban renewal projects under chapter 113 of this title.
    4. Involves lease land pursuant to chapter 65, subchapter 1 of this title.
  4. Subject to the provisions of subsections (a) and (b) of this section, real estate owned by a city, town, village, or town school district may be conveyed by an agent designated by the legislative body for that purpose, and the conveyance shall be under the hand and seal of the agent. The legislative body shall certify the designation of an agent and have the certificate recorded by the clerk.
  5. Nothing in this section shall be construed to impair or affect the authority or responsibility of any municipality or the legislative body thereof with respect to any real estate held or acquired in a fiduciary capacity.
  6. Nothing in this section shall be construed to impair or affect any provisions in a charter of a town or village involving the conveyance of real estate.

    Amended 1993, No. 151 (Adj. Sess.), § 1; 2017, No. 152 (Adj. Sess.), § 2; 2019, No. 84 (Adj. Sess.), § 2.

History

Source. V.S. 1947, § 3656. P.L. § 3571. 1923, No. 68 . G.L. § 4031. 1917, No. 254 , § 3981. P.S. § 3529. V.S. § 3082. R.L. § 2750. G.S. 15, § 98. R.S. 13, § 80.

Amendments--2019 (Adj. Sess.). Subsec. (d): Subsection amended generally.

Amendments--2017 (Adj. Sess.). Subdiv. (c)(4): Added.

Amendments--1993 (Adj. Sess.). Section amended generally.

Applicability--1993 (Adj. Sess.) amendment. 1993, No. 151 (Adj. Sess.), § 2, provided: "This act [which amended this section] shall not apply to a town or village in which the legislative body entered into good faith negotiations to convey real estate before the effective date of this act [July 1, 1994] as evidenced by a memorandum of understanding or other similar writing."

Subchapter 10. Pension System; Insurance

§ 1091. Pension system.

A municipality having a population of at least 5,000 according to the latest preceding U.S. census may adopt a pension system for its employees. However, a municipality having a population of less than 5,000 may adopt a pension system for its employees, if such municipality at its annual meeting so votes by a two-thirds vote of the voters present and voting.

History

Source. 1949, No. 81 . V.S. 1947, § 3792. 1947, No. 45 , § 1. P.L. § 3697. 1933, No. 157 , § 3470. 1929, No. 61 , § 1.

Cross References

Cross references. Municipal employees' retirement system, see chapter 125 of this title.

§ 1092. Insurance contracts.

By its legislative branch, as defined by section 1751 of this title, a municipal corporation may contract in the name of the municipality with an insurance company authorized to do business in this State to secure the benefits of all forms of insurance for the employees of the municipality, and for all forms of liability insurance but not limited to liability insurance to cover motor vehicles owned and operated by the municipality, and drivers thereof, and for fire, extended coverage, general liability insurance to cover public building, premises, and activities of the municipality, and liabilities which may accrue to the municipality under sections 901 and 902 of this title on any terms and conditions as to contributions and costs as the legislative branch shall determine. Provisions for the insurance heretofore made by a municipality are hereby approved. In addition, a municipal corporation may secure insurance to cover liabilities which may accrue to the municipality under section 901 of this title.

Amended 1959, No. 211 , § 2; 1967, No. 266 (Adj. Sess.), § 1, eff. March 6, 1968; 1973, No. 235 (Adj. Sess.), § 2; 1975, No. 122 , § 1, eff. April 22, 1975.

History

Source. V.S. 1947, § 3793. 1943, No. 43 , § 1.

Amendments--1975. In the last sentence substituted "may" for "shall" secure insurance.

Amendments--1973 (Adj. Sess.). Omitted the words "as owner" following the words "in the name of the municipality". Added provisions to provide for liabilities which may accrue under sections 901 and 902.

Amendments--1967 (Adj. Sess.). Provided for purchase of all forms of liability insurance.

Amendments--1959. Added the provisions relating to fire, extended coverage, and liability insurance to cover public buildings.

Cross References

Cross references. Insurance coverage as constituting waiver of sovereign immunity, see 29 V.S.A. § 1403.

ANNOTATIONS

Analysis

1. Purpose.

The purpose of this section is to grant discretionary authority to a municipality to contract for various kinds of insurance as a shield against liability claims if it so desires. Medlar v. Aetna Insurance Company, 127 Vt. 337, 248 A.2d 740 (1968).

2. Construction.

The plain, ordinary meaning of the word "may" in this section indicates that this section is permissive and not mandatory in its character and application. Medlar v. Aetna Insurance Company, 127 Vt. 337, 248 A.2d 740 (1968).

3. Coverage.

There is no language in this section that declares it mandatory that drivers of motor vehicles owned and operated by municipality must be covered against all tort liability, thus city could contract for less than complete liability coverage for drivers of city-owned motor vehicles. Medlar v. Aetna Insurance Co., 127 Vt. 337, 248 A.2d 740 (1968).

4. Worker's compensation.

Where provisions of Workmen's Compensation Act provides for benefits to injured employee of municipality, provision of city's automobile liability insurance that with respect to any person other than named insured it does not apply to employee with respect to injury to another employee injured in the course of his employment in an accident arising out of maintenance or use of a motor vehicle in the business of employer was not in violation of this section and did not have as its object, operation or tendency any surrender of rights prejudicial to the public welfare or interest. Medlar v. Aetna Insurance Co., 127 Vt. 337, 248 A.2d 740 (1968).

5. Waiver of immunity.

This section does not impose an absolute duty on city to carry liability insurance on its motor vehicles and drivers but if there is insurance coverage the defense of governmental immunity is not available to the municipality since it is waived by provisions of 29 V.S.A. § 1403. Medlar v. Aetna Insurance Company, 127 Vt. 337, 248 A.2d 740 (1968).

Cited. Town of Milton v. Brault, 132 Vt. 377, 320 A.2d 630 (1974); Roman Catholic Diocese v. Winooski Housing Authority, 137 Vt. 517, 408 A.2d 649 (1979).

Subchapter 11. Personnel Rules

§ 1121. Authority to adopt.

  1. A municipality may adopt rules relating to personnel administration, including the following: job classification, tenure, retirement, pensions, leaves of absence, vacations, holidays, hours of work, group insurance, salaries, layoff, reinstatement, promotion, demotion, dismissal, transfer, injury, settlement of disputes, and appeals.
  2. The personnel rules may apply to any or all employees of a municipality, including officers and employees of a fire department or police department maintained by the municipality.  Rules adopted by the selectboard of a town under this subchapter shall not apply to employees of a town school district.

    Added 1969, No. 170 (Adj. Sess.), § 4, eff. March 2, 1970.

History

2016. In subsec.(b), substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

ANNOTATIONS

Analysis

1. Construction.

While this section empowers municipalities to adopt personnel regulations, the authority is conveyed through the permissive "may" and should not be read as necessarily restricting a municipality's power to dismiss its employees to local rules that the municipality may or may not adopt. Gadue v. Essex Junction, 133 Vt. 282, 336 A.2d 182 (1975).

2. Retroactive provisions.

Absent express statutory or constitutional language to the contrary, the ability to enact retroactive provisions to firefighter' pension ordinance may be necessarily and fairly implied from the powers that have been expressly granted to municipalities to adopt firefighter pensions. Burlington Fire Fighters' Ass'n v. City of Burlington, 149 Vt. 293, 543 A.2d 686 (1988).

3. Library trustees.

Even though town selectboards and town managers have general supervisory powers over town affairs, pursuant to 22 V.S.A. § 143(a), library trustees have the "full power to manage" municipal public libraries, including the authority to set the level of compensation for the town librarian. Hartford Bd. of Library Trustees v. Town of Hartford, 174 Vt. 598, 816 A.2d 512 (mem.) (2002).

§ 1122. Procedure for adoption.

Rules adopted under authority of this subchapter shall be deemed to be administrative and may be adopted by majority vote of the legislative body of a municipality. Sections 1971-1975 of this title shall not apply to rules adopted under this subchapter.

Added 1969, No. 170 (Adj. Sess.), § 4, eff. March 2, 1970.

ANNOTATIONS

Analysis

1. Construction.

While 24 V.S.A. § 1122 allows the legislative body of a municipality to adopt rules relating to personnel matters, including promotions, it does not mandate such a procedure or make it the exclusive procedure. Gallipo v. City of Rutland, 163 Vt. 83, 656 A.2d 635 (1994).

2. Purpose.

By enacting this section, empowering municipalities to adopt personnel regulations by a majority vote of the municipal legislative body rather than by the procedures set forth in chapter 59 of this title, ordinarily applicable to promulgation of rules and ordinances, the Legislature intended to make personnel matters subject to regulation by local officials, so long as the regulations promulgated afford police officers tenure during good behavior, the opportunity for hearing, and removal only for cause. Martin v. Town of Springfield, 141 Vt. 554, 450 A.2d 1135 (1982).

3. Retroactive provisions.

Absent express statutory or constitutional language to the contrary, the ability to enact retroactive provisions to firefighter' pension ordinance may be necessarily and fairly implied from the powers that have been expressly granted to municipalities to adopt firefighter pensions. Burlington Fire Fighters' Ass'n v. City of Burlington, 149 Vt. 293, 543 A.2d 686 (1988).

Subchapter 12. Energy Coordinator

§ 1131. Energy coordinator; duties.

  1. The legislative body of a municipality may appoint, and determine the length of term for, an energy coordinator.
  2. An energy coordinator shall coordinate existing energy resources in the town and cooperate with the municipal planning commission and with those federal, State, and regional agencies of government which are responsible for energy matters.
  3. An energy coordinator may study and evaluate sources of energy which are alternatives to those presently available with a view toward the more efficient and economical utilization of existing and potential energy resources.
  4. An energy coordinator shall make periodic reports of his or her activities to the legislative body as it may require and may perform such other duties, studies, or examinations as may be required by the legislative body.

    Added 1975, No. 226 (Adj. Sess.), § 3; amended 2007, No. 1 , § 1.

History

Amendments--2007. Subsec. (a): Substituted "The legislative body of a municipality may appoint and determine the length of term for" for "At an annual meeting warned for that purpose, a town may authorize the selectmen to appoint for a one year term".

Subsec. (d): Inserted "or her" following "his"; substituted "legislative body" for "selectmen" in two places and "it" for "they".

Subchapter 13. Orders or Decisions by Municipal Boards or Commissions

§ 1141. Boards or commissions; orders.

Any decision or order approved for issue by a board, commission, committee, agency, or authority of any municipal corporation, including the legislative body of a municipal corporation, which is required by law to be in writing, may be signed by the chair or vice chair on behalf of the issuing body.

Added 1983, No. 190 (Adj. Sess.), § 3, eff. April 27, 1984.

History

2016 Substituted "chair" for "chairman" and "vice-chair" for "vice-chairman" in accordance with 2013, No. 161 , § 72.

Subchapter 14. Budget Committee

§ 1147. Advisory budget committee creation; duties.

If a municipality creates an advisory budget committee as provided in 17 V.S.A. § 2646 , the committee shall evaluate the municipality's budget and make recommendations to the selectboard for the budget based on its findings.

Added 2013, No. 106 (Adj. Sess.), § 2.

CHAPTER 35. TOWN CLERKS

Sec.

§ 1151. Certificate of election; oath.

A town clerk shall file with the county clerk a certificate of his or her election or appointment and a copy of his or her official oath on or before six days after election or appointment. The moderator shall sign the certificate if the clerk is elected at an open town meeting. The chair of the board of civil authority shall sign the certificate if the clerk is elected by Australian ballot. The selectboard members shall sign the certificate if the clerk is appointed.

Amended 1989, No. 200 (Adj. Sess.), § 6.

History

Source. V.S. 1947, § 3538. P.L. § 3461. G.L. § 3948. P.S. § 3448. V.S. § 2998. 1884, No. 62 , § 1.

2016. Substituted "selectboard members" for "selectmen" in the last sentence in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Amendments--1989 (Adj. Sess.). Section amended generally.

§ 1152. Record of proceedings of meetings.

The clerk shall record all proceedings of all town meetings and his or her record shall be deemed to be the true and official record of all action taken at that meeting provided it has been approved and attested by any two of the following town officers present at the meeting: moderator, selectboard members, and justices of the peace. The clerk shall request approval within seven days after each meeting and his or her request shall be given prompt consideration. Nothing in this section shall be construed to prohibit use of tape recorders or other recording devices or stenographic service.

Amended 1969, No. 168 (Adj. Sess.).

History

Source. V.S. 1947, § 3539. P.L. § 3462. G.L. § 3949. P.S. § 3449. V.S. § 2999. R.L. § 2678. G.S. 15, § 31. R.S. 13, § 28. R. 1797, p. 293, § 20. R. 1797, p. 156.

2016. Substituted "selectboard members" for "selectmen" in the first sentence in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Revision note - In last sentence "section" was substituted for "act" to conform reference to V.S.A. classification.

Amendments--1969 (Adj. Sess.). Section amended generally.

ANNOTATIONS

1. Corrections.

Town clerk may correct error which he has made in his record, so that it accord with truth. Hoag v. Durfey, 1 Aik. 286 (1826).

§ 1153. Card indices.

All general indices required by law to be kept by a town or city clerk may be kept by the card index system, with the consent and approval of the selectboard or board of aldermen. When so kept, such card index shall provide as full and complete information as is now required by law for the keeping of general indices by a town clerk.

History

Source. V.S. 1947, § 3540. 1947, No. 202 , § 3562. P.L. § 3463. 1933, No. 157 , § 3233. G.L. § 3950. 1908, No. 83 .

2016. Substituted "selectboard" for "selectmen" in the first sentence in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

§ 1154. Records; copies.

  1. A town clerk shall record in the land records, at length or by accurate, legible copy, in books to be furnished by the town:
    1. deeds;
    2. instruments or evidences respecting real estate;
    3. writs of execution, other writs or the substance thereof, and the returns thereon;
    4. hazardous waste site information and hazardous waste storage, treatment, and disposal certifications established under 10 V.S.A. chapter 159;
    5. underground storage tank information under 10 V.S.A. chapter 59;
    6. municipal land use permits (as defined in section 4303 of this title) or notices of municipal land use permits as provided for in subsection (c) of this section, notices of violation of ordinances or bylaws relating to municipal land use, and notices of violation of municipal land use permits;
    7. denials of municipal land use permits;
    8. permits, design certifications, installation certifications, and other documents required to be filed by the provisions of 10 V.S.A. chapter 64 and the rules adopted under that chapter;
    9. other instruments delivered to the town clerk for recording.
  2. A temporary permit (if defined by the bylaws of the municipality) is not required to be recorded.
  3. A notice of a municipal land use permit or a notice of violation specified in subdivision (a)(6) of this section may be recorded, and if such notice is recorded, it shall list:
    1. as grantor, the owner of record title to the property at the time the municipal land use permit or notice of violation is issued;
    2. as grantee, the municipality issuing the permit, certificate, or notice;
    3. the municipal or village office where the original, or a true, legible copy of the municipal land use permit may be examined;
    4. whether an appeal of such permit, certificate, or notice has been taken;
    5. tax map lot number or other description identifying the lot.
  4. The town clerk shall keep in each book of record an index of reference to the instruments or records in that book.

    Amended 1983, No. 148 (Adj. Sess.), § 13; 1985, No. 66 , § 2; 1997, No. 125 (Adj. Sess.), § 1; 1999, No. 46 , § 2, eff. May 26, 1999; 2001, No. 133 (Adj. Sess.), § 8; 2003, No. 138 (Adj. Sess.), § 1.

History

Source. 1949, No. 75 , § 1. V.S. 1947, § 3541. P.L. § 3464. 1929, No. 52 , § 1. G.L. § 3951. P.S. § 3450. V.S. § 3000. R.L. § 2679. G.S. 15, § 32. R.S. 13, § 29. R. 1797, p. 293, § 20. R. 1787, p. 35, § 156.

Amendments--2003 Substituted "copies" for "photocopies" in the catchline and substituted "copy" for "photocopy" in subsec. (a).

Amendments--2001 (Adj. Sess.) Subsec. (a): Added subdiv. (8), redesignated former subdiv. (8) as subdiv. (9), and made minor punctuation changes throughout.

Amendments--1999. Subsec. (a): Added present subdivs. (6) and (7) and redesignated former subdiv. (6) as present subdiv. (8).

Subsec. (b): Amended generally

Subsec. (c): Substituted "A notice of a municipal land use permit or a notice of violation specified in subdivision (a)(6) of this section may be recorded, and if such" for "If municipal memorandum or" preceding "notice is recorded" in the introductory paragraph.

Subdiv. (c)(1): Inserted "municipal land use" preceding "permit" and deleted "certificate" thereafter and inserted "of violation" preceding "is issued".

Subdiv. (c)(3): Inserted "municipal land use" preceding "permit" and deleted "certificate, statement or notice" thereafter.

Amendments--1997 (Adj. Sess.). Section amended generally.

Amendments--1985. Section amended generally.

Amendments--1983 (Adj. Sess.). Added "including hazardous waste site information and hazardous waste storage, treatment and disposal certifications, established under 10 V.S.A. chapter 159" following "for record" at the end of the first sentence and made other minor stylistic changes in that sentence.

ANNOTATIONS

Analysis

1. Index.

Index is not necessary to validity of record of mortgage. Barrett v. Prentiss, 57 Vt. 297 (1884).

Neglect of town clerk to make proper reference in index to particular record in his office will furnish no cause of action to one who never examined records and whose want of actual knowledge respecting that particular record was in no way attributable to such defect in index. Lyman v. Edgerton, 29 Vt. 305 (1857).

Where mortgagee left mortgage with town clerk for record and clerk recorded same at length but made no alphabet or index, the mortgage was properly recorded within meaning of statute, index constituted no part of record, and mortgage became incumbrance upon land from time it was transcribed upon record. Curtis v. Lyman, 24 Vt. 338 (1852).

2. Filing.

Deed or mortgage left with town clerk with instructions to place it on file but not to record it, is not left for record and filing of it as for record is without effect; clerk should refuse to receive a deed or mortgage offered with such instructions and should put no certificate thereon. Blair v. Ritchie, 72 Vt. 311, 47 A. 1074 (1899), aff'd (1901) 73 Vt. 109, 50 A. 807.

3. Recording.

It would satisfy this section and 12 V.S.A. § 3292 to copy the substance of a writ of attachment or execution in the record book and then file the actual copy of the writ. 1974 Op. Atty. Gen. 214.

When town clerk copies deed delivered to him for record in book that has not been used for recording for number of years and does not insert names in alphabet, for purpose of concealment and fraud, such deed is not recorded and is no notice to later purchasers or attaching creditors. Sawyer v. Adams, 8 Vt. 172 (1836).

4. Representations of clerk.

Statements and representations of town clerk respecting records in his office are not official acts and if they are false, and person to whom they are made is deceived and misled by them and suffers pecuniary loss in consequence of his placing confidence in them, town will not be liable on account of them. Lyman v. Edgerton, 29 Vt. 305 (1857), (See, also, §§ 834, 1162 of this title.)

5. Correction of errors.

A recording officer has the authority and duty while in office to correct the errors which he made in the records whenever he discovers them or they are brought to his attention so as to make the records conform to the facts without the necessity of re-recording the instrument; the authority, however, being incidental to the office ends with the termination of the office; the clerk cannot come in to correct his past mistakes, but a successor to the office may correct errors when he discovers them from data in his office. 1966-68 Op. Atty. Gen. No. 86.

If a clerk discovers an error of his own or his predecessor, any correction should be initialed and dated in order that the record reflect all of the facts and protect their reliability. 1966-68 Op. Atty. Gen. No. 86.

§ 1154a. Records; return postage.

Whenever an instrument listed in section 1154 of this chapter is filed or left for record with the town clerk, the town shall bear the costs of returning the original copy of the instrument to the person who filed or left the instrument for record.

Added 2019, No. 38 , § 7.

§ 1155. Record of trust mortgage.

Trust mortgages may be recorded by furnishing the clerk with a printed copy thereof on not smaller than 8 1/4 by 10 3/4 nor larger than 10 1/2 by 16 ledger paper of good quality with good cloth binding which volume after being duly compared with the original mortgage shall be filed, attested by him or her and kept in his or her office as a trust mortgage record. The clerk shall also certify on a blank page of the then current mortgage record book the recording of such mortgage under the provisions of this section and index the same as provided in section 1154 of this title.

History

Source. 1955, No. 104 . V.S. 1947, § 3542. P.L. § 3465. 1933, No. 157 , § 3235. 1929, No. 52 , § 1. G.L. § 3951. P.S. § 3450. V.S. § 3000. R.L. § 2679. G.S. 15, § 32. R.S. 13, § 29. R. 1797, p. 293, § 20. R. 1787, p. 35, § 156.

§ 1156. Chattel mortgages; conditional sales; discharge of lien.

Within 15 days after a chattel mortgage, a sufficient memorandum of a conditional vendor's lien, or a memorandum of a discharge of such mortgage or lien has been delivered to a town clerk for recording, accompanied by the recording fee provided in 32 V.S.A. § 1671 , such clerk shall record such mortgage, lien, or discharge and return the original to the person entitled thereto.

Amended 2019, No. 38 , § 8.

History

Source. V.S. 1947, § 2778. 1937, No. 50 , § 1.

Amendments--2019. Deleted "requisite" preceding "recording fee" and substituted "provided in 32 V.S.A. § 1671" for "and a sum to cover return postage".

§ 1157. Duties of town clerk as to chattel mortgages.

A town clerk shall procure and keep a book of records for mortgages of personal property and shall keep an alphabetical index of mortgagors and mortgagees. The record and index shall be open to public inspection. The clerk shall record in the book any mortgage, transfer, discharge, or officer's return of sale upon any mortgage. Reference to the volume and page of the record of the mortgage shall be made by the clerk upon the margin of the record of the return, as well as reference on the margin of the record of the mortgage to the volume and page of the record of the return. When requested, the clerk shall give a certified copy thereof on payment of his or her fees as provided in 32 V.S.A. § 1671 and shall certify the time when the same is received and recorded. Mortgages or deeds of trust conveying both real and personal property shall be recorded only as real estate mortgages, but town clerks shall include in their indices of mortgages of personal property a reference to the record thereof. A copy of the personal mortgage, certified as a true and correct copy by the recording clerk, may be pasted or otherwise permanently attached in the record books, provided that space on the back of the sheet to be pasted is allowed for pasting, and when so done the same shall be deemed to be legally recorded, or if a person leaving the mortgage for record so desires, it shall be copied into the records at length by the town clerk.

Amended 1969, No. 40 , § 2, eff. April 4, 1969.

History

Source. 1953, No. 227 , § 1. V.S. 1947, § 2720. P.L. § 2667. 1919, No. 219 , § 2. G.L. § 2794. 1915, No. 94 , § 1. P.S. § 2628. V.S. § 2258. 1890, No. 38 . 1884, No. 107 . 1882, No. 69 , § 3. R.L. § 1970. 1878, No. 51 , § 12.

Amendments--1969. Omitted specific mention of fee amount and added reference to 32 V.S.A. § 1671.

ANNOTATIONS

1. Manner of recording.

Unless the person leaving the mortgage for record requires that it be copied into the records at length, the manner of recording such an instrument is within the discretion of the town clerk. 1954 Op. Atty. Gen. 277.

§ 1158. Assignment or discharge of mortgage or judgment lien.

An assignment or discharge of a mortgage or judgment lien shall be duly recorded in the records of the town. A mortgage or judgment lien may be discharged by the mortgagee, judgment creditor, or assignee of such mortgage or judgment lien in writing on the margin of the mortgage record or judgment lien notice. A satisfaction or assignment of the mortgage or judgment lien recorded elsewhere shall bear a marginal notation of the book and page of the mortgage or judgment lien record and a corresponding cross-reference shall be made on the margin of the mortgage or judgment lien notice record.

Amended 1979, No. 67 , § 4.

History

Source. V.S. 1947, § 3548. P.L. § 3471. 1933, No. 157 , § 3241. G.L. §§ 3956, 3957. P.S. §§ 3455, 3456. V.S. §§ 3005, 3006. 1890, No. 36 , § 3. 1890, No. 37 .

Amendments--1979. Added provisions relating to judgment lien.

Applicability--1979 amendment. 1979, No. 67 , § 11, provided that section 4 of the act, which amended this section, would apply only to judgments rendered subsequent May 8, 1979.

Cross References

Cross references. Discharge of mortgages, see 27 V.S.A. § 461 et seq.

§ 1159. Indorsement of time of receiving instruments.

  1. An instrument shall be deemed recorded when the town clerk:
    1. receives the instrument, the recording fee provided in 32 V.S.A. § 1671 , and all supporting documents required by statute; and
    2. indorses a certificate of the date and time of reception on the instrument.
  2. Within three days following the date an instrument is indorsed, the clerk shall enter the name or names of the parties, the type of instrument, the date of the instrument, and the date and time of recording in a day book, printed index, or digital index that is open to public inspection. A town clerk may extend the time for entering the information for good cause shown, including reasons related to illness or absence of the clerk.

    Amended 2019, No. 38 , § 9.

History

Source. V.S. 1947, § 3543. P.L. § 3466. 1933, No. 157 , § 3226. G.L. § 3963. P.S. § 3461. V.S. § 3011. R.L. § 2688. G.S. 15, § 44. R.S. 13, § 40. 1834, No. 18 , § 1.

Amendments--2019. Rewrote the section.

ANNOTATIONS

1. Conclusiveness of certificate.

Certificate of town clerk upon deed or mortgage is prima facie evidence of time when it was left for record and may be contradicted by parol evidence. Blair v. Ritchie, 72 Vt. 311, 47 A. 1074 (1899), aff'd (1901) 73 Vt. 109, 50 A. 807; Johnson v. Burden, 40 Vt. 567 (1868); Bartlett v. Boyd, 34 Vt. 256 (1861).

§ 1160. Acknowledgements; oath.

  1. A town clerk, commissioned as a notary public pursuant to 26 V.S.A. chapter 103, may take acknowledgements of deeds and other instruments throughout his or her county.
  2. In his or her county, he or she may administer oaths in all cases where an oath is required, without being commissioned as a notary public pursuant to 26 V.S.A. chapter 103.
    1. Each town clerk may designate from among the members of his or her staff at least one notary public to be available to perform notarial acts for the public in the town clerk's office during normal business hours free of charge. (c) (1)  Each town clerk may designate from among the members of his or her staff at least one notary public to be available to perform notarial acts for the public in the town clerk's office during normal business hours free of charge.
    2. Each individual designated by the town clerk under this subsection shall be commissioned as a notary public pursuant to 26 V.S.A. chapter 103 and shall be exempt from the notary public application fee under that chapter.

      Amended 2019, No. 30 , § 26.

History

Source. V.S. 1947, § 3544. 1947, No. 202 , § 3566. P.L. § 3467. G.L. § 3964. 1915, No. 112 , § 1. P.S. § 3462. V.S. § 3012. R.L. § 2689. 1866, No. 54 .

Amendments--2019. Added subsec. (a) and (b) designations; inserted ", commissioned as a notary public pursuant to 26 V.S.A. chapter 103," in subsec. (a); inserted ", without being commissioned as a notary public pursuant to 26 V.S.A. chapter 103" in subsec. (b); and added subsec. (c).

ANNOTATIONS

Analysis

1. Listers' oaths.

Listers may take their preliminary oath before town clerk, oath being returnable to town clerk's office. Potter v. Lewis, 73 Vt. 367, 51 A. 5 (1900).

2. Chattel mortgages.

Town clerk may administer oath in case of chattel mortgage which is to be recorded in his office. Wright v. Taplin, 65 Vt. 448, 26 A. 1105 (1893).

§ 1161. General index.

    1. A town clerk shall keep a general index of transactions affecting the title to real estate wherein he or she shall enter in one column, in alphabetical order, the name of the grantor to the grantee and, in a parallel column, the name of the grantee from the grantor, of every deed, conveyance, mortgage, lease, or other instrument affecting the title to real estate, and each writ of attachment, notice of lien, or other instrument evidencing or giving notice of an encumbrance on real estate which is filed or recorded in the town clerk's office, with the name of the book, volume, or other manner of recording and the page of record in the following form: (a) (1)  A town clerk shall keep a general index of transactions affecting the title to real estate wherein he or she shall enter in one column, in alphabetical order, the name of the grantor to the grantee and, in a parallel column, the name of the grantee from the grantor, of every deed, conveyance, mortgage, lease, or other instrument affecting the title to real estate, and each writ of attachment, notice of lien, or other instrument evidencing or giving notice of an encumbrance on real estate which is filed or recorded in the town clerk's office, with the name of the book, volume, or other manner of recording and the page of record in the following form:
    2. If the instrument is executed on behalf of or to convey the interest of another party, the same shall be indexed in the name of the other party as grantor. In case the instrument is executed by more than one grantor and to more than one grantee, the name of each grantor and each grantee shall be indexed. When the party is a natural person the name shall be indexed under the first letter of such person's surname, and when the party is a corporation the name shall be indexed under the first letter of the first word of its name disregarding articles and initials. For purposes of this section, a defendant against whose property a writ of attachment is filed or a person against whose property a lien is asserted shall be considered a grantor, and a plaintiff filing a writ or a person asserting a lien shall be considered a grantee. The general index may be kept electronically.
  2. For the purposes of this section, "transactions affecting title to real estate" shall include the instruments described in subsections 1154(a) and (b) of this title. Each owner of record title to the property at the time such an instrument is issued shall be listed as the grantor. The State of Vermont shall be listed as the grantee for instruments described in subdivisions 1154(a)(4), (5), and (8) of this title. The municipality issuing the instrument shall be listed as the grantee for instruments described in subdivision 1154(a)(6) of this title.

    Amended 1969, No. 235 (Adj. Sess.), § 1; 1997, No. 125 (Adj. Sess.), § 2; 1999, No. 46 , § 3, eff. May 26, 1999; 2001, No. 133 (Adj. Sess.), § 9; 2007, No. 96 (Adj. Sess.), § 11; 2009, No. 91 (Adj. Sess.), § 15, eff. May 6, 2010.

Book Grantor Page Book Grantee Page to from Grantee Grantor 1 A. to B. 1 1 B. from A. 1

History

Source. 1955, No. 8 . V.S. 1947, § 3545. P.L. § 3468. 1917, No. 254 , § 3901. P.S. § 3451. V.S. § 3001. R.L. § 2680. G.S. 15, § 33. 1858, No. 21 .

Amendments--2009 (Adj. Sess.) Subdiv. (a)(2): Deleted the former fifth sentence.

Amendments--2007 (Adj. Sess.). Added the subdivision designations to subsec. (a) and in subdiv. (a)(2), substituted "state archivist" for "public records director".

Amendments--2001 (Adj. Sess.) Subsec. (b): Substituted "subdivisions 1154(a)(4), (5), and (8) of this title" for "subdivisions 1154(a)(4) and (5) of this title".

Amendments--1999. Subsec. (b): Substituted "subdivision 1154(a)(6)" for "subdivisions 1154(b)(1) and (2)" in the fourth sentence.

Amendments--1997 (Adj. Sess.). Designated the existing provisions of the section as subsec. (a) and inserted "or she" following "wherein he", substituted "the town clerk's" for "his" and "book, volume or other manner of recording" for "book or volume" in the introductory paragraph, added the last sentence in the concluding paragraph of that subsection and added subsec. (b).

Amendments--1969 (Adj. Sess.). Section amended generally.

ANNOTATIONS

Analysis

1. Type of index.

Charge that clerk in indexing records of deeds must provide suitable index, "of such a kind as a man of ordinary intelligence, of fair business capacity, would require to make a search. It is not necessary that the index, or alphabet, should be one that all men could take and at once find a record. The law does not go to that extent. All that is required, is, that it shall be such an index . . . as would enable a man understanding the plan on which the index was made up, and having ordinary, fair business capacity, to take it, and thereby find the record he was in search of," was not in error. Smith v. Royalton, 53 Vt. 604 (1881).

2. Failure to index.

City clerk's failure to index real estate attachment in general index of land records, after writ of attachment had been recorded and indexed in "attachment book," did not preclude attachment from being valid against subsequent bona fide purchaser who had no actual notice of attachment. Haner v. Bruce, 146 Vt. 262, 499 A.2d 792 (1985).

3. Misspelling in index.

Key to proper notice, in the context of a name index, is the proper spelling of the debtor's name and the resulting proper alphabetical placement. Applying idem sonans to a name index would defeat the purpose of the index; therefore, when a judgment misspelled the debtor's last name, causing the recorded judgment to be indexed under the wrong spelling and to be missed during an index search, the doctrine of idem sonans did not allow enforcement of a judgment lien. Lively v. Northfield Sav. Bank, 182 Vt. 428, 940 A.2d 700 (Oct. 5, 2007).

Law review commentaries

Law review. For comment, "Haner v. Bruce: Failure to Accord to the Present Realities of the Real Estate Recording System," see 12 Vt. L. Rev. 283 (1987).

§ 1162. Indices; liability of clerk and town.

A town clerk who neglects to keep in his or her office the indices required by law to be kept by him or her shall be fined $20.00 for each six months' neglect. A town which, upon such neglect of its town clerk, delays for six months to cause such an index to be completed and kept, shall be fined $50.00 for each six months it so neglects.

History

Source. V.S. 1947, § 3546. P.L. § 3469. 1933, No. 157 , § 3239. G.L. §§ 3953, 3954. 1917, No. 254 , § 3902. P.S. §§ 3452, 3453. V.S. §§ 3002, 3003. R.L. §§ 2681, 2682. 1864, No. 14 , § 3. G.S. 15, § 33. 1858, No. 21 .

ANNOTATIONS

Analysis

1. Representations of clerk.

False representations made by town clerk in reference to records in his office will not excuse person from making examination of them, or from requesting town clerk to show them to him, so as to give him right of action against town for defect in records which would have misled him and have given him a right of action if he had examined them. Lyman v. Edgerton, 29 Vt. 305 (1857), (See, also, §§ 1154 of this title.)

2. Liability of town.

It is duty of town clerk to provide alphabet or index for book of record used for recording evidences respecting titles to lands or real estate and to keep and preserve same for inspection and use, with same truthfulness and care that he is required to exercise in keeping books of record, and when an injury has been sustained by anyone, by reason of neglect in this respect, town is liable. Hunter v. Windsor, 24 Vt. 327 (1852).

§ 1163. Index of attachments.

A town clerk shall keep a book in which shall be alphabetically indexed all attachments of personal property lodged in his or her office. Such index shall show the names of the parties to the action in which the attachment is made, the court and date of the court to which the attachment is returnable, and the amount of debt or damages claimed in the writ.

History

Source. V.S. 1947, § 3547. P.L. § 3470. G.L. § 3955, P.S. § 3454. V.S. § 3004. 1888, No. 59 , § 2.

ANNOTATIONS

Analysis

1. Generally.

Personal property attachments may be listed alphabetically in the book kept by the clerk, and the writ of attachment filed in a chronological file. 1974 Op. Atty. Gen. 214.

2. Incomplete indexing.

City clerk's failure to index real estate attachment in general index of land records, after writ of attachment had been recorded and indexed in "attachment book," did not preclude attachment from being valid against subsequent bona fide purchaser who had no actual notice of attachment. Haner v. Bruce, 146 Vt. 262, 499 A.2d 792 (1985).

§ 1164. Certified copies; form.

  1. A town clerk shall furnish certified copies of any instrument on record in his or her office, or any instrument or paper filed in his or her office pursuant to law, on the tender of fees therefor, and his or her attestation shall be a sufficient authentication of the copies, except that the town clerk shall redact the word "illegitimate" from any copy of a birth certificate he or she furnishes.
  2. A town clerk shall furnish a certified copy of a vital event certificate only if authorized and as prescribed under 18 V.S.A. chapter 101.

    Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March, 1, 1961; 1975, No. 8 , § 1; 1979, No. 142 (Adj. Sess.), § 18; 2017, No. 46 , § 60, eff. July 1, 2019.

History

Amendments--2017. Subsecs. (a) and (b): Added the subsec. designations.

Subsec. (a): Deleted "his or her" preceding "fees"; substituted "redact" for "not copy" following "shall"; and inserted "copy of a" preceding "birth"'.

Subsec. (b): Amended generally.

Effective date of 2017 amendment of section. 2017, No. 46 , § 63(b), as amended by 2018, No. 11 (Sp. Sess.), § I.1(b), provides that the amendment of this section shall take effect July 1, 2019.

Annotations From Former § 1164

1. Evidence.

Officer's affidavit and certified copy of record of writ and return left in town clerk's office were admissible as evidence on hearing of petition. Pond v. Campbell, 56 Vt. 674 (1884).

§ 1165. Files and records available; when.

The files and records in the office of the clerk shall be available for inspection upon proper request at all reasonable hours.

History

Source. V.S. 1947, § 3550. P.L. § 3473. 1933, No. 157 , § 3243. G.L. § 3959. P.S. § 3458. V.S. § 3009. R.L. § 2685. G.S. 15, § 38. R.S. 13, § 34. R. 1797, p. 293, § 20.

§ 1166. Return of name of town treasurer to State Treasurer.

Annually, on or before July 1, a town clerk shall transmit to the State Treasurer the name of the town treasurer.

History

Source. V.S. 1947, § 3551. P.L. § 3474. 1933, No. 157 , § 3244. G.L. § 3960. P.S. § 3459. V.S. § 3010. R.L. § 2686. 1880, No. 112 , § 1. 1866, No. 44 , § 2. G.S. 15, § 39. R.S. 13, § 35. R. 1797, p. 294, § 21. R. 1787, p. 156.

§ 1167. Certification of votes.

When at an annual or special meeting a town votes to raise a tax, to borrow money, or to make any appropriation of money, the clerk of such town, within five days thereafter, shall certify such vote to the treasurer of the town and to the chair of the selectboard.

History

2016 Substituted "chair" for "chairman" and "selectboard" for "board of selectmen" in accordance with 2013, No. 161 , § 72.

Source. V.S. 1947, § 3552. P.L. § 3475. 1921, No. 96 , § 1.

§ 1168. Return of names of listers to Director of the Division of Property Valuation and Review.

After each annual meeting, a town clerk shall report forthwith electronically to the Director of the Division of Property Valuation and Review the name of each lister in the town, his or her post office address, and the length of his or her term of office. In like manner, a town clerk shall notify the Director of the Division of Property Valuation and Review of any lister appointed to fill a vacancy.

Amended 1977, No. 105 , § 14(b); 2017, No. 73 , § 2, eff. June 13, 2017; 2017, No. 113 (Adj. Sess.), § 155.

History

Source. V.S. 1947, § 3553. P.L. § 3476. 1933, No. 157 , § 3246. G.L. § 3961. 1915, No. 51 . 1910, No. 38 , § 7.

Amendments--2017 (Adj. Sess.) Substituted "in the town" for "therein" following "name of each lister" in the first sentence.

Amendments--2017. Substituted "electronically" for "in writing" following "report forthwith" in the first sentence and substituted "a town" for "such" preceding "clerk" in the second sentence.

Amendments--1977. Substituted "director of the division of property valuation and review" for "commissioner of taxes" or "commissioner".

§ 1169. Name and address of first constable to county clerk.

After each annual meeting, a town clerk shall certify forthwith to the county clerk the name and post office address of the person elected first constable at such meeting.

History

Source. V.S. 1947, § 3554. P.L. § 3477. 1933, No. 157 , § 3247. G.L. § 3962. P.S. § 3460. 1896, No. 61 , § 1.

§ 1170. Appointment of assistant clerk.

After his or her election, a town clerk shall forthwith appoint one or more assistant clerks, for whose official acts he or she shall be responsible, who shall hold office during his or her term of office, or until such appointment is revoked by him or her. Such appointments and revocation shall be recorded in the office of the town clerk.

Amended 2017, No. 74 , § 70.

History

Source. V.S. 1947, § 3555. P.L. § 3478. 1933, No. 157 , § 3248. G.L. § 3966. 1910, No. 109 , § 1. P.S. § 3464. V.S. § 3013. R.L. § 2690. G.S. 15, § 42. R.S. 13, § 38.

Amendments--2017. Section heading: Inserted "Appointment of" preceding "assistant".

ANNOTATIONS

1. Service of writ.

Assistant town clerk is not proper person on whom to make service of a writ against a town; he is not strictly officer of town and service made upon him would not be legal. Fairfield v. King, 41 Vt. 611 (1869); Charleston v. Lunenburgh, 21 Vt. 488 (1849).

§ 1171. Duties of assistant clerk.

  1. The assistant clerk shall be sworn and is authorized to perform the recording and filing duties of the town clerk, to issue licenses and certified copies of records, and, in the absence, death, or disability of the town clerk, is further authorized to perform all other duties of the clerk.
  2. If there is a vacancy in the office of town clerk, the authority of the assistant town clerk to perform the duties of the town clerk shall continue until a successor is appointed by the selectboard under section 963 of this title.

    Amended 1967, No. 107 , eff. April 14, 1967; 2017, No. 74 , § 71; 2017, No. 130 (Adj. Sess.), § 11.

History

Source. 1949, No. 74 . V.S. 1947, § 3556. P.L. § 3479. 1933, No. 157 , § 3249. G.L. § 3967. P.S. § 3465. V.S. § 3014. R.L. § 2691. G.S. 15, § 43. R.S. 13, § 39.

2016. Substituted "selectboard" for "selectmen" in the last sentence in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Amendments--2017 (Adj. Sess.). Added the subsec. (a) and (b) designations and in subsec. (b), substituted "If there is a vacancy in the office of town clerk" for "If the town clerk dies".

Amendments--2017. Section heading: Added "of assistant clerk".

Amendments--1967. Added the second sentence.

§ 1172. Assistant clerk; record to county clerk.

Such assistant clerk shall deposit with the county clerk a copy of the record of his or her appointment, duly certified by the town clerk making such appointment, and shall also deposit a copy of his or her official oath signed by himself or herself, with a certificate of the magistrate administering the same that he or she has taken such oath.

Amended 2017, No. 74 , § 72.

History

Source. V.S. 1947, § 3557. P.L. § 3480. G.L. § 3968. P.S. § 3466. V.S. § 3015. 1888, No. 58 .

Amendments--2017. Section heading: Inserted "Assistant clerk;" preceding "record".

§ 1173. Town or village reports.

The clerk of a municipality shall supply annually each library in such municipality with two copies of the municipal report, upon its publication. The clerk shall also send to the Vermont State Archives and Records Administration one copy thereof in a manner prescribed by the State Archivist. Officers making these reports shall supply the clerk of the municipality with the copies necessary for him or her to comply with the provisions of this section and section 1174 of this title.

Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 55; 2009, No. 123 (Adj. Sess.), § 32; 2009, No. 156 (Adj. Sess.), § I.30; 2011, No. 153 (Adj. Sess.), § 37, eff. May 16, 2012; 2013, No. 108 (Adj. Sess.), § 4, eff. April 22, 2014; 2015, No. 23 , § 148; 2017, No. 50 , § 61.

History

Source. V.S. 1947, § 3558. P.L. § 3481. 1933, No. 157 , § 3251. 1921, No. 98 . G.L. § 3965. P.S. § 3463. V.S. § 897. 1894, No. 39 , § 4.

Amendments--2017. Section amended generally.

Amendments--2015. Substituted "one copy" for "two copies" following "State Library" in the second sentence and deleted "printed" preceding "copies" in the last sentence.

Amendments--2013 (Adj. Sess.). Substituted "send" for "mail" following "shall also" in the second sentence.

Amendments--2011 (Adj. Sess.). Deleted "highway board," following "commissioner of taxes," in the second sentence.

Amendments--2009 (Adj. Sess.) Act No. 123 deleted "transportation board" following "commissioner of taxes" in the second sentence.

Act No. 156 substituted "commissioner of Vermont health access" for "director of the office of Vermont health access" in the second sentence.

Amendments--2005 (Adj. Sess.). Substituted "the clerk" for "he" preceding "of a municipality" and "for children and families, director of the office of Vermont health access" for "of prevention, assistance, transition, and health access" in the second sentence; and substituted "these reports" for "such reports", "the municipality" for "such municipality" and inserted "or her" following "him" in the third sentence.

Amendments--1999 (Adj. Sess.). Substituted "commissioner of prevention, assistance, transition, and health access" for "commissioner of social welfare".

Amendments--1959 (Adj. Sess.). Substituted "state board of health" for "state health commission".

§ 1174. Town file.

Such clerk shall keep on file in his or her office two or more sets of the annual report of the auditors, which at suitable intervals he or she shall bind in book form.

History

Source. V.S. 1947, § 3559. P.L. § 3482. 1933, No. 157 , § 3252.

§ 1175. Permanent service records.

Town clerks shall record the honorable discharges or certificates of service of all members of the Armed Forces of the United States, by photographic copy or on forms approved by the Adjutant General of a size and with a margin to permit binding. Upon making such record, the town clerk shall forthwith forward a certified copy thereof to the office of the Adjutant General. Such records shall be arranged or indexed alphabetically, bound, and made a permanent record. Town clerks shall receive a fee of 50 cents for so recording each honorable discharge or certificate of service, as hereinbefore provided, to be paid by the town.

History

Source. V.S. 1947, § 3645. 1945, No. 47 , § 1.

§ 1176. Manuscripts.

All books and manuscripts belonging to a town or a town school district, except town histories, published under the authority of a town, shall be kept in the office of the town clerk, unless otherwise provided and shall not be sold or disposed of.

Amended 1969, No. 289 (Adj. Sess.), § 9.

History

Source. V.S. 1947, § 3657. P.L. § 3572. 1933, No. 156 , § 3. G.L. § 4051. 1917, No. 254 , § 4001. P.S. § 3549. 1906, No. 97 , § 1. V.S. § 3095. 1884, No. 57 . 1882, No. 96 . R.L. § 4580. G.S. 8, § 70. 1844, J.R. 38. R.S. 8, § 2. 1837, No. 9 , § 2. 1834, No. 10 .

Amendments--1969 (Adj. Sess.). Omitted reference to Vermont Reports.

§ 1177. Repealed. 1969, No. 289 (Adj. Sess.), § 10.

History

Former § 1177. Former § 1177 relating to purchasing complete sets of Vermont Reports was derived from V.S. 1947, § 3658; P.L. § 3573; G.L. § 4052; P.S. § 3550; V.S. § 3096; 1890, No. 181 , § 1.

§ 1178. Safes; vaults.

A town not already provided with a fireproof safe or vault of a sufficient size for the effectual preservation of the files and records now in the office of the town clerk, or that may hereafter accumulate there, shall forthwith procure such safe or vault.

History

Source. V.S. 1947, § 3659. P.L. § 3574. G.L. § 4040. P.S. § 3537. V.S. § 3085. 1894, No. 121 , §§ 1, 2.

§ 1179. Reporting of fees received.

Within 30 days after the completion of a town's fiscal year, each town clerk shall disclose to the public the total amount of fees received as part of his or her compensation during the fiscal year immediately preceding.

Added 1979, No. 161 (Adj. Sess.), § 15.

History

Revision note. The last word "proceding" was changed to "preceding" to correct an apparent error pursuant to 1 V.S.A. § 60.

Cross References

Cross references. Fees of town clerks, see 32 V.S.A. § 1671.

CHAPTER 36. MUNICIPAL ADMINISTRATIVE PROCEDURE ACT

Sec.

Cross References

Cross references. State Administrative Procedure Act, see 3 V.S.A. ch. 25.

§ 1201. Definitions.

As used in this chapter:

  1. "Contested hearing" means one of the following:
    1. A case in which an applicant for a land use permit under 10 V.S.A. chapter 151 is required to obtain local Act 250 review of municipal impacts by a municipality that has taken steps required under section 4420 of this title to allow it to conduct that local review.
    2. A hearing, under chapter 117 of this title, which will be subject to review on the record, as determined under procedures established in that chapter.
    3. A hearing which a provision of law requires to be heard according to procedures established in this chapter.
    4. A hearing by a municipal body which is not required by law to be conducted according to procedures established in this chapter, but which the municipality elects to conduct in accordance with this chapter.
  2. "Directly or indirectly interested" means a financial or personal involvement in the contested hearing or with any party.
  3. "Local board" means the entity authorized to conduct a contested hearing.
    1. "Party," for purposes of proceedings under chapter 117 of this title, other than those related to local Act 250 review of municipal impacts, means "interested person," as defined by subsection 4465(b) of this title. (4) (A) "Party," for purposes of proceedings under chapter 117 of this title, other than those related to local Act 250 review of municipal impacts, means "interested person," as defined by subsection 4465(b) of this title.
    2. "Party," for purposes of local Act 250 review of municipal impacts, means a person whose interests, under relevant provisions of 10 V.S.A. § 6086(a) being reviewed at the municipal level, may be affected by a proposed development or subdivision, as those terms are defined in 10 V.S.A. chapter 151. "Party" for purposes of other proceedings under this chapter, shall have the meaning established under statutes controlling those proceedings.
    3. "Party," for purposes of other proceedings under this chapter, shall have the meaning established under statutes controlling those proceedings.

      Added 1993, No. 232 (Adj. Sess.), § 44, eff. March 15, 1995; amended 2003, No. 115 (Adj. Sess.), § 76, eff. Jan. 31, 2005.

History

Revision note. In subdiv. (4), added the subdiv. (A)-(C) designations.

Amendments--2003 (Adj. Sess.). Subdiv. (1)(A): Substituted "4420" for "4449" following "section".

Subdiv. (4): Substituted "4465(b)" for "4464(b)".

§ 1202. Application.

  1. This chapter shall be used by local boards conducting contested hearings, where required by law, and may be used by local boards conducting contested hearings, even where not required by law. Local determinations to use this chapter, unless otherwise provided by law, shall be made by majority vote of those voting at a duly warned special or annual municipal meeting, or may be made on behalf of the municipality by the legislative body.
  2. This chapter creates only procedural rights and imposes only procedural duties. They are in addition to those created and imposed by other statutes.
  3. This chapter provides the minimum due process rights of parties in contested hearings. A local board may grant additional rights to parties so long as the rights of other parties are not substantially prejudiced.
  4. A local board may adopt additional procedural rules not inconsistent with this chapter governing its hearings. The ordinance adoption process established by chapter 59 of this title shall be used for this purpose.

    Added 1993, No. 232 (Adj. Sess.), § 44, eff. March 15, 1995.

§ 1203. Conflicts of interest.

Local boards shall comply with the provisions of 12 V.S.A. § 61(a) when they conduct contested hearings and make findings under this chapter. For purposes of this section, prohibitions referring to those within the fourth degree of consanguinity or affinity shall refer to the person's spouse, as well as to the person's and the spouse's: parent, child, brother, sister, grandparent, or grandchild.

Added 1993, No. 232 (Adj. Sess.), § 44, eff. March 15, 1995.

Cross References

Cross references. Qualifications of board members, see § 1208 of this title.

§ 1204. Notice.

  1. Initial public notice of any hearing under this chapter shall be provided in accordance with applicable statutes. All parties and interested persons shall be given an opportunity for hearing after reasonable notice.
  2. At any hearing held under this chapter, opportunity shall be given to all parties to respond and present evidence and argument on all issues involved.
  3. If a hearing is to reconvene at a later date, it shall be deemed sufficient to constitute proper notice of that later session, if an announcement made before adjournment of the previous session of the hearing specifies the time, date, and place of that later session.

    Added 1993, No. 232 (Adj. Sess.), § 44, eff. March 15, 1995.

§ 1205. Procedure at hearing.

  1. The chair or vice-chair of the local board shall preside at the hearing. If neither is available, the board shall elect a temporary chair.
  2. The presiding officer may conduct all or part of the hearing by telephone, television, or other electronic means, if each participant in the hearing has an opportunity to participate in, hear, and, if technically feasible, to see the entire proceeding as it is taking place.
  3. The presiding officer shall cause the proceeding to be recorded.

    Added 1993, No. 232 (Adj. Sess.), § 44, eff. March 15, 1995.

ANNOTATIONS

1. Construction with other law.

Provisions of 24 V.S.A. § 4471, that an "adequate record" be produced, subsection (c) of this section, that proceedings of development review board "be recorded," and V.R.C.P. 74(d), that record on appeal shall consist of "a transcript of any oral proceedings," all as required for on-the-record review on appeal to the environmental court, were not satisfied by the board's simply keeping minutes of hearings; thus, the court did not err by conducting de novo hearing with regard to conditional use permit and variance applications. In re Dunnett, 172 Vt. 196, 776 A.2d 406 (2000).

§ 1206. Evidence.

  1. All testimony of parties and witnesses must be made under oath or affirmation.
  2. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied in civil cases in the Superior Courts of this State shall be followed. When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible under those rules may be admitted if it is of a type commonly relied upon by reasonably prudent people in the conduct of their affairs.
  3. When a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form, to expedite the presentation of direct testimony of a witness, provided the witness is available for direct testimony and cross-examination at the hearing on this evidence.
  4. Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original.

    Added 1993, No. 232 (Adj. Sess.), § 44, eff. March 15, 1995.

§ 1207. Ex parte communications.

  1. A presiding officer shall not communicate, directly or indirectly, with any party, party's representative, party's counsel, or any person interested in the outcome of the proceeding, on any issue in the proceeding, while the proceeding is pending, without notice and opportunity for all parties to participate.
  2. No other members of a local board sitting in a contested hearing shall communicate on any issue in the proceeding, directly or indirectly, with any party, party's representative, party's counsel, or any person interested in the outcome of the proceeding, while the proceeding is pending.
  3. A presiding officer who receives an ex parte communication on any issue relating to the proceeding and a member who receives any ex parte communication shall place on the record all written communications received, all written responses to those communications, and a memorandum stating the substance of all oral communications received, all responses made, and the identity of each person making the ex parte communication.

    Added 1993, No. 232 (Adj. Sess.), § 44, eff. March 15, 1995.

§ 1208. Qualification of members.

  1. Members of a local board in a contested hearing shall not participate in the decision unless they have heard all testimony and reviewed all other evidence submitted for the board's decision.
  2. Members who have not attended every session of the board in a contested hearing may participate in the decision if they have listened to the recording of the testimony they have missed (or read transcripts of this testimony) and reviewed all exhibits and other evidence, prior to deliberation.

    Added 1993, No. 232 (Adj. Sess.), § 44, eff. March 15, 1995.

Cross References

Cross references. Conflicts of interest, see § 1203 of this title.

§ 1209. Decisions.

  1. A final decision in a contested hearing shall be in writing and shall separately state findings of fact and conclusions of law.
  2. Findings of fact shall explicitly and concisely restate the underlying facts that support the decision. They shall be based exclusively on evidence of the record in the contested hearing.
  3. Conclusions of law shall be based on the findings of fact.
  4. The final decision in any case involving local Act 250 review of municipal impacts shall include notice that it constitutes a rebuttable presumption under the provisions of 10 V.S.A. chapter 151, and notice that presumption may be overcome in proceedings under 10 V.S.A. chapter 151.
  5. The presiding officer shall cause copies of the decision to be delivered to each party.
  6. Transcriptions of the proceedings of contested hearings shall be made upon the request and upon payment of the reasonable costs of transcription by any party.

    Added 1993, No. 232 (Adj. Sess.), § 44, eff. March 15, 1995.

§ 1210. Appeals.

Appeals under this chapter shall be taken in the manner established for the underlying proceedings to which this chapter is applied.

Added 1993, No. 232 (Adj. Sess.), § 44, eff. March 15, 1995.

CHAPTER 37. TOWN, CITY, OR VILLAGE MANAGERS

Sec.

§ 1231. "Town" construed; officers.

The word "town" as used in this chapter may be construed to include a city or an incorporated village. Where powers are given to or duties imposed upon a selectboard with reference to a town, the trustees of a village and mayor and board of aldermen of a city shall have the same powers and perform like duties in relation to their respective village or city.

History

Source. V.S. 1947, § 3675. P.L. § 3590. 1931, No. 51 , § 1. 1931, No. 52 , § 1. G.L. § 4053. 1917, No. 104 , § 1.

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

ANNOTATIONS

1. Powers of trustees.

Trustees of village have same powers and perform same duties in relation thereto as a selectboard has and performs with relation to town. Town of Fair Haven v. Stannard, 111 Vt. 49, 10 A.2d 214 (1939).

§ 1232. Appointment; union of towns.

The selectboard of a town adopting the provisions of this chapter shall forthwith appoint a general town manager, who may or may not be a resident of the town for which he or she is appointed. Two or more towns may vote to form a union to employ the same manager.

History

Source. V.S. 1947, § 3676. 1943, No. 39 , § 1. P.L. § 3591. G.L. § 4054. 1917, No. 104 , § 2.

2016. Substituted "selectboard of a town" for "selectmen of towns" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

§ 1233. Qualifications; authority of selectboard.

Such a manager shall be selected with special reference to his or her education, training, and experience to perform the duties of such office and without reference to his or her political belief. In all matters he or she shall be subject to the direction and supervision and shall hold office at the will of such selectboard, who, by majority vote, may remove him or her at any time for cause.

History

Source. V.S. 1947, § 3677. P.L. § 3592. G.L. § 4055. 1917, No. 104 , §§ 2, 4, 6.

2016. Substituted "selectboard" for "selectmen" in the section title and text in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

ANNOTATIONS

Analysis

1. Incompatible offices.

Selectboard member cannot properly hold office of town manager while he is still member of selectboard. 1942 Op. Atty. Gen. 269.

2. Removal for cause.

Town manager statute requires a town manager be removed only for cause. Accordingly, remand was required to determine whether plaintiff was wrongfully terminated. Nelson v. Town of St. Johnsbury, 198 Vt. 277, 115 A.3d 423 (2015).

§ 1234. Oath; bond.

Before entering upon his or her duties, such manager shall be sworn to the faithful performance of his or her duties and shall give a bond to the town in such amount and with such sureties as the selectboard may require.

History

Source. V.S. 1947, § 3678. P.L. § 3593. 1933, No. 157 , § 3348. G.L. § 4056. 1917, No. 104 , § 3.

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

§ 1235. General authority.

Subject to the requirements of this chapter, he or she shall have general supervision of the affairs of the town, be the administrative head of all departments of the town government, and shall be responsible for the efficient administration thereof.

History

Source. V.S. 1947, § 3679. P.L. § 3594. G.L. § 4057. 1917, No. 104 , §§ 2, 4.

§ 1236. Powers and duties in particular.

The manager shall have authority and it shall be his or her duty:

  1. To cause duties required of towns and town school districts and not committed to the care of any particular officer, to be duly performed and executed.
  2. To perform all duties now conferred by law upon the selectboard, except that he or she shall not prepare tax bills, sign orders on the general fund of the town, call special or annual town meetings, lay out highways, establish and lay out public parks, make assessments, award damages, act as member of the board of civil authority, nor make appointments to fill vacancies which the selectboard is now authorized by law to fill; but he or she shall, in all matters herein excepted, render the selectboard such assistance as it shall require.
  3. To be the general purchasing agent of the town and purchase all supplies for every department thereof; but purchases of supplies for departments over which such manager is not given control, and of the town school district, shall be made according to requisition therefor by such departments or school directors.
  4. To have charge and supervision of all public town buildings and repairs thereon, and all building undertaken by the town, unless otherwise provided for by the selectboard, shall be done under his or her charge and supervision.
  5. To perform all the duties now conferred by law upon the road commissioner of the town, including the signing of orders; provided, however, that when an incorporated village lies within the territorial limits of a town which is operating under a town manager, and such village fails to pay to such town for expenditure on the roads of the town outside the village, at least 15 percent of the last highway tax levied in such village, the legal voters residing in such town, outside such village, may elect one or two road commissioners who shall have and exercise all powers of road commissioner within that part of such town as lies outside such village.
  6. [Repealed.]
  7. To do all the accounting for all of the departments of the town and of the town school districts when the board of school directors so request.
  8. To supervise and expend all special appropriations of the town, as if the same were a separate department of the town, unless otherwise provided for by the selectboard.
  9. To have charge, control, and supervision of the following matters:
    1. the police department, if any, and shall appoint and may remove the officers thereof and shall fix their salaries;
    2. the fire department, if any, and shall appoint, fix the compensation of, and may remove all officers and employees thereof;
    3. the system of licenses, if any, not otherwise regulated by law;
    4. the system of sewers and drainage, if any, except the making of assessments therefor;
    5. the lighting of streets, highways, and bridges;
    6. the sprinkling of streets and highways and laying of dust, except the making of assessments therefor;
    7. the maintenance of parks and playgrounds.
  10. To collect all taxes due the town and to perform all the duties now conferred by law upon the collector of taxes, if the town so votes.  Such manager shall continue so to do until the town votes otherwise at a meeting duly warned for the purpose of voting on such question.  For the collection of taxes, a town manager may charge and collect the same fees as a collector of taxes, and the fees so collected shall be paid into the treasury of the town.

    Amended 1967, No. 147 , § 53(b), eff. Oct. 1, 1968; 2011, No. 155 (Adj. Sess.), § 9; 2017, No. 130 (Adj. Sess.), § 12.

History

Source. 1949, No. 78 . V.S. 1947, § 3680. 1947, No. 202 , § 3702. 1943, No. 40 , § 1. P.L. § 3595. 1933, No. 157 , § 3350. 1927, No. 58 , §§ 1, 2. 1921, No. 103 , § 1. G.L. § 4058. 1917, No. 104 , § 4.

Amendments--2017 (Adj. Sess.). Subdivs. (4) and (8): Amended generally.

Amendments--2011 (Adj. Sess.). Made gender-neutralizing changes throughout the section; in subdiv. (2), substituted "selectboard" for "selectmen" throughout and made related grammatical changes, and deleted ", other than orders for poor relief" following "general fund of the town"; and substituted "15 percent" for "fifteen percent" in subdiv. (5).

Amendments--1967. Subdiv. (6): Repealed.

ANNOTATIONS

Analysis

1. Books and records.

Town manager being required to do financial accounting pertaining to schools, is entitled to such books, receipts, vouchers, and other papers as school directors may have that are reasonably necessary to enable him to perform such duty. Farmer v. Haley, 100 Vt. 75, 135 A. 12 (1926).

2. Supplies.

Under this section town manager has authority to purchase supplies for departments of town only, and not for school district. Farmer v. Haley, 100 Vt. 75, 135 A. 12 (1926).

3. Repairs.

Under subdivision (4) of this section town manager has duty, formerly upon school directors, of making necessary repairs on school buildings and other school property to keep same in suitable condition for purposes for which intended, irrespective of sanction or approbation of school directors. Farmer v. Haley, 100 Vt. 75, 135 A. 12 (1926).

Town school district treasurer has no authority to pay orders drawn for repairs unless and until approved by town manager. Farmer v. Haley, 100 Vt. 75, 135 A. 12 (1926).

4. Sewers.

Allocation of sewer units were properly made by town manager rather than selectboard, under subdivision (9)(D) of this section. Bryant v. Town of Essex, 152 Vt. 29, 564 A.2d 1052 (1989).

5. Library trustees.

Even though town selectboards and town managers have general supervisory powers over town affairs, pursuant to 22 V.S.A. § 143(a), library trustees have the "full power to manage" municipal public libraries, including the authority to set the level of compensation for the town librarian. Hartford Bd. of Library Trustees v. Town of Hartford, 174 Vt. 598, 816 A.2d 512 (mem.) (2002).

§ 1237. Examination of departments.

The selectboard may cause the affairs of any town office or the conduct of any officer or employee thereof to be examined. It may compel the attendance of witnesses and the production of books, papers, and other evidence. The manager shall have access to all town books and papers for information necessary for the proper performance of his or her duties.

History

Source. V.S. 1947, § 3681. P.L. § 3596. G.L. § 4059. 1917, No. 104 , § 5.

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

§ 1238. Additional duties.

The powers, duties, and liabilities imposed upon any other departments of the town inconsistent with the provisions of this chapter shall be suspended and shall be conferred and imposed upon the manager.

History

Source. V.S. 1947, § 3682. P.L. § 3597. G.L. § 4060. 1917, No. 104 , § 7.

§ 1239. Compensation; how fixed.

The manager shall receive such pay as may be fixed by the selectboard, unless otherwise specifically voted by the town.

History

Source. V.S. 1947, § 3683. P.L. § 3598. G.L. § 4061. 1917, No. 104 , § 8.

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

§ 1240. Operation of chapter.

The provisions of this chapter shall not become operative in a town unless the same are approved and adopted by a majority of the legal voters of such a town present and voting at an annual or special meeting as hereinafter provided.

History

Source. V.S. 1947, § 3684. P.L. § 3599. 1933, No. 157 , § 3354. G.L. § 4062. 1917, No. 104 , § 9.

§ 1241. Petition; warning.

When voters, in number equal to five percent of the registered voters in town, petition the selectboard in writing to adopt or rescind the town manager form of governance, the warning for the annual or special meeting that shall be called upon such petition shall contain an article in substantially the form set forth in section 1243 of this chapter.

Amended 1985, No. 196 (Adj. Sess.), § 13; 2019, No. 67 , § 21.

History

Source. V.S. 1947, § 3685. P.L. § 3600. 1933, No. 157 , § 3355. G.L. § 4063. 1917, No. 104 , §§ 1, 10.

2016. Substituted "selectboard" for "selectmen" in two places in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Amendments--2019. Section amended generally.

Amendments--1985 (Adj. Sess.). Substituted "five percent of the legal voters in town" for "four percent of the total vote cast for governor in a town at the last election" following "equal to".

§ 1242. Revocation.

A town that has adopted the provisions of this chapter may reject the same by a majority vote of the legal voters present and voting at a special or an annual meeting, provided a proper article therefor is inserted in the warning of such meeting. If approved, such a vote shall become effective 30 days after the date of its adoption.

Amended 1985, No. 198 (Adj. Sess.), § 1.

History

Source. V.S. 1947, § 3686. P.L. § 3601. G.L. § 4065. 1917, No. 104 , § 12.

Amendments--1985 (Adj. Sess.). Inserted "a special or an" following "voting" in the first sentence and added the second sentence.

§ 1243. Method of voting.

A town may vote at an annual or special meeting to adopt or rescind the provisions of this chapter A vote on the question shall be in substantially the following form:

"Shall the [town name] [adopt/rescind] the town manager form of governance in accordance with the provisions of chapter 37 of Title 24 of the Vermont Statutes Annotated?"

Amended 2019, No. 67 , § 21.

History

Source. V.S. 1947, § 3687. 1941, No. 50 , § 1. P.L. § 3602. 1933, No. 157 , § 3357. 1931, No. 52 , § 2. 1931, No. 51 , § 2.

2019. At the end of the first sentence, deleted "Australian", which was inadvertently not set out in strikethrough along with the rest of the text in that sentence that was deleted by 2019, No. 67 , § 21.

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Amendments--2019. Section amended generally.

CHAPTER 39. INCORPORATED VILLAGES

Sec.

§ 1301. Establishment of villages.

Upon a petition of a majority of the voters in town meeting residing in a village containing 30 or more houses, the selectboard shall establish the bounds of such village and cause a description thereof, by its name and bounds, to be recorded in the office of the town clerk and posted in two or more public places in such village. The residents in such village shall thereupon become a body politic and corporate with the powers incident to a public corporation, be known by the name given in such description, by that name may sue and be sued, and hold and convey real and personal estate for the use of the corporation.

History

Source. V.S. 1947, § 3728. P.L. § 3633. G.L. § 4104. 1915, No. 1 , § 118. 1910, No. 115 , § 19. P.S. § 3577. 1906, No. 101 , § 1. V.S. § 3121. R.L. § 2777. G.S. 16, §§ 1, 4. R.S. 14, § 1. 1819, p. 33.

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Cross References

Cross references. Village defined, see 1 V.S.A. § 140.

ANNOTATIONS

Analysis

1. Laying out limits.

Laying out and establishing limits and bounds of village in these words: "Commencing with Samuel Hall, thence to William Scales, also including John W. Dana, Jason and Warren Britt and Thomas Lyford," - was uncertain and insufficient; it must be so described as to include territory, with certain outlines and boundaries. Cutting v. Stone, 7 Vt. 471 (1835).

2. Attacking existence.

Until State institutes proceedings by which municipal corporation organized under color of law is suppressed, it exists de facto and public functions with which it is charged, within the scope of its apparent powers, may be lawfully performed by its officials as de facto officers. Wright v. Phelps, 89 Vt. 107, 94 A. 294 (1914).

Legal existence of municipal corporation organized and acting under color of law with acquiescence of State cannot be collaterally attacked, as in suit to restrain collection of taxes. Wright v. Phelps, 89 Vt. 107, 94 A. 294 (1914).

§ 1302. Alteration of boundaries.

Such corporation may alter the boundaries of such village, with the consent of the persons included in or excluded from the same by such alteration, and a record of such alteration shall be made by the town clerk. The inhabitants included within the limits of such village shall remain inhabitants of the town the same as though a corporation had not been formed.

History

Source. V.S. 1947, § 3729. P.L. § 3634. G.L. § 4105. 1915, No. 1 , § 119. 1910, No. 115 , § 19. P.S. § 3579. V.S. § 3122. R.L. § 2778. G.S. 16, § 7.

Cross References

Cross references. Annexation of adjacent territory to villages, see § 1316 of this title.

§ 1303. Voters.

Persons residing within the limits of an incorporated village who are qualified voters in town meeting shall be voters in village meeting.

History

Source. V.S. 1947, § 3730. P.L. § 3635. 1933, No. 40 , §§ 1, 2. 1933, No. 157 , § 3390. 1921, No. 105 , § 1. G.L. § 4106. 1915, No. 1 , § 120. 1910, No. 115 , § 19. P.S. § 3580. 1904, No. 74 , § 1. V.S. § 3123. R.L. § 2779. G.S. 16, § 9. R.S. 14, § 8.

§ 1304. First meeting; officers.

  1. Within 60 days after record of its name and bounds has been made, the voters in such village shall meet in the village. Notice of the day, hour, and place of the meeting, signed by the town clerk, or, upon his or her default, by a selectperson, shall be posted in four public places in the village and published once in each newspaper published therein, at least ten days previous thereto. The meeting may be called to order by the officer signing the notice.
  2. At such meeting, or at an adjournment thereof, the corporation shall elect a presiding officer, a clerk, five trustees, a treasurer, and a collector of taxes and may elect a tree warden and chief engineer who shall hold their offices until the first annual meeting and until others are elected and qualified. Any qualified and eligible voter of the town in which such village is situated may be elected as such tax collector, chief engineer, clerk, treasurer, or presiding officer.

    Amended 1961, No. 11 , eff. March 3, 1961; 2003, No. 90 (Adj. Sess.), § 1.

History

Source. 1953, No. 144 . V.S. 1947, § 3731. 1943, No. 41 , § 1. 1941, No. 52 , § 1. P.L. § 3636. 1933, No. 157 , § 3391. G.L. § 4107. 1915, No. 1 , § 121. 1910, No. 115 , § 19. P.S. § 3581. 1906, No. 99 , § 1. V.S. § 3124. R.L. § 2780. G.S. 16, § 2. R.S. 14, § 8.

2016. Added the subsec. (a) and (b) designations.

Amendments--2003 (Adj. Sess.). Substituted "60" for "sixty" preceding "days" in the first sentence, inserted "or her" following "his" and substituted "selectperson" for "selectman" in the second sentence, and inserted "treasurer" following "clerk" in the fifth sentence.

Amendments--1961. Inserted "clerk" in the last sentence.

§ 1305. Meetings; warnings.

After the first election, a meeting of such corporation shall be held in each year at the time and place designated in its bylaws, to elect officers and for the transaction of business specified in the warning of such meeting. Special meetings may be called by the trustees. Warnings shall be signed by the clerk, shall specify the business to be transacted as the trustees direct, shall be published in a newspaper of general circulation in the village, and shall be posted in two public places in such village, not more than 40 days nor less than 30 days before such meeting. Such warning shall be recorded in the office of the clerk before it is posted.

Amended 1985, No. 196 (Adj. Sess.), § 20.

History

Source. V.S. 1947, § 3732. P.L. § 3637. G.L. § 4108. 1915, No. 1 , § 122. 1910, No. 115 , § 19. P.S. § 3582. V.S. § 3125. 1888, No. 131 , § 1. R.L. § 2781. G.S. 16, §§ 3, 9.

Amendments--1985 (Adj. Sess.). Rewrote the third sentence.

ANNOTATIONS

Analysis

1. Adjournment of meetings.

When act incorporating village imperatively declares that its trustees shall be annually elected on certain day, majority of meeting called for purpose of electing such officers has no power to adjourn meeting without day, and if legal minority immediately following such adjournment reorganizes the meeting and elects trustees, they are entitled to hold their office. Stone v. Small, 54 Vt. 498 (1882).

2. Recording notice.

Proceedings of school district meeting were not void because clerk failed to record warning in accordance with this section. Adams v. Sleeper, 64 Vt. 544, 24 A. 990 (1892).

§ 1306. Oaths and bonds of officers.

The clerk, treasurer, and collector of such corporation shall be sworn. The treasurer and collector shall give a bond to the corporation in such sum and with such sureties as are prescribed and approved by the trustees, conditioned for the faithful performance of their duties.

History

Source. V.S. 1947, § 3733. P.L. § 3638. G.L. § 4109. 1915, No. 1 , § 123. 1910, No. 115 , § 19. P.S. § 3583. V.S. § 3127. R.L. § 2782. G.S. 16, § 8.

ANNOTATIONS

1. Defenses to suit on bond.

In suit against collector for not paying over taxes actually collected, it was no defense that grand list was invalid, or that he did pay over the money collected on that bill to apply on previous bills. Village of Montpelier v. Clarke, 67 Vt. 479, 32 A. 252 (1895).

§ 1307. Duties of clerk; fees.

The clerk shall keep records of the proceedings of such corporation and give copies of the same when required. He or she shall be paid therefor the same fees as a town clerk.

History

Source. V.S. 1947, § 3734. P.L. § 3639. G.L. § 4110. 1915, No. 1 , § 124. 1910, No. 115 , § 19. P.S. § 3584. V.S. § 3128. R.L. § 2783. G.S. 16, § 9.

Cross References

Cross references. Fees of town clerks, see 32 V.S.A. § 1671.

§ 1308. Duties of trustees; vacancies.

The trustees of a village incorporated under general or special law shall see that its bylaws are executed, direct prosecutions for breaches thereof, and generally shall take care of the affairs of such corporation and perform the duties legally enjoined on them by such corporation. In case of the death, removal, absence, or incapacity of the clerk, the trustees may designate one of their number to perform his or her duties, and may fill a temporary vacancy in any office of such corporation, until an election is had. A record of such appointment shall be made in the office of the clerk of the village.

History

Source. V.S. 1947, § 3735. P.L. § 3640. G.L. § 4111. 1915, No. 1 , § 125. 1910, No. 115 , § 19. P.S. § 3585. V.S. § 3129. R.L. § 2784. 1870, No. 39 , § 3. G.S. 16, § 10.

§ 1309. Taxes; assessment and collection.

At a meeting legally warned for that purpose, corporations formed under this subchapter may vote a tax upon the taxable estate therein or may vote a specific amount to be appropriated for the lawful purposes of the corporation. If a corporation votes a specific amount to be appropriated, the trustees shall, after the grand list book has been computed and lodged, set the tax rate necessary to raise the specific amount voted. The trustees shall make out and deliver to the collector a tax bill, with a warrant for its collection, and the collector shall have the same powers to collect such tax bill as a collector of town taxes.

Amended 2003, No. 90 (Adj. Sess.), § 2.

History

Source. V.S. 1947, § 3736. P.L. § 3641. G.L. § 4112. 1915, No. 1 , § 126. 1910, No. 115 , § 19. P.S. § 3586. V.S. § 3130. R.L. § 2785. G.S. 16, § 4.

Amendments--2003 (Adj. Sess.). In the first sentence, deleted "so" preceding "formed"; inserted "under this subchapter" following "formed"; deleted "polls and" preceding "taxable"; inserted "or may vote a specific amount to be appropriated" following "therein" and added the present second sentence.

§ 1310. Bylaws.

An incorporated village may enact such bylaws and regulations as are expedient, not inconsistent with law, particularly such as relate to streets, sidewalks, lanes, commons, shade and ornamental trees and lights thereon, slaughterhouses and nuisances, police protection, restraint of animals, erection and regulation of buildings and hay scales, the preservation of buildings, with the right of directing alterations in stoves, fireplaces, and causes from which danger from fire may be apprehended, fire engines and other apparatus necessary for the extinguishment of fire, establishment and regulation of fire companies, and to the manufacture and safekeeping of ashes, explosives, and combustibles.

History

Source. V.S. 1947, § 3737. 1947, No. 202 , § 3759. P.L. § 3642. G.L. § 4113. 1915, No. 1 , § 127. 1910, No. 115 , § 19. P.S. § 3587. V.S. § 3131. R.L. § 2786. G.S. 16, § 7. 1845, No. 8 .

ANNOTATIONS

1. Traffic regulations.

This section is general in nature and permits traffic regulations to be enacted, if charter itself does not prohibit such regulations. 1956-58 Op. Atty. Gen. 269.

§ 1311. Forfeiture for breach of bylaws.

An incorporated village may fix the amount of forfeitures for the breach of bylaws, not exceeding $20.00 for any one offense, to be recovered by a civil action on this statute. Such action shall be brought within 90 days from the time the offense is committed, before a Criminal Division of the Superior Court.

Amended 1965, No. 194 , § 10, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 79, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 238; 2017, No. 74 , § 73.

History

Source. V.S. 1947, § 3738. P.L. § 3643. G.L. § 4114. 1915, No. 1 , § 128. 1910, No. 115 , § 19. P.S. § 3588. V.S. § 3132. R.L. § 2787. G.S. 16, § 7. 1845, No. 8 .

Revision note. Substituted "a civil action" for "an action of contract" to conform to Rule 2, Vermont Rules of Civil Procedure, pursuant to 1971, No. 185 (Adj. Sess.) § 236(d). See note under 4 V.S.A. § 219.

Amendments--2017. Section heading: Added "of bylaws".

Amendments--2009 (Adj. Sess.) Substituted "criminal division of the superior court" for "district court" in the second sentence.

Amendments--1973 (Adj. Sess.). Deleted "justice of the peace in such village or a" preceding "district court" at the end of the second sentence.

Amendments--1965. Substituted "district court" for "municipal court" at the end of the second sentence.

§ 1312. Damages in laying out street; appeal.

The trustees of an incorporated village may lay out a street, lane, or walk within its limits, and may appraise the damages. An appeal may be taken by landowners as provided when land is taken for highways.

History

Source. V.S. 1947, § 3739. P.L. § 3644. G.L. § 4115. 1917, No. 254 , § 4050. 1910, No. 115 , § 19. P.S. § 3589. V.S. § 3139. R.L. § 2789. 1870, No. 40 .

Cross References

Cross references. Laying out, discontinuing, and reclassifying highways, see 19 V.S.A. ch. 7.

ANNOTATIONS

Analysis

1. Appeals .

Having applied to village trustees to lay proposed highway, petitioners may go directly to county court without application to selectboard of town. Mason v. St. Albans, 68 Vt. 66, 33 A. 1068 (1896).

*2. Parties.

Trustees of village having refused to lay out highway on petition, petitioners had right to make application to county court for commissioners, just as though refusal had been by selectboard, but town and not village should have been made defendant in county court proceedings. Landon v. Rutland, 41 Vt. 681 (1869).

§ 1313. Village may indemnify officers.

An incorporated village, by vote, may indemnify a duly appointed public or peace officer of the village against legal proceedings for injuries committed by him or her while in the lawful discharge of his or her official duties. If an action is commenced against such officer, upon vote of such village, the trustees may defend such action at its expense.

History

Source. V.S. 1947, § 3740. P.L. § 3645. G.L. § 4116. P.S. § 3590. V.S. § 3141. R.L. § 2791. 1870, No. 39 , §§ 1, 2.

ANNOTATIONS

Analysis

1. Construction with other laws.

If an individual is both a "municipal officer" under 24 V.S.A. § 901(a) and a "duly appointed public officer" of a village under 24 V.S.A. § 1313, then only § 1313 may apply to actions against the individual. Holmberg v. Brent, 161 Vt. 153, 636 A.2d 333 (1993).

Since village fire chief is a "public officer" subject to 24 V.S.A § 1313, he may be sued in his individual capacity as fire chief and is not entitled to summary judgment under 24 V.S.A. § 901 (a), which would require injured firefighter to bring his negligence action against the village. Holmberg v. Brent, 161 Vt. 153, 636 A.2d 333 (1993).

2. Applicability.

24 V.S.A. § 1313 did not provide a village with the right to vote on whether village trustees should be indemnified in an action that residents filed against the village and the trustees because the trustees were elected and § 1313 applied only to duly appointed public officers. Merrill v. Village of N. Troy, - F. Supp. 2d - (D. Vt. Dec. 19, 2008).

Cited. Holmberg v. Brent, 161 Vt. 153, 636 A.2d 333 (1993); Hudson v. Town of East Montpelier, 161 Vt. 168, 638 A.2d 561 (1993).

§ 1314. Powers of officers.

Where acts of incorporation or special laws applicable to villages give to any officers of the village powers conferred upon the selectboards of towns by general law, such village officers may exercise such powers within the limits of the village.

History

Source. V.S. 1947, § 3741. P.L. § 3646. G.L. § 4117. P.S. § 3591. V.S. § 3142. R.L. § 2792.

2016. Substituted "selectboards" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

§ 1315. Appointment of manager.

An incorporated village may avail itself of the provisions of chapter 37 of this title so far as applicable, if a majority of the voters thereof present and voting at any annual or special meeting so vote under a proper article in the warning therefor as in such chapter provided. The trustees of a village adopting the provisions of such chapter shall have the same powers in respect to the employment, direction, supervision, and discharge of a manager and the fixing of his or her bond and salary as are therein conferred upon a selectboard.

History

Source. V.S. 1947, § 3742. P.L. § 3647. G.L. § 4118. 1917, No. 104 , § 13.

2016. Substituted "a selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

§ 1316. Annexation of adjacent territory to villages.

The trustees of an incorporated village may petition in writing a judge of the Superior Court of the county in which such village is situated, to have commissioners appointed to determine the advisability of enlarging the limits of such village, by including territory of the town in which such village is situated. Thereupon, such judge shall appoint three disinterested freeholders, who shall act as such commissioners.

History

Source. V.S. 1947, § 3752. P.L. § 3657. G.L. § 4128. 1915, No. 1 , § 132. 1910, No. 115 , § 19. P.S. § 3600. V.S. § 3146. 1894, No. 129 , §§ 1, 2. 1884, No. 68 , §§ 1, 2.

Amendments--1973 (Adj. Sess.). Substituted "superior court" for "county court".

§ 1317. Annexation; procedure.

The commissioners shall give notice of the time and place of hearing, hear parties interested, and decide whether such enlargement is advisable. When they decide in favor of the annexation, they shall fix the bounds of the territory to be annexed. If such village is divided into wards, they shall determine in what ward or wards such annexed territory shall be placed, or, if necessary, create additional wards out of the same. They shall cause their report, containing a statement of the bounds fixed for such annexed territory and of the new and altered wards, if any, to be recorded in the office of the town clerk.

Amended 2017, No. 74 , § 74.

History

Source. V.S. 1947, § 3753. P.L. § 3658. G.L. § 4129. 1915, No. 1 , § 133. 1910, No. 115 , § 19. P.S. § 3601. V.S. § 3147. 1891, No. 3 , § 1. 1884, No. 68 , § 3.

Amendments--2017. Section heading: Inserted "Annexation;" preceding "procedure".

§ 1318. Annexation; fix time for voting.

At the time of making their decision, if they decide in favor of enlargement, the commissioners shall appoint a time and place at which persons residing within the bounds of the territory sought to be annexed, as fixed by the commissioners, shall meet to vote upon the question of annexation. Such commissioners shall give public notice of such meeting in such manner as they see fit.

Amended 2017, No. 74 , § 75.

History

Source. V.S. 1947, § 3754. P.L. § 3659. G.L. § 4130. 1915, No. 1 , § 134. 1910, No. 115 , § 19. P.S. § 3602. V.S. § 3148. 1884, No. 68 , § 4.

Amendments--2017. Section heading: Inserted "Annexation;" preceding "fix".

§ 1319. Voting in territory proposed to be annexed.

At such meeting, the residents of such territory who are voters in town meeting may vote on the question of annexation. When a majority of such residents in number and amount of grand list vote in favor of such annexation, such vote shall be recorded in the office of the town clerk.

History

Source. V.S. 1947, § 3755. P.L. § 3660. G.L. § 4131. 1915, No. 1 , § 135. 1910, No. 115 , § 19. P.S. § 3603. V.S. § 3149. 1884, No. 68 , § 5.

§ 1320. Village to vote on question of annexation.

Upon the record of such favorable vote, the trustees of such village shall cause a village meeting to be warned. At such meeting, the question of annexation shall be submitted to the voters of such village. When a majority in number of the voters at such meeting vote in favor of such annexation, such vote shall be recorded in the office of the town clerk. From the date of such record, the territory sought to be annexed shall become a part of such village.

History

Source. V.S. 1947, § 3756. P.L. § 3661. G.L. § 4132. 1915, No. 1 , § 136. 1910, No. 115 , § 19. P.S. § 3604. V.S. § 3150. 1884, No. 68 , § 6.

§ 1321. Rights of voters in annexed territory.

Persons residing in such annexed territory, who, at the time of such annexation, are voters in village meeting, shall forthwith become legal voters of such village and of the wards in which they reside, subject to the general provisions of its charter. A new or altered ward of such village shall be entitled to the same officers and privileges as other wards thereof.

History

Source. V.S. 1947, § 3757. P.L. § 3662. G.L. § 4133. 1915, No. 1 , § 137. 1910, No. 115 , § 19. P.S. § 3605. V.S. § 3151. 1891, No. 3 , § 2.

CHAPTER 41. UNIFIED TOWNS AND GORES IN ESSEX COUNTY

Sec.

History

Amendments--2005 (Adj. Sess.). 2005, No. 105 (Adj. Sess.), § 1, substituted "unified" for "unorganized" preceding "towns" in the chapter heading.

Cross References

Cross references. Assessment and collection of taxes in unorganized towns and gores in Essex County, see 32 V.S.A. ch. 133, subch. 6.

Unorganized towns and gores generally, see 24 V.S.A. ch. 43.

§ 1351. Definitions.

In this chapter, unless the context otherwise requires:

  1. "Appraisers" means the appraisers for the unified towns and gores in Essex County, designated in section 1355 of this title.
  2. "Board of Governors" means the Board of Governors for the unified towns and gores in Essex County, elected in section 1351a of this title.
  3. "Gores" means the unified towns and gores in Essex County, or any one of them.
  4. "Supervisor" means the supervisor for the unified towns and gores in Essex County, appointed in section 1351b of this title.

    Added 1967, No. 331 (Adj. Sess.), § 1, eff. Jan. 1, 1969; amended 1999, No. 139 (Adj. Sess.), § 4, eff. May 18, 2000; 2003, No. 96 (Adj. Sess.), § 1; 2005, No. 105 (Adj. Sess.), § 1.

History

Revision note. Substituted "requires" for "required" at the end of the introductory clause to correct a grammatical error.

Added subdivision designations to conform section to V.S.A. style.

Added "of this title" following "section 1352" and "section 1355" to conform references to V.S.A. style.

Amendments--2005 (Adj. Sess.). 2005, No. 105 (Adj. Sess.), § 1, substituted "unified" for "unorganized" preceding "towns" throughout the section.

Amendments--2003 (Adj. Sess.). Subdiv. (2): Substituted "elected" for "appointed".

Amendments--1999 (Adj. Sess.). Section amended generally.

Applicability--1999 (Adj. Sess.) amendment 1999, No. 139 (Adj. Sess.), § 5, eff. May 18, 2000, provided in part that section 4 of the act, which amended this section, shall apply to grand lists for April 1, 2000 or after.

§ 1351a. Board of Governors.

  1. The Board of Governors shall be composed of three individuals residing in the gores. At each annual meeting, the residents of the gores shall elect a member, who shall serve for a term of three years, for each expired term. A vacancy on the Board shall be filled at the next annual meeting in a manner to retain staggered terms.
  2. The residents of the gores may vote at an annual or special meeting to elect not more than two additional members of the Board of Governors for terms of two years each. When the additional members are first elected, one shall be elected for one year and the other member shall be elected for two years. Terms of these additional members shall end on annual meeting days. If the additional members are elected at a special meeting, the term of those elected for one year shall expire on the next annual meeting day and the term of those elected for two years shall expire on the second annual meeting day following their election. A vote establishing additional members of the Board of Governors shall remain in effect until the residents of the gores vote to discontinue the positions at an annual or special meeting duly warned for that purpose.

    Added 1999, No. 139 (Adj. Sess.), § 4, eff. May 18, 2000; amended 2003, No. 96 (Adj. Sess.), § 2.

History

Amendments--2003 (Adj. Sess.). Subsec. (a): Added the subsection designation; substituted "gores" for "Gores"; deleted the former second sentence; deleted "thereafter" following "meeting", substituted "gores" for "Gores" in the present second sentence and inserted "in a manner to retain staggered terms" at the end of the subsection.

Subsec. (b): Added.

Application. 1999, No. 139 (Adj. Sess.), § 5, eff. May 18, 2000, provided in part that section 4 of the act, which enacted this section, shall apply to grand lists for April 1, 2000 or after.

Election of initial Board of Governors. 1999, No. 139 (Adj. Sess.), § 4a, eff. May 18, 2000, provided: "The assistant judges for Essex County shall call a meeting of the residents and property owners of the unorganized towns and gores of Essex County for the purpose of electing the initial board of governors authorized under this act and for any other business warned for no later than July 1, 2000. The meeting shall be held in Essex County. Notice of the meeting shall be sent by first class mail to all residents and property owners of the unorganized towns and gores at their last known address at least 30 days before the meeting. The Essex County clerk shall serve as the board of civil authority for the unorganized towns and gores of Essex County until the election of the initial board of governors and shall serve as the supervisor of the unorganized towns and gores of Essex County until the board of governors appoints a supervisor pursuant to this act."

§ 1351b. Functions and duties of Board of Governors.

  1. The Board of Governors shall hire, direct, or fire one or more supervisors for the gores who shall reside in Essex County, and who shall not be a current member of the Board of Governors. The Board of Governors shall oversee the Supervisor or supervisors in the execution of the Supervisor's functions and duties.
  2. The Board of Governors shall appoint the appraisers. Each of the appraisers shall be a resident of Essex County.
    1. The Board of Governors shall perform the same functions and duties for the gores that a selectboard, school board, and board of civil authority perform for their municipality. (c) (1)  The Board of Governors shall perform the same functions and duties for the gores that a selectboard, school board, and board of civil authority perform for their municipality.
    2. Except as otherwise specifically provided, the Board of Governors shall enjoy the same powers, privileges and immunities, and fees, and shall be subject to the same obligations, limitation, liabilities, and penalties in respect to the gores, as a selectboard, school board, and board of civil authority enjoy and are subject to in respect to their municipality.
    3. The unified towns and gores of Essex County shall be a "municipal corporation" under subsection 1751(a) of this title and shall have the authority to incur debt, issue bonds, and borrow money in accordance with the provisions of chapter 53 of this title.

      Added 1999, No. 139 (Adj. Sess.), § 4, eff. May 18, 2000; amended 2003, No. 96 (Adj. Sess.), § 3; 2007, No. 4 , § 1; 2017, No. 98 (Adj. Sess.), § 1, eff. April 11, 2018.

History

2016. In subsec. (c), added the subdiv. (1)-(3) designations.

Amendments--2017 (Adj. Sess.). Subsec. (b): Substituted "Essex County" for "the gores" at the end of the second sentence.

Amendments--2007. Subsec. (c): Added the third sentence.

Amendments--2003 (Adj. Sess.). Subsec. (a): Substituted "hire, direct, or fire one or more supervisors" for "appoint a supervisor"; "gores" for "Gores" and "reside in" for "be a resident" and inserted "or supervisors" following "supervisor".

Subsec. (c): Substituted "gores" for "Gores" in two places; inserted "a selectboard, school board, and" preceding "board of civil" in two places; substituted "perform" for "performs", "their" for "its" preceding "municipality", "enjoy" for "enjoys" and "are" for "is".

Application. 1999, No. 139 (Adj. Sess.), § 5, eff. May 18, 2000, provided in part that section 4 of the act, which enacted this section, shall apply to grand lists for April 1, 2000 or after.

§ 1352. Repealed. 1999, No. 139 (Adj. Sess.), § 4, eff. May 18, 2000.

History

Former § 1352. Former § 1352, which related to duties and responsibilities of the supervisor, was derived from 1967, No. 331 (Adj. Sess.), § 1; and amended by 1973, No. 58 , § 1.

§ 1353. Functions and duties of supervisor.

  1. The supervisor or supervisors shall perform the same functions and duties for the gores that the truant officer, constable, treasurer, collector of taxes, and town clerk perform for their municipality.
  2. Except as otherwise specifically provided, the supervisor or supervisors shall enjoy the same powers, privileges, immunities, and fees, and shall be subject to the same obligations, limitations, liabilities, and penalties in respect to the gores, as the truant officer, constable, treasurer, collector of taxes, and town clerk enjoy and are subject to in respect to their municipality.

    Added 1967, No. 331 (Adj. Sess.), § 1, eff. Jan. 1, 1969; amended 1999, No. 139 (Adj. Sess.), § 4, eff. May 18, 2000; 2003, No. 96 (Adj. Sess.), § 4.

History

2016. Added the subsec. (a) an d (b) designations.

Amendments--2003 (Adj. Sess.). Inserted "or supervisors" following "supervisor" in two places; substituted "gores" for "Gores" in two places and deleted "school director" preceding "truant officer" in two places.

Amendments--1999 (Adj. Sess.). Added "of supervisor" to the end of the section catchline, substituted "the Gores" for "his unorganized towns and gores" in the first and second sentence and deleted "selectmen, board of civil authority" preceding "school director" in the first and second sentence.

Applicability--1999 (Adj. Sess.) amendment 1999, No. 139 (Adj. Sess.), § 5, eff. May 18, 2000, provided in part that section 4 of the act, which amended this section, shall apply to grand lists for April 1, 2000 or after.

§ 1354. Accounts; annual report.

The supervisor or supervisors shall maintain an account showing in detail the revenue raised and the expenses necessarily incurred in the performance of the supervisor's duties. The supervisor or supervisors shall prepare an annual fiscal report on or before July 1 which shall conform to procedural and substantive requirements to be established by the Board of Governors and which, upon approval by the Board of Governors, shall be distributed to the residents of the gores.

Added 1967, No. 331 (Adj. Sess.), § 1, eff. Jan. 1, 1969; amended 1969, No. 219 (Adj. Sess.), § 1, eff. March 27, 1970; 1977, No. 146 (Adj. Sess.), § 3; 1999, No. 139 (Adj. Sess.), § 4, eff. May 18, 2000; 2003, No. 96 (Adj. Sess.), § 5; 2013, No. 142 (Adj. Sess.), § 37; 2015, No. 131 (Adj. Sess.), § 27.

History

Amendments--2015 (Adj. Sess.). Substituted "on or before July 1" for "by July 1" in the second sentence, and deleted the final sentence.

Amendments--2013 (Adj. Sess.). Added the last sentence.

Amendments--2003 (Adj. Sess.). Inserted "or supervisors" following "supervisor" in the first and second sentences and substituted "gores" for "Gores" at the end of the section.

Amendments--1999 (Adj. Sess.). Added "annual report" at the end of the section catchline, substituted "of the supervisor's duties" for "of his duties" in the first sentence and added the second sentence.

Amendments--1977 (Adj. Sess.). Deleted the second sentence.

Amendments--1969 (Adj. Sess.). Rewrote the second sentence.

Applicability--1999 (Adj. Sess.) amendment 1999, No. 139 (Adj. Sess.), § 5, eff. May 18, 2000, provided in part that section 4 of the act, which amended this section, shall apply to grand lists for April 1, 2000 or after.

§ 1355. Appraisers.

Subject to the approval of the Director of the Division of Property Valuation and Review, the supervisor shall appoint for the year 1973: one appraiser for a term of three years; one appraiser for a term of two years; and one appraiser for a term of one year. For each year thereafter, the Board of Governors shall annually appoint one appraiser for a term of three years. The Board of Governors may revoke any appointment made under this section and shall, subject to the approval of the Director of the Division of Property Valuation and Review, fill any vacancy in the Board of Appraisers.

Added 1967, No. 331 (Adj. Sess.), § 1, eff. Jan. 1, 1969; amended 1973, No. 58 , § 2, eff. April 1, 1973; 1977, No. 105 , § 14(b); 1999, No. 139 (Adj. Sess.), § 4, eff. May 18, 2000.

History

Amendments--1999 (Adj. Sess.). Section amended generally.

Amendments--1977. Substituted "director of the division of property valuation and review" for "commissioner of taxes".

Amendments--1973. Rewrote the first sentence and added the third sentence.

Applicability--1999 (Adj. Sess.) amendment 1999, No. 139 (Adj. Sess.), § 5, eff. May 18, 2000, provided in part that section 4 of the act, which amended this section, shall apply to grand lists for April 1, 2000 or after.

Cross References

Cross references. Compensation of appraisers for unified towns and gores in Essex county, see 32 V.S.A. § 1228.

§ 1356. Functions and duties of Board of Appraisers.

  1. The Board of Appraisers shall perform the same functions and duties for the unified towns and gores of Essex County that listers perform for their municipality.
  2. Except as otherwise specifically provided, the appraisers shall enjoy the same powers, privileges, immunities, and remuneration and shall be subject to the same obligations, limitations, liabilities, and penalties in respect to the unified towns and gores of Essex County as listers enjoy and are subject to in respect to their municipality.

    Added 1967, No. 331 (Adj. Sess.), § 1, eff. Jan. 1, 1969; amended 1999, No. 139 (Adj. Sess.), § 4, eff. May 18, 2000; 2017, No. 74 , § 76.

History

Amendments--2017. Added the subsec. (a) and (b) designations; in subsec. (a), substituted "unified" for "unorganized" and inserted "of Essex County" following "gores"; and in subsec. (b), substituted "the unified" for "unorganized" preceding "towns" and inserted "of Essex County" following "gores".

Amendments--1999 (Adj. Sess.). Added "of board of appraisers" to the end of the section catchline and inserted "board of" preceding "appraisers" in the first sentence.

Applicability--1999 (Adj. Sess.) amendment 1999, No. 139 (Adj. Sess.), § 5, eff. May 18, 2000, provided in part that section 4 of the act, which amended this section, shall apply to grand lists for April 1, 2000 or after.

CHAPTER 43. UNORGANIZED TOWNS AND GORES

Sec.

History

Pursuant to 1967, No. 331 (Adj. Sess.), § 5, eff. July 1, 1969, this chapter no longer applies to the unorganized towns and gores in Essex County, or to the supervisor or appraisers for those unorganized towns and gores.

Cross References

Cross references. Assessment and collection of taxes in unorganized towns and gores generally, see 32 V.S.A. ch. 133, subch. 5.

Unified towns and gores of Essex County, see 24 V.S.A. ch. 141.

§ 1401. Appraisers; appointment.

Subject to the approval of the Governor, the Director of the Division of Property Valuation and Review shall appoint biennially on the first Tuesday of March a board of three appraisers for the unorganized towns and gores in each county, with power to revoke any such appointment and to fill any vacancy in such board.

Amended 1977, No. 105 , § 14(b).

History

Source. V.S. 1947, § 3662. 1947, No. 44 , § 6. P.L. § 3577. 1933, No. 157 , § 3332. 1923, No. 24 , § 1. G.L. § 857. 1912, No. 42 , § 2. 1910, No. 38 , § 8. P.S. § 522. V.S. § 385. 1886, No. 7 , § 1. R.L. § 290. 1865, No. 21 , § 1. 1862, No. 18 , § 1.

Amendments--1977. Substituted "director of the division of property valuation and review" for "commissioner of taxes".

Application. Pursuant to 1967, No. 331 (Adj. Sess.), § 5, eff. July 1, 1969, this section and sections 1402-1409 of this title no longer apply to the unorganized towns and gores in Essex county, or to the supervisor or appraisers for those unorganized towns and gores.

Cross References

Cross references. Compensation for appraisers of unorganized towns and gores, see 32 V.S.A. § 1227.

§ 1402. Appraisers; oath; file.

Each appraiser shall take and subscribe to an oath in form and substance as required of listers in towns and file the same in the office of the county clerk where he or she is to exercise the duties of his or her office.

Amended 2017, No. 74 , § 77; 2017, No. 113 (Adj. Sess.), § 156.

History

Source. V.S. 1947, § 3663. P.L. § 3578. 1933, No. 157 , § 3333. G.L. § 858. 1912, No. 42 , § 6. 1910, No. 38 , § 9. P.S. § 523. V.S. § 386. R.L. § 291. 1862, No. 18 , § 2.

Amendments--2017 (Adj. Sess.) Substituted "Each appraiser" for "Appraisers" preceding "shall take".

Amendments--2017. Section heading: Substituted "Appraisers; oath; file" for "Oath".

§ 1403. Supervisors; appointment.

Biennially, on February 1, to hold office for two years therefrom, the Governor shall appoint and commission one supervisor for the unorganized towns and gores in each county who shall give a bond to the State. Such supervisor shall not be an appraiser.

History

Source. V.S. 1947, § 3664. P.L. § 3579. 1933, No. 157 , § 3334. G.L. §§ 859, 952. 1915, No. 32 , § 5. 1912, No. 42 , §§ 20, 21. 1910, No. 38 , §§ 8, 10. P.S. §§ 522, 678. V.S. §§ 385, 539. 1888, No. 7 , § 1. R.L. §§ 290, 442. 1865, No. 21 , § 1. 1862, No. 18 , §§ 1, 4.

Cross References

Cross references. Compensation of supervisors of unorganized towns and gores, see 32 V.S.A. § 1229.

Supervisors of unorganized towns and gores attached to Agency of Administration, see 3 V.S.A. § 2202.

§ 1404. Supervisors; commission and oath; record.

The commission and oath of each supervisor shall be recorded in the office of the county clerk where such towns and gores are situated.

Amended 2017, No. 74 , § 78.

History

Source. V.S. 1947, § 3665. P.L. § 3580. G.L. § 860. 1912, No. 42 , § 22. 1910, No. 38 , § 9. P.S. § 523. V.S. § 386. R.L. § 291. 1862, No. 18 , § 2.

Amendments--2017. Section heading: Inserted "Supervisors; commission and" preceding "oath".

§ 1405. Supervisor not liable for mistakes.

A supervisor shall not be liable to an action which may accrue in consequence of any illegality in the assessment or apportionment of a tax, or any mistake, mischarge, or overcharge in any tax bill, or any illegality or informality in any tax bill, warrant, or other precept furnished him or her for the collection of a tax.

History

Source. V.S. 1947, § 3666. P.L. § 3581. G.L. § 953. 1912, No. 42 , § 28. P.S. § 684. V.S. § 545. R.L. § 449. G.S. 84, § 62. R.S. 77, § 36. R. 1797, p. 346, § 14.

§ 1406. Taxes expended; how.

Upon allowance of the accounts of supervisors and appraisers for unorganized towns and gores, the Commissioner of Finance and Management shall certify forthwith the amount as allowed to the State Treasurer and the balance, if any, of the monies received from any supervisor, after deducting the amount of the county tax and regional planning costs, if any. The amount of such supervisors' and appraisers' accounts, so certified, shall be used for the laying out, construction, and maintenance of highways and bridges in the unorganized towns and gores for which the supervisor is appointed, to be expended by and under the direction of the Secretary of Transportation, in the same manner as State transportation appropriations. The portion of the money which remains unexpended for more than one year may be carried forward in the supervisors' accounts for like purposes.

Amended 1959, No. 328 (Adj. Sess.), § 8(c); 1971, No. 78 , § 1, eff. April 16, 1971; 1987, No. 243 (Adj. Sess.), § 29, eff. June 13, 1988; 1993, No. 172 (Adj. Sess.), § 30; 2009, No. 50 , § 92.

History

Source. V.S. 1947, § 3667. P.L. § 3582. G.L. § 959. 1917, No. 48 , § 5. 1912, No. 42 , § 37.

Revision note. Reference to "finance director" in the first sentence changed to "commissioner of finance" to conform reference to new title and reorganization of state government. See § 2201 et seq. of Title 3.

Reference to "state highway board" in the second sentence changed to "state transportation board". See § 6 of Title 19.

Amendments--2009. Rewrote the last sentence.

Amendments--1993 (Adj. Sess.). Deleted "thereof" preceding "as allowed" in the first sentence, substituted "the" for "such" following "gores for which", "secretary of transportation" for "state transportation board" following "direction of the" and "transportation" for "highway" preceding "appropriations" in the second sentence, and substituted "the portion of the" for "such part of such" preceding "money" and "which" for "as" thereafter and deleted "such" following "adjoining" in the third sentence.

Amendments--1987 (Adj. Sess.). Inserted "and management" following "commissioner of finance" in the first sentence.

Amendments--1971. Provided for deduction of planning costs.

Amendments--1959 (Adj. Sess.). Substituted "finance director" for "auditor of accounts" in the first sentence.

§ 1407. Abatement of taxes.

Appraisers for unorganized towns and gores shall have the same power to abate a tax in the hands of a supervisor that the board for the abatement of town taxes has to abate town taxes, and shall certify such abatement to the State Treasurer.

History

Source. V.S. 1947, § 3668. 1939, No. 19 , § 3. P.L. § 3583. G.L. § 961. 1912, No. 42 , § 26. P.S. § 683. V.S. § 544. R.L. § 447. 1862, No. 18 , § 5.

§ 1408. Supervisor; general duties.

The supervisor shall act as a selectperson in matters of road encroachment, planning, and related bylaws, as school director and truant officer, as constable, as collector of taxes, as town clerk in the matter of licensing dogs, and as town clerk and board of civil authority in the matter of tax appeals from the decisions of the board of appraisers.

Amended 1967, No. 147 , § 36, eff. Oct. 1, 1968; 1971, No. 78 , § 2, eff. April 16, 1971; 2011, No. 155 (Adj. Sess.), § 19.

History

Source. V.S. 1947, § 3669. 1947, No. 44 , § 2. P.L. § 3584. 1933, No. 157 , § 3339. G.L. §§ 1303, 4250, 4648, 6743. 1917, No. 254 , § 1264a. 1915, No. 64 , § 173. 1912, No. 42 , §§ 30, 31, 32, 40. P.S. §§ 1127, 1128, 3694, 4061. 1908, No. 164 . 1906, No. 59 , § 1. 1906, No. 60 , § 1. R. 1906, §§ 1039, 1040. V.S. §§ 791, 836, 845, 3519. 1896, No. 65 , § 3. 1894, No. 162 , § 802. 1888, No. 9 , §§ 81, 207. 1884, No. 34 . R.L. §§ 511, 512, 514, 636, 3138. 1872, No. 12 . 1870, No. 18 . 1867, No. 18 , §§ 1, 2. G.S. 22, §§ 32, 49, 51. G.S. 25, § 72. 1854, No. 42 , § 1. R.S. 18, §§ 17, 19. R.S. 21, § 40. 1827, No. 23 , §§ 11, 12. R. 1797, p. 495, § 3. R. 1797, p. 359, § 18. R. 1792, p. 55. R. 1787, p. 137.

Amendments--2011 (Adj. Sess.). Substituted "The supervisor shall act as a selectperson" for "Such supervisor shall act as selectman", added "and as town clerk and board of civil authority in the matter of tax appeals from the decisions of the board of appraisers" and made related grammatical changes.

Amendments--1971. Added "planning and related bylaws".

Amendments--1967. Deleted "overseer of the poor".

Cross References

Cross references. Supervisors of unorganized towns and gores as control commissioners under liquor control laws, see 7 V.S.A. § 168.

§ 1409. Supervisor's account.

Quarterly, on the first Tuesday in February, May, August, and November, each supervisor shall render to the Commissioner of Finance and Management an account showing in detail the time spent and expenses necessarily incurred by him or her in the performance of his or her duties, except such duties as relate to the collection of taxes or are compensated by fees. Such account, as allowed by the Commissioner of Finance and Management, shall be paid by the State out of the avails of the taxes assessed under 32 V.S.A. § 4962 .

Amended 1983, No. 195 (Adj. Sess.), § 5(b).

History

Source. V.S. 1947, § 3670. P.L. § 3585. G.L. § 958. 1915, No. 32 , § 7. 1912, No. 42 , § 36.

Revision note. Reference to "auditor of accounts" and "auditor" changed to "finance director" pursuant to 1959, No. 328 (Adj. Sess.), § 8(b). See note under § 182 of Title 32.

Reference to "commissioner of finance and information support" changed to "commissioner of finance and management" in two places in light of Executive Order No. 35-8

Reference to "finance director" was changed to 'commissioner of finance" to conform reference to new title and reorganization of state government. See § 2201 et seq. of Title 3.

Amendments--1983 (Adj. Sess.). Substituted "commissioner of finance and information support" for "commissioner of finance" in two places.

CHAPTER 45. VOLUNTARY CONSOLIDATION OF TOWNS

Sec.

Cross References

Cross references. Merger of cities, incorporated villages, special purpose districts, and school districts, see 24 V.S.A. ch. 49.

§ 1421. Appointment of committee.

The selectboard of any town may appoint a committee to study the feasibility and desirability of the consolidation of such town, or parts of such town, with another town, or towns, or parts thereof.

Added 1963, No. 146 , § 1.

History

2016. Substituted "'selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

§ 1422. Assistant judges; cooperation with committee.

A committee appointed under the authority of this chapter shall confer with the assistant judges of the Superior Court within which county the town is located, who shall cooperate with such committee to study the feasibility and desirability of the consolidation of such town with another town, or towns, or parts thereof, and if the assistant judges decide that there is a reasonable possibility of such a consolidation and that it would be beneficial to the inhabitants of the areas proposed to be consolidated, they shall suggest to the selectboard of such other town or towns that they appoint a committee or committees to consider the proposed consolidation.

Added 1963, No. 146 , § 2; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.

History

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Amendments--1973 (Adj. Sess.) Substituted "Superior Court" for "county court".

§ 1423. Town committees; joint plan for consolidation.

  1. Any committee appointed at the suggestion of the assistant judges shall meet and confer with the committee of the town proposing consolidation, and the two committees acting jointly, if they determine that a consolidation would promote the interests of the residents of the areas to be consolidated and that greater governmental efficiency would result, shall draw a detailed plan for a consolidation, setting forth the boundaries of the areas to be consolidated, scheduling and listing land, buildings, and equipment owned by each town which will not be needed after consolidation and placing a fair market value thereon and scheduling and listing land, buildings, and equipment deemed necessary for the areas to be consolidated.  They shall also schedule and list the liabilities of each town and draw up a balance sheet showing the true assets and liabilities of the proposed consolidated town taking into consideration the value of the land, buildings, and equipment which will not be needed after consolidation.
  2. Any plan for consolidation may provide for the establishment of one or more of the towns consolidating as a village within the consolidated town, and for the continuance of any zoning ordinances in effect in such town as village ordinances and, in case such town has a bonded debt, for special village tax levies for the payment thereof.  Any plan may also provide that school districts within the areas to be consolidated may be established as incorporated school districts within the consolidated town.

    Added 1963, No. 146 , § 3.

§ 1424. Approval by assistant judges.

Any plan drawn up as provided in section 1423 of this title shall be submitted to the assistant judges for their approval, and if they find that the plan, if carried out, would result in greater governmental efficiency for the areas involved they shall so notify the selectboard of the towns involved in the proposed consolidation and direct them to publish the plan in their respective towns and to call town meetings for the purpose of voting in said town upon the acceptance or rejection thereof. In the consideration of any consolidation plan submitted to them the assistant judges shall have due regard to the topography of the areas, the ease of transportation, the economic and social patterns, and whether a proposed consolidation would promote the interest of the inhabitants of the areas proposed to be consolidated.

Added 1963, No. 146 , § 4.

History

Revision note. Substituted "section 1423 of this title" for "the preceding section" to conform reference to V.S.A. style.

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

§ 1425. Consolidation plan; publication; voting.

When any plan of consolidation has been approved by the assistant judges, the selectboard of each of the towns involved shall publish such plan by posting a copy of the same in at least three public places in each town for three consecutive weeks and causing the same to be published once a week for three consecutive weeks in a newspaper in general circulation in such town. Within 30 days after such publication the selectboard shall call a town meeting of each town to be held on the same day for the purpose of voting on the proposed consolidation. The voting shall be by ballot and shall be held at the usual polling place in each town and the polls shall be open from 6:00 A.M. to 6:00 P.M.

Added 1963, No. 146 , § 5.

History

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

§ 1426. Voting qualifications.

The qualifications for voting on any proposed consolidation shall be the same as those for the election of town officers.

Added 1963, No. 146 , § 6.

§ 1427. Result of vote; certification.

The town clerk of each town voting on a proposed consolidation shall certify the result of the vote to the county clerk, and if the majority of voters in each of the respective towns involved shall have voted in favor of the plan, the county clerk shall so certify to the Secretary of State who shall report to the General Assembly then or next in session, submitting the detailed plan so approved by the towns for its consideration.

Added 1963, No. 146 , § 7.

§ 1428. Consolidated town; first meeting.

If a new consolidated town shall be established by the General Assembly, the county clerk of the county in which such consolidated town is located shall call a meeting of the qualified voters of such town, who shall be the residents of the consolidated areas who were qualified to vote at the last town meeting of their former respective towns, who shall proceed to elect a slate of town officers to serve until the next annual town meeting.

Added 1963, No. 146 , § 8.

§ 1429. State Treasurer; duties.

The State Treasurer shall act as fiduciary for any towns consolidated under the provisions of this chapter. He or she shall determine the bonds of the consolidating towns outstanding, shall give written notice to the consolidated town not less than 30 days before each due date of interest and principal due to be paid by such consolidated town, and shall bill and collect each amount so notified. Funds so collected shall be held by him or her and applied only to the payment of such bonds or of bonds of the consolidated town issued in exchange therefor.

Added 1963, No. 146 , § 9.

§ 1430. Consolidation of areas in different counties.

Should any proposed consolidation involve towns or parts of towns situated in different counties, it shall be the duty of the assistant judges of both counties to act jointly in carrying out the purposes of this chapter. Upon certifying a favorable vote on a proposed consolidation to the Secretary of State they shall also recommend within which county the proposed consolidated town should be included.

Added 1963, No. 146 , § 10.

CHAPTER 47. MUNICIPAL LINES

Sec.

History

Amendments--2005 (Adj. Sess.). 2005, No. 102 (Adj. Sess.), § 1, substituted "municipal" for "town" in the chapter heading.

Cross References

Cross references. Meridian lines for towns and cities, see 1 V.S.A. ch. 19.

ANNOTATIONS

1. Power conferred.

The power delegated under this chapter is to locate rather than create, reasonably and the selectboard and courts are confined to locating the boundary as nearly according to the charter as it reasonably can be. Town of Putney v. Town of Brookline, 126 Vt. 194, 225 A.2d 388 (1967).

The authority vested in the county courts by this chapter confers judicial power and responsibility and does not involve legislative or administrative functions. Town of Brookline v. Town of Newfane, 126 Vt. 179, 224 A.2d 908 (1966).

Proceeding given by this chapter for establishing town lines confines court to locating and establishing true division line - the charter line - between towns. Town of Searsburg v. Town of Woodford, 76 Vt. 370, 57 A. 961 (1904).

§ 1461. Location or alteration of municipal lines; monuments.

  1. When the legislative bodies of adjoining municipalities are able to agree as to the location of a municipal line, each legislative body shall vote in meetings duly warned for the purpose to adopt the location. Prior to the vote, each legislative body shall hold at least one public hearing duly warned for the purpose of informing the public of, and allowing public comment on, the location of the line. Following the meetings, the legislative bodies shall conduct a, or ratify an existing, survey of the municipal line and file certified copies of the minutes of the meetings, and the survey, and a list of property owners, the legal location of whose property is changed by the agreement, with the Secretary of State, the clerk of each of the municipalities, and the Vermont Enhanced 911 Board.
  2. When the legislative bodies of adjoining municipalities are unable to agree as to the location of a municipal line, or in the absence of a clearly definable charter line, the legislative bodies shall sign a written agreement to submit to arbitration pursuant to 12 V.S.A. chapter 192.
    1. If an award of arbitration does not alter a municipal line, the award shall be filed with the Secretary of State and the clerk of each of the municipalities.
    2. If an award of arbitration would result in an alteration of a municipal line, the award shall require that a survey be conducted of the municipal line and apportion the cost of the survey between or among the respective municipalities as deemed appropriate. Following the survey, one or more of the legislative bodies shall petition the General Assembly to adopt the alteration of the municipal line pursuant to the survey. Following enactment of legislation which alters a municipal line, the legislative bodies shall file the survey and a list of property owners, the legal location of whose property is changed by the award, with the Secretary of State, the clerk of each of the municipalities, and the Vermont Enhanced 911 Board. Each legislative body of the adjoining municipalities shall post a notice of the petition to the General Assembly that specifies the nature and extent of the proposed legislation in at least two public places and in the town clerk's office at least three weeks prior to filing the petition.
  3. When the legislative bodies of adjoining municipalities are able to agree as to the location of a municipal line and one or more of the legislative bodies believes that alteration of the existing line or the establishment of a new line is necessary, the legislative bodies shall conduct a survey of the new municipal line. Following the completion of the survey, one or more of these legislative bodies shall petition the General Assembly to establish the location of the municipal line. Following the enactment of legislation which ratifies the alteration of the municipal line, the legislative bodies shall file the survey and a list of property owners, the legal location of whose property is changed by the legislation, with the Secretary of State, the clerk of each of the municipalities, and the Vermont Enhanced 911 Board. Each legislative body of the adjoining municipalities shall post a notice of the petition to the General Assembly that specifies the nature and extent of the proposed legislation in at least two public places and in the town clerk's office at least three weeks prior to filing the petition.
  4. When the General Assembly enacts legislation which ratifies a survey of a municipal line, it may appropriate funds sufficient to monument those municipal lines at the points on the municipal lines where the lines change direction. If the legislative body of a municipality desires additional monuments, it shall provide funds for those monuments at the expense of the municipality.
  5. A survey required by this section shall be conducted by a land surveyor licensed in this State.
  6. The Secretary of State, in consultation with the Agency of Transportation, shall develop a process for requesting proposals for surveying for use by municipalities.
  7. Upon receipt of a list of property owners filed pursuant to subsection (a), (b), or (c) of this section, a municipal clerk shall file the list in the land records of the municipality and shall place in the grantee index of those records the names of property owners whose land or portion thereof has been added to the municipality and in the grantor index of those records the names of property owners whose land or portion thereof has been subtracted from the municipality.

    Amended 1967, No. 241 (Adj. Sess.), § 2, eff. Feb. 13, 1968; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2005, No. 102 (Adj. Sess.), § 1.

History

Source. V.S. 1947, § 3671. P.L. § 3586. 1933, No. 157 , § 3341. G.L. § 4066. 1910, No. 116 , § 1. P.S. § 3551. V.S. § 3097. R.L. § 2755. 1870, No. 38 .

2014. In subsec. (c), in the second sentence, substituted "these" for "this" preceding "legislative bodies" to correct a grammatical error.

Amendments--2005 (Adj. Sess.). Section amended generally.

Amendments--1973 (Adj. Sess.) Substituted "superior court" for "county court".

Amendments--1967 (Adj. Sess.). Added reference to absence of clearly definable charter line.

ANNOTATIONS

Analysis

1. Construction with other laws.

The implication of this section, making resort to judicial process available when selectboard of adjoining towns are unable to agree on location of town line, and 2 V.S.A. § 17, reserving to Legislature the authority to entertain petitions for altering town and county lines and creating new towns, is that Legislature delegated authority to locate, as distinguished from alter, the true line to selectboard of adjoining towns and, failing in that, has authorized location of charter line by county courts. Town of Putney v. Town of Brookline, 126 Vt. 194, 225 A.2d 388 (1967).

2. Resurveying.

Vote by town under this section to cause division line to be "resurveyed" was equivalent to vote to have line "located," in view of meaning of "locate," and to give court jurisdiction of petition to appoint commissioners to locate line. Underhill v. Town of Jericho, 101 Vt. 41, 140 A. 156 (1927).

3. Petition.

Where petition under this chapter alleges petitioner took necessary preliminary steps, appointment of committee is adjudication that such steps have been taken, and that question cannot be raised upon coming in of report. Somerset v. Town of Glastonbury, 61 Vt. 449, 17 A. 748 (1889).

4. Surveyor's duty.

The requirement in this section that one member of the commission be a practical and competent surveyor was intended to have his expert and informed judgment contribute to the understanding of the technical problems in controversy; however the surveyor's independent inquiry, interview of witnesses out of court, and the examination of documents outside of evidence is improper. Brookline v. Town of Newfane, 126 Vt. 179, 224 A.2d 908 (1966).

§§ 1462-1464. Repealed. 2005, No. 102 (Adj. Sess.), § 2.

History

Former §§ 1462-1464. Former § 1462, relating to procedure for ascertaining town lines, was derived from V.S. 1947, § 3672; 1947, No. 202 , § 3694; P.L. § 3587; 1933, No. 157 , § 3342; G.L. §§ 4067, 4071, 4074; 1910, No. 116 , §§ 2, 6, 9; P.S. §§ 3552, 3555; V.S. §§ 3098, 3101; R.L. §§ 2756, 2759; 1870, No. 38 ; G.S. 92, §§ 1-3 and amended by 1967, No. 241 (Adj. Sess.), § 1.

Former § 1463, relating to recording and effect of proceedings for town lines, was derived from V.S. 1947, § 3673; P.L. § 3588; 1933, No. 157 , § 3343; G.L. §§ 4072, 4073; 1910, No. 116 , §§ 7, 8; P.S. § 3554; V.S. § 3100; R.L. § 2758 and G.S. 92, § 1.

Former § 1464, relating to exception as to government lands for town lines, was derived from V.S. 1947, § 3674; P.L. § 3589; 1929, No. 56 ; G.L. § 4069; and 1910, No. 116 , § 4.

Annotations From Former § 1462

1. Hearing.

The legislative requirement of a hearing under this section implies judicial standards with faithful observance of fundamental requirements of fairness that are the essence of due process in a proceeding of a judicial nature. Brookline v. Newfane, 126 Vt. 179, 224 A.2d 908 (1966).

The issues presented in determining a boundary between towns are to be judicially determined, not arbitrated, and the trial by reference is to be conducted in the same manner as trial by court; evidence is presented in the presence of the parties and to the full panel unless these requirements are waived. Brookline v. Newfane, 126 Vt. 179, 224 A.2d 908 (1966).

A reference to commissioners under this chapter constitutes them a panel of referees and such referees shall be governed by the rules of law in the admission of evidence and determination of the issue as required by 12 V.S.A. §§ 2041 and 2042. Brookline v. Newfane, 126 Vt. 179, 224 A.2d 908 (1966).

2. Charter line.

While this section contemplates that charter line is one to be located and established, it is not necessarily absolutely and precisely according to charter, but as nearly according to charter as it reasonably may be. Town of Underhill v. Town of Jericho, 102 Vt. 367, 148 A. 412 (1930).

3. Acquiescence in wrong boundary line.

Acquiescence in a wrong boundary, whatever its duration, will not change the true division line established in the legislative grant nor cause the charter line to give way; recognition and concurrence by the towns in a boundary at variance with a line established by legislative grant, as a matter of law, cannot prevail over the line established by the charters. Town of Brookline v. Town of Newfane, 126 Vt. 179, 224 A.2d 908 (1966); Town of Putney v. Town of Brookline, 126 Vt. 194, 225 A.2d 388 (1967).

Where the true division is uncertain or obscure, historic observance of a boundary marked upon the ground, coupled with acquiescence long endured has probative value to indicate where the charter line might be found. Town of Brookline v. Town of Newfane, 126 Vt. 179, 224 A.2d 908 (1966).

While acquiescence in a boundary alone can have no prescriptive effect nor transfer any territory, it may have evidentiary value in the search for the location of the true boundary. Town of Brookline v. Town of Newfane, 126 Vt. 179, 224 A.2d 908 (1966).

4. Costs.

Where defendant town refused to agree that survey, made by civil engineer employed by parties jointly, which located that part of division line in dispute substantially as it was later established by commissioners, should be accepted and adopted as the town line, or to agree to acceptance and adoption of any other line, except one then claimed by defendant, costs were properly taxable against it under provisions of this section. Town of Underhill v. Town of Jericho, 102 Vt. 367, 148 A. 412 (1930).

CHAPTER 49. MERGER OF MUNICIPALITIES

Sec.

Cross References

Cross references. Consolidation of towns, see chapter 45 of this title.

§ 1481. Definitions.

The term "municipalities" as used in this chapter means cities, incorporated villages, special purpose districts, and school districts.

Added 1965, No. 184 , § 3.

§ 1482. Preliminary plan.

A plan of merger shall be prepared which shall be approved by a majority of the legislative body of each of the parties to the proposed merger before being promulgated.

Added 1965, No. 184 , § 2(a).

§ 1483. Contents of plan.

The plan of merger shall include provisions relating to structure, organization, functions, operation, finance, property, and other appropriate matters; shall include special provisions contained in a charter of any municipality included in the plan, which provisions are peculiar to that municipality, and which it is desired to retain as charter provisions of the consolidated municipality; and shall include adequate provisions for the satisfaction of all obligations of the parties concerned. The plan shall provide that any area or group of voters in the consolidated municipality or town may have special services, not common to all the voters in the municipality or town, provided for them, if so voted. All costs of whatever nature required to support these special services shall be paid for by the taxpayers receiving these services, by a tax on their grand list, to be assessed annually by the selectboard or the equivalent officers of a municipality, or in such other manner as the selectboard or the equivalent officers of a municipality shall determine. If the costs are to be paid by a tax, such tax shall be paid and collected in the same manner as other taxes and such tax assessed on their grand list shall be a lien thereon.

Added 1965, No. 184 , § 2(b); amended 1966, No. 31 (Sp. Sess.), § 1, eff. March 12, 1966.

History

2016. Substituted "selectboard" for "selectmen" in two places in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Amendments--1966. Added "shall include special provisions . . . of the consolidated municipality" following "other appropriate matters" in first sentence.

§ 1484. Notice and hearing.

Not less than 30 days prior to the meetings referred to in section 1485 of this title, copies of the plan of merger shall be posted in three or more public places in each of the areas involved. Two public hearings on the proposed plan of merger shall be held at intervals of two weeks in each of the areas involved. The later hearings shall be held not less than five days before the meetings referred to in section 1485 of this title. Notices of the hearings shall be advertised in at least three issues of a newspaper of general circulation in the town. The last advertisement shall appear not later than three days before the final public hearing.

Added 1965, No. 184 , § 2(c).

§ 1485. Vote of approval.

  1. Adjoining municipalities within a town may merge upon the approval of a plan of merger by a majority vote of each municipality concerned at a meeting duly warned for that purpose and held in each of such municipalities.
  2. One or more municipalities within a town may merge into the town upon the approval of a plan of merger by a majority vote of the municipality or municipalities and the town at separate meetings duly warned for that purpose and held in each of the areas concerned.
  3. When approved by Australian ballot by the voters of each of the merging municipalities and approved by the General Assembly under 17 V.S.A. § 2645 , that part of the plan of merger containing the permanent provisions required by section 1483 of this title shall become the charter of the consolidated municipality.

    Added 1965, No. 184 , § 1(a), (b); amended 1966, No. 31 (Sp. Sess.), § 2, eff. March 12, 1966; 1995, No. 108 (Adj. Sess.), § 1.

History

Amendments--1966. Subsec. (c): Added.

Amendments--1995 (Adj. Sess.) Subsec. (c): Substituted "Australian ballot by the voters of each of the merging municipalities" for "the voters under this section", "approved" for "ratified", and "section 2645 of Title 17" for "section 703 of this title".

§ 1486. Notice to Secretary of State.

The clerk or equivalent officer of the municipality into which other municipalities have merged shall so notify the Secretary of State within ten days following the last of the meetings referred to in section 1485 of this title.

Added 1965, No. 184 , § 4.

§ 1487. Alternative merger provisions.

Notwithstanding the existence of any special act authorizing the merger of two or more municipalities, the legislative bodies of those municipalities which plan to merge may elect to proceed either under this chapter or under the special act authorizing the merger.

Added 1966, No. 31 (Sp. Sess.), § 3, eff. March 12, 1966.

CHAPTER 51. FINANCES; ACCOUNTS AND AUDITS

SUBCHAPTER 1. TAXES

SUBCHAPTER 2. TOWN TREASURER; ACCOUNTS; CITY ACCOUNTS

SUBCHAPTER 3. ORDERS DRAWN BY MUNICIPAL BODIES

SUBCHAPTER 4. ACCOUNTS OF OVERSEER OF POOR [REPEALED.]

SUBCHAPTER 5. AUDITORS AND AUDITS

Subchapter 1. Taxes

§ 1521. Tax bills and warrants.

The selectboard shall seasonably make out and deliver to the proper collector, or to the town treasurer, if the town has voted to collect its taxes by that officer, tax bills for State, county, town, town school district, and highway taxes, with the name of each person taxed and the amount of the tax. They shall annex proper warrants thereto for collection and may include all of such taxes or a part thereof in one tax bill; provided, however, that a tax bill that includes an assessment of tax on a homestead shall separately state the amount of tax imposed on the housesite for municipal services and the amount of tax imposed on the housesite for education property tax. One warrant only shall be required for the collection of taxes on such tax bill. The selectboard shall certify on a tax bill, so made out what taxes are included therein and the rate percent of each tax so included.

Amended 1997, No. 60 , § 28, eff. July 1, 1998; 2003, No. 76 (Adj. Sess.), § 19, eff. Feb. 17, 2004.

History

Source. V.S. 1947, § 3561. P.L. § 3484. G.L. § 3970. P.S. § 3468. V.S. § 3017. 1888, No. 7 , § 1. R.L. § 2693. G.S. 15, §§ 46, 47. R.S. 13, §§ 42, 43. R. 1797, p. 296, § 24. R. 1797, p. 350, § 6. 1792, p. 48.

Amendments--2003 (Adj. Sess.). Substituted "highway taxes" for "highways", "housesite" for "homestead" in two places, and deleted "local share property tax and statewide" preceding "education".

Amendments--1997 Section amended generally.

Maximum tax rates. 1977, No. 105 , § 21, eff. July 1, 1977, provided: "On and after the effective date of this act [July 1, 1977], any town charter provision or other provision of law establishing a maximum amount for the tax rate in a particular town is amended so that the tax rate specified therein shall be one-half of that previously specified in such provision or law."

ANNOTATIONS

Analysis

1. Estoppel.

Taxpayer was not estopped from denying the validity of grand list by fact that as chair of selectboard he made out tax bill from that grand list and put it into hands of collector for collection. Lynde v. Town of Dummerston, 61 Vt. 48, 17 A. 45 (1888).

2. Warrants.

There is no requirement that selectboard attach warrant to tax bill that they make out and furnish to treasurer, provisions of this section requiring selectboard to attach "proper" warrants to tax bills referring only to those which they delivered to collector of taxes. Federal Land Bank v. Flanders, 105 Vt. 204, 164 A. 539 (1933).

This section does not require that list of delinquent taxpayers nor warrant attached thereto, delivered by municipal treasurer to the collector, should show that taxes were assessed by proper authority. Buchanan v. Cook, 70 Vt. 168, 40 A. 102 (1897).

Selectboard should annex warrant to rate bill of State school tax as in case of tax voted by town. Wilson v. Seavey, 38 Vt. 221 (1865).

3. Certificates.

In absence of any statute upon subject, one selectboard member may properly perform mechanical act of writing names of other members of board to certificate of assessment, being authorized by them so to do. Bellows v. Weeks, 41 Vt. 590 (1869).

4. Errors.

Mere error in computation will not invalidate grand list nor particular tax. Wilmot v. Althrop, 67 Vt. 671, 32 A. 861 (1895).

Cited. Richford Savings Bank & Trust Co. v. Thomas, 111 Vt. 393, 17 A.2d 239 (1940).

§ 1522. Receipt for tax bills.

Upon the delivery of such tax bills to the collector, the selectboard shall take from him or her a receipt therefor, and shall deliver the same to the town treasurer.

History

Source. V.S. 1947, § 3562. P.L. § 3485. G.L. § 3971. P.S. § 3469. V.S. § 3018. R.L. § 2732. 1880, No. 113 , § 1.

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

§ 1523. Tax bills; duties of selectboards as to a deficit.

  1. When a town at the end of the fiscal year contemplated by section 1683 of this title has a deficit, unless the voters of said town have voted a special tax to make up said deficit or unless said deficit shall have been refunded pursuant to the provisions of chapter 53 of this title, the selectboard, when making up the next annual tax bill, shall add thereto a tax of five percent or such multiple of five in addition to the tax vote already authorized by law, to be levied upon the grand list of such town as will provide sufficient revenue to liquidate such deficit.
  2. When a school district at the end of the fiscal year contemplated by section 1683 of this title has a deficit, unless the voters have voted to borrow funds to repay the deficit over a term of three years or less, or unless the deficit has been refunded pursuant to chapter 53 of this title, the school board shall add an amount sufficient to pay the deficit to its next adopted budget and report the total to the Secretary of Education for purposes of calculating education spending.
  3. As used in this section, the following words have the following meanings unless the context clearly indicates the contrary: A "deficit" is the excess of the current liabilities and liability reserves of the fund over its current assets; or, where the fund has also other resources and obligations, the excess of its obligations over its resources; "current assets" are those assets which are available or can be made readily available to meet the cost of operations or to pay current liabilities; "current liabilities" are those liabilities which are payable within a relatively short period of time, usually no longer than a year; a "fund" is a sum of money or other resource set aside for the purpose of carrying on specific activities or attaining certain objectives in accordance with special regulations, restrictions, or limitations, and constituting an independent fiscal and accounting entity such as the general or school fund.

    Amended 1959, No. 129 , eff. April 21, 1959; 1997, No. 71 (Adj. Sess.), § 119, eff. March 11, 1998; amended 2003, No. 36 , § 11; 2005, No. 182 (Adj. Sess.), § 9; 2013, No. 92 (Adj. Sess.), § 270, eff. Feb. 14, 2014.

History

Source. 1951, No. 66 . V.S. 1947, § 3563. P.L. S 3486. 1921, No. 101 , §§ 1, 2.

Revision note. Added subsection and subdivision designations to conform section to V.S.A. style.

Reference in text to "chapter 47" was changed to "chapter 53" to conform reference to renumbering of such chapter.

Amendments--2013 (Adj. Sess.). Subsec. (b): Substituted "Secretary of Education" for "commissioner of education".

Amendments--2005 (Adj. Sess.). Subsec. (b): Deleted "local" preceding "education".

Amendments--2003. Subsec. (b): Inserted "unless the voters have voted to borrow funds to repay the deficit over a term of three years or less, or unless the deficit has been refunded pursuant to chapter 53 of this title" following "deficit".

Amendments--1997 (Adj. Sess.). Substituted "selectboards" for "selectmen" in the section heading; designated formerly undesignated language as subsecs. (a) and (c); in subsec. (a), deleted "or a town school district", "or district" and "or town district" following "town" throughout, substituted "selectboard" for "selectmen", and added subsec. (b).

Amendments--1959. Changed generally the definition of "deficit".

ANNOTATIONS

Cited. , 1934-36 Op. Atty. Gen. 238.

§ 1524. Tax levies; how kept.

The town treasurer upon receiving from the selectboard a town tax bill under the provisions of 32 V.S.A. § 4791 or the receipt of the tax collector for such bill under the provisions of section 1522 of this title shall credit the town highway department and the town school district each with the gross sum of the levy provided for such department and district. The balance of such levy shall be credited to the general fund.

Amended 2017, No. 74 , § 79.

History

Source. V.S. 1947, § 3572. 1947, No. 202 , § 3594. P.L. § 3494. 1933, No. 43 , § 2.

2016. 16 V.S.A. § 513, cross-referenced in this section, was repealed pursuant to 2007, No. 66 , § 15.

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Amendments--2017. Deleted ", subject, however, to the provision of 16 V.S.A. § 513 as to school districts," following "school district".

ANNOTATIONS

Analysis

1. Construction.

In absence of clear statutory direction, changes and alterations in grand list that change amount of money received by treasurer should be reflected in a revision of credits to school district and highway department, and law should be read so as to give each its proportionate share and to revise credits accordingly as required by this section. 1962-64 Op. Atty. Gen. 67.

2. Duties of treasurer.

After treasurer delivers delinquent tax bills to collector, whole responsibility of collecting rests on latter; and only duty thereafter devolving on treasurer is to receive and account for any money paid him by collector. Town of Brookfield v. Bigelow, 80 Vt. 428, 68 A. 656 (1907).

3. Liability of treasurer.

Where municipality collects its taxes through its treasurer, such treasurer, in the absence of any breach of duty on his part, is chargeable only with money he has actually received. Town of Brookfield v. Bigelow, 80 Vt. 428, 68 A. 656 (1907).

4. Deductions.

No deduction may be made by town for discount on taxes paid before due date thereof, except in those few instances where incorporated school district is located within township which has by vote provided for specific discount authorized by 16 V.S.A. § 513. 1948-50 Op. Atty. Gen. 102.

Collection fees, other lawful costs of collection, abatements, and other losses in enforcement of rate bill should not be deducted from account of town school district. 1934-36 Op. Atty. Gen. 238.

§ 1525. Tax levies; credit for gains.

The treasurer shall thereafter credit to the general fund all gains over the total sum of such rate bill by reason of fractional discounts under the provisions of 32 V.S.A. § 4774 or of interest charges upon delinquent tax payments under the provisions of 32 V.S.A. § 5136 or any other gain.

Amended 2017, No. 74 , § 80.

History

Source. V.S. 1947, § 3573. P.L. § 3495. 1933, No. 43 , § 3.

Amendments--2017. Section heading: Inserted "Tax levies;" preceding "credit".

§ 1526. Tax levies; debit of general fund.

The treasurer shall debit thereafter such general fund with:

  1. all collection fees allowed such treasurer for receiving taxes and issuing his or her warrant to the collector;
  2. any other lawful costs of collection;
  3. abatements made by the board for the abatement of taxes; and
  4. any other diminution or loss in the course of the enforcement of such rate bill.

    Amended 2017, No. 74 , § 81.

History

Source. V.S. 1947, § 3574. P.L. § 3496. 1933, No. 43 , § 4. G.L. § 893. P.S. § 622. V.S. § 484. 1882, No. 106 , § 1. R.L. § 385. 1880, No. 90 , § 4.

Amendments--2017. Section heading: Inserted "Tax levies;" preceding "debit".

ANNOTATIONS

1. School district account.

Collection fees, other lawful costs of collection, abatements, and other losses in enforcement of rate bill should not be deducted from account of town school district. 1934-36 Op. Atty. Gen. 238.

§ 1527. Tax levies - Officers' duties.

  1. In all towns having therein neither an incorporated village nor an incorporated school district, the town treasurer shall deal with the usual tax levies as provided in sections 1524-1526 of this title.
  2. In any town having therein an incorporated village but no incorporated school district, the town treasurer shall deal with the usual tax levies except the highway levy as provided in such sections and the voters of the town may vote to adopt the provisions of the aforementioned sections for application to the town highway levy.
  3. In any town having therein an incorporated school district but no incorporated village, the town treasurer shall deal with the usual tax levies except the school district levy as provided in sections 1524-1526 of this title and the voters of the town may vote to adopt the provisions of the aforementioned sections for application to the town school district levy.
  4. In any town having therein both an incorporated school district and an incorporated village, the provisions of said sections 1524-1526 with regard to the relation of general fund, highway account, and town school district account shall apply only if adopted by action of the voters of the town.

History

Source. 1953, No. 192 . V.S. 1947, § 3575. 1947, No. 202 , § 3597. 1939, No. 61 , § 1. 1935, No. 62 , § 1. P.L. § 3497. 1933, No. 43 , §§ 1, 5.

2016. Added the subsec. (a)-(d) designations.

§ 1528. Collector of taxes.

When a town at its annual meeting elects a collector of taxes, he or she shall collect State, county, town, and town school district taxes. Warrants and rate bills for the collection of such taxes shall be directed to the collector, and he or she shall give his or her receipt therefor. He or she shall collect and pay over such taxes agreeably to his or her warrant.

History

Source. V.S. 1947, § 3588. P.L. § 3510. G.L. § 4007. 1917, No. 254 , § 3955. P.S. § 3506. V.S. § 3056. R.L. § 2725. 1866, No. 44 .

ANNOTATIONS

1. Bills without warrants.

It is not breach of official duty on part of collector to neglect to account for uncollected tax bills where no warrants were annexed to them. Town of Ferrisburg v. Birkett, 60 Vt. 330, 14 A. 88 (1888).

§ 1529. First constable as collector.

The first constable shall be collector of State, county, town, and town school district taxes when a collector of taxes is not elected at the annual town meeting, and shall pay over the taxes collected agreeably to the warrants for their collection.

History

Source. V.S. 1947, § 3586. P.L. § 3508. G.L. § 4005. 1917, No. 254 , § 3953. P.S. § 3504. V.S. § 3054. R.L. § 2723. 1866, No. 44 . G.S. 15, §§ 78, 83. R.S. 13, §§ 59, 64. R. 1797, p. 293, § 19. R. 1787, p. 32.

§ 1530. Compensation.

If a municipality votes to pay a salary or other compensation for collecting taxes in lieu of fees and commissions, the latter shall be turned in to the municipal treasurer at least once a month.

Amended 1997, No. 156 (Adj. Sess.), § 28, eff. April 29, 1998; 2003, No. 100 (Adj. Sess.), § 3.

History

Source. V.S. 1947, § 3587. P.L. § 3509. 1933, No. 45 , § 1. G.L. § 4006. 1917, No. 254 , § 3954. P.S. § 3505. V.S. § 3055. R.L. § 2724. G.S. 15, § 82. R.S. 13, § 63.

Amendments--2003 (Adj. Sess.). Deleted the first sentence and substituted "If a " for "However, if the" at the beginning of the section.

Amendments--1997 (Adj. Sess.). Rewrote the paragraph.

Applicability--2003 (Adj. Sess.) amendment. 2003, No. 100 (Adj. Sess.), § 5, provides that the amendment to this section shall take effect for the collection of taxes assessed on or after April 1, 2005.

ANNOTATIONS

1. Action for compensation.

Collector cannot maintain action against town, where selectboard caused taxes to be collected through some other agency, for what he would have realized from their collection, although by law it was his duty to collect them. Woodward v. Town of Rutland, 61 Vt. 316, 17 A. 797 (1889).

In order to recover against town on agreement made under this section, breach alleged being neglect of town to give plaintiff collection of certain taxes, declaration must fully and explicitly set forth contract duly made by town with plaintiff to give him collection of such taxes. Cameron v. Town of Walden, 32 Vt. 323 (1859).

§ 1531. Payment of money; inspection of tax book.

When requested by notice in writing signed by a majority of the selectboard, the collector of taxes shall pay to the town treasurer the money belonging to the town and the town school district collected by him or her. He or she shall submit his or her tax book and list to the treasurer for inspection and computation. When he or she fails to do so for ten days, he or she shall be fined not more than $100.00.

History

Source. V.S. 1947, § 3589. P.L. § 3511. G.L. § 4008. 1917, No. 254 , § 3956. P.S. § 3507. V.S. § 3057. R.L. § 2726. 1874, No. 11 , §§ 1, 3.

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

§ 1532. Settlement; disqualification for neglect.

Annually, on or before February 1, the collector shall pay over all monies collected by him or her to the treasuries to which they belong and settle his or her account with the treasurers. When he or she refuses or neglects so to do, he or she shall be ineligible to reelection for the ensuing year.

History

Source. V.S. 1947, § 3590. P.L. § 3512. 1933, No. 157 , § 3277. 1919, No. 99 . G.L. § 4009. P.S. § 3508. V.S. § 3058. R.L. § 2733. 1880, No. 113 , § 2.

ANNOTATIONS

1. Liability of surety.

Surety is liable for nonpayment of taxes collected even though levy was invalid. Pawlet v. Kelly, 69 Vt. 398, 38 A. 92 (1897).

§ 1533. Town board for the abatement of taxes.

  1. The board of civil authority, with the listers and the town treasurer, shall constitute a board for the abatement of town and property taxes and water and sewer charges.
  2. The act of a majority of a quorum at a meeting shall be treated as the act of the board. This quorum requirement need not be met if the town treasurer, a majority of the listers, and a majority of the selectboard are present at the meeting.

    Amended 1999, No. 49 , § 82, eff. June 2, 1999; 2017, No. 74 , § 82; 2017, No. 130 (Adj. Sess.), § 13.

History

Source. V.S. 1947, § 3615. 1945, No. 44 , § 1. P.L. § 3532. 1929, No. 54 . G.L. § 4017. 1917, No. 254 , § 3967. P.S. § 3517. V.S. § 3067. 1892, No. 52 . R.L. § 2739. 1876, No. 19 . G.S. 15, §§ 66, 68. 1860, No. 23 . 1847, No. 28 . R.S. 13, § 49. R. 1797, p. 298, § 30. R. 1787, p. 151.

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Amendments--2017 (Adj. Sess.). Added the subsec. (a) and (b) designations and amended subsec. (a) generally.

Amendments--2017. In the first sentence, deleted "taxes" following "school district" and in the third sentence, substituted "This quorum requirement" for "The above requirement in respect to a quorum".

Amendments--1999 Inserted "and current use taxes" following "district taxes" and made minor stylistic changes in the first sentence.

§ 1534. Meetings; how notified.

Meetings of such board shall be notified like meetings of the board of civil authority, except that at least one of the listers shall have personal notice of such meetings.

History

Source. V.S. 1947, § 3616. P.L. § 3533. G.L. § 4018. P.S. § 3518. V.S. § 3068. 1892, No. 52 . R.L. § 2779. 1876, No. 19 . G.S. 15, §§ 66, 68. 1860, No. 23 . 1847, No. 28 . R.S. 13, § 49. R. 1797, p. 298, § 30. R. 1787, p. 151.

Cross References

Cross references. Notice of meetings of board of civil authority, see § 801 of this title.

§ 1535. Abatement.

  1. The board may abate in whole or part taxes, water charges, sewer charges, interest, or collection fees, or any combination of those, other than those arising out of a corrected classification of homestead or nonhomestead property, accruing to the town in the following cases:
    1. taxes or charges of persons who have died insolvent;
    2. taxes or charges of persons who have moved from the State;
    3. taxes or charges of persons who are unable to pay their taxes or charges, interest, and collection fees;
    4. taxes in which there is manifest error or a mistake of the listers;
    5. taxes or charges upon real or personal property lost or destroyed during the tax year;
    6. the exemption amount available under 32 V.S.A. § 3802(11) to persons otherwise eligible for exemption who file a claim on or after May 1 but before October 1 due to the claimant's sickness or disability or other good cause as determined by the board of abatement; but that exemption amount shall be reduced by 20 percent of the total exemption for each month or portion of a month the claim is late filed;
    7. , (8) [Repealed.]

      (9) taxes or charges upon a mobile home moved from the town during the tax year as a result of a change in use of the mobile home park land or parts thereof or closure of the mobile home park in which the mobile home was sited, pursuant to 10 V.S.A. § 6237 .

  2. The board's abatement of an amount of tax or charge shall automatically abate any uncollected interest and fees relating to that amount.
  3. The board shall, in any case in which it abates taxes or charges, interest, or collection fees accruing to the town or denies an application for abatement, state in detail in writing the reasons for its decision.
    1. The board may order that any abatement as to an amount or amounts already paid be in the form of a refund or in the form of a credit against the tax or charge for the next ensuing tax year or charge billing cycle and for succeeding tax years or billing cycles if required to use up the amount of the credit. (d) (1)  The board may order that any abatement as to an amount or amounts already paid be in the form of a refund or in the form of a credit against the tax or charge for the next ensuing tax year or charge billing cycle and for succeeding tax years or billing cycles if required to use up the amount of the credit.
    2. Whenever a municipality votes to collect interest on overdue taxes pursuant to 32 V.S.A. § 5136 , interest in a like amount shall be paid by the municipality to any person for whom an abatement has been ordered.
    3. Interest on taxes or charges paid and subsequently abated shall accrue from the date payment was due or made, whichever is later. However, abatements issued pursuant to subdivision (a)(5) of this section need not include the payment of interest.
    4. When a refund has been ordered, the board shall draw an order on the town treasurer for payment of the refund.

      Amended 1975, No. 158 (Adj. Sess.), § 1; 1989, No. 149 (Adj. Sess.), § 1, eff. April 24, 1990; 1991, No. 19 ; 1995, No. 149 (Adj. Sess.), § 1; 1999, No. 49 , § 83, eff. June 2, 1999; 1999, No. 159 (Adj. Sess.), § 24, eff. May 29, 2000; 2001, No. 140 (Adj. Sess.), § 30, eff. June 21, 2002; 2003, No. 76 (Adj. Sess.), § 3, eff. Feb. 17, 2004; 2005, No. 14 , §§ 6, 7, eff. May 3, 2005; 2011, No. 155 (Adj. Sess.), § 6; 2017, No. 130 (Adj. Sess.), § 13.

History

Source. V.S. 1947, § 3617. P.L. § 3534. 1933, No. 157 , § 3299. 1919, No. 100 , § 1. G.L. § 4019. P.S. § 3519. R. 1906, § 3401. V.S. §§ 3069, 3070. R.L. § 278. 1876, No. 19 . G.S. 15, § 66. R.S. 13, § 49. R. 1797, p. 298, § 30. R. 1787, p. 151.

2019 In the introductory paragraph of subsec. (a), substituted "nonhomestead" for "nonresidential" in accordance with 2019, No. 46 , § 2, effective January 1, 2020.

Amendments--2017 (Adj. Sess.). Section amended generally.

Amendments--2011 (Adj. Sess.). Subsec. (a): Substituted "or collection fees" for "and collection fees" in the introductory language.

Amendments--2005 Subdivs. (a)(7) and (8): Repealed.

Amendments--2003 (Adj. Sess.). Subsec. (a): Inserted "other than those arising out of a corrected classification of homestead or nonresidential property" following "fees".

Amendments--2001 (Adj. Sess.) Subdiv. (a)(7): Substituted "is a farmer as defined in 32 V.S.A. § 3752(7)" for "derives at least 50 percent of his or her annual income from apple production" in the first sentence and deleted "its" preceding "discretion" near the beginning in the second sentence.

Amendments--1999 (Adj. Sess.). Subdiv. (a)(9): Added.

Amendments--1999 Subdivs. (a)(7) and (a)(8): Added.

Amendments--1991 Subsec. (d): Substituted "may" for "shall" preceding "order", deleted "shall" following "paid" and inserted "refund or in the form of a" preceding "credit against" in the first sentence and added the second through fifth sentences.

Amendments--1989 (Adj. Sess.) Inserted "interest, and collection fees accruing to the town" following "part taxes" in subsec. (a) and added "interest, and collection fees" following "their taxes" in subdiv. (a)(3), added a new subsec. (b), redesignated former subsec. (b) as subsec. (c) and inserted "interest, or collection fees accruing to the town" following "abates taxes" in that subsection, and redesignated former subsec. (c) as subsec. (d) and substituted "an amount or amounts" for "taxes" preceding "already paid" in that subsection.

Amendments--1975 (Adj. Sess.) Section amended generally.

Amendments--1995 (Adj. Sess.) Subdiv. (a)(6): Added.

Applicability--1999 (Adj. Sess.) amendment 1999, No. 159 (Adj. Sess.), § 25, provided in part that section 24 of the act, which amended this section, shall apply to tax assessments for 2001 and after, and shall apply to sales, transfers, trades, and removal on or after July 1, 2000.

ANNOTATIONS

Analysis

1. Construction.

1976 amendments reorganized the abatement statute by dividing it into subsections and adding some separate grounds for abatement, and it appears that the Legislature intended merely to streamline existing language by removing surplus words in the clause providing for abatement where there is error or mistake. Thus, it is incorrect to conclude that a manifest error must be attributable to the listers. Garbitelli v. Town of Brookfield, 191 Vt. 76, 38 A.3d 1133 (2011).

2. Equity.

Tax abatement is an equitable remedy, and thus the maxim that a party seeking an equitable remedy must come to court with clean hands is fully applicable. Equity denotes the spirit of fairness, justness, and right dealing; a court has great discretion to deny aid to the unclean litigant and can refuse to be the abetter of iniquity. Garbitelli v. Town of Brookfield, 191 Vt. 76, 38 A.3d 1133 (2011).

3. Abatement properly denied.

In an abatement proceeding, the board was entitled to weigh the equities and take into account any bad conduct of taxpayer, and it found that the taxpayer engaged in unfair and inequitable conduct by refusing the listers reasonable access to the property. The board properly considered the taxpayer's conduct, and there was no abuse of its discretion in denying his abatement request on this ground. Garbitelli v. Town of Brookfield, 191 Vt. 76, 38 A.3d 1133 (2011).

4. Review.

Taxpayer who sought to appeal a tax abatement denial was entitled to review in the Civil Division. Murray v. City of Burlington, 191 Vt. 597, 44 A.3d 162 (mem.) (2012).

5. Sufficiency of claim.

Taxpayer had made a sufficient showing to survive dismissal of her appeal from denial of a tax abatement. When taken as a whole, the allegations involved a request for abatement insofar as she alleged that her taxes were illegally assessed because the city knew that the property was contaminated, but treated it otherwise; further, the taxpayer claimed that the taxes were manifestly unjust because the city's abatement process was not impartial and lacked due process. Murray v. City of Burlington, 191 Vt. 597, 44 A.3d 162 (mem.) (2012).

6. Detail of decision.

Board of abatement's decision must provide sufficient explanation to indicate to the parties, and to an appellate court, what was decided and upon what considerations. The writing need not be lengthy, exhaustive, or legalistic, and need not satisfy the standards the appellate court would apply to a trial court's findings, but it must address the arguments raised by the applicant, and the more detailed and clear a taxpayer's own presentation, the greater the board's duty to respond in kind. Guntlow v. Bd. of Abatement, 198 Vt. 174, 112 A.3d 732 (2014).

Board of abatement's responses that the "delinquent-tax collector could not take a portion of payment towards one parcel on a tax bill, being in the hands of the attorney," that "the elimination of the house site is based on the income and is handled by the State," and that "the same cost table/schedule were used to value the property as were to the rest of the parcels in town" were sufficiently detailed reasons for its decision. Guntlow v. Bd. of Abatement, 198 Vt. 174, 112 A.3d 732 (2014).

Board of abatement's decision was not sufficiently detailed when, with respect to the taxpayers' argument that the listers improperly and without notice reclassified their property to an inapplicable and less advantageous status, the board stated, "No, it was not proven by the appellant that the listers had erred," as this response amounted to "you are wrong," without any explanation why, and when another response failed to address the years 2005 to 2010. Guntlow v. Bd. of Abatement, 198 Vt. 174, 112 A.3d 732 (2014).

§ 1536. Abatement; record; discharge.

The board for the abatement of taxes shall make a record of taxes, interest, and fees so abated, which shall be recorded in the office of the town clerk and a certified copy shall be forwarded forthwith to the collector of taxes and the town treasurer. The collector shall mark in the tax bill the taxes, interest, and fees abated and the persons against whom they were assessed shall be discharged from their payment. An abatement of a use change tax shall be separately recorded in the land records of the municipality in which the property subject to the abatement is located and shall effect a release of the land use lien on the portion of the property abated.

Amended 1989, No. 149 (Adj. Sess.), § 2, eff. April 24, 1990; 1999, No. 49 , § 84, eff. June 2, 1999; 2017, No. 74 , § 83.

History

Source. 1957, No. 101 . V.S. 1947, § 3618. 1945, No. 45 , § 1. P.L. § 3535. 1933, No. 157 , § 3300. G.L. § 4020. P.S. § 3520. 1904, No. 78 , § 1. V.S. § 3071. R.L. § 2781. G.S. 15, § 67. R.S. 13, § 50. R. 1797, p. 298, § 30. R. 1787, p. 151.

Amendments--2017. Section heading: Inserted "Abatement;" preceding "record".

Amendments--1999 Added the third sentence.

Amendments--1989 (Adj. Sess.) Deleted "of taxes" following "discharge" in the section catchline, inserted "interest and fees" preceding "so abated" in the first sentence, and substituted "the" for "his" preceding "tax bill" and inserted "interest and fees" preceding "abated" in the second sentence.

ANNOTATIONS

1. Immunity from penalties.

Abatement of taxes and the entry thereof in collector's tax bill, pursuant to statutory authority, provides same immunity from driver's license suspension penalty as does striking of name of a taxpayer from poll tax list by board of civil authority. Aiken v. Malloy, 132 Vt. 200, 315 A.2d 488 (1974).

§ 1537. City or village board of tax abatement.

The board for the abatement of taxes of a city shall consist of the mayor, city clerk, and aldermen thereof and the justices of the peace and assessors residing therein; of a village, of the trustees and clerk thereof and the justices of the peace and listers residing therein. Such board may abate taxes, interest, and fees accruing to such municipality in all cases where a different provision is not made by the charter, acts of incorporation, or amendments thereto, of such municipality.

Amended 1989, No. 149 (Adj. Sess.), § 3, eff. April 24, 1990.

History

Source. V.S. 1947, § 3758. P.L. § 3663. 1933, No. 157 , § 3417a. 1921, No. 106 , § 1.

Amendments--1989 (Adj. Sess.) Inserted "or village" following "city" in the section catchline and "interest and fees" preceding "accruing" in the second sentence.

§ 1538. Assessment of tax to pay execution.

When a demand is made upon a city, town, town school district, or incorporated village for payment of an execution issued against it, and funds are not available in its treasury to pay the same, the mayor and board of aldermen, selectboard, or trustees shall forthwith assess a tax upon the grand list of the city, town, town school district, or incorporated village, sufficient to pay such execution with the charges and 12 percent interest thereon, and cause the same to be collected within 60 days.

History

Source. V.S. 1947, § 3764. P.L. § 3667. 1933, No. 157 , § 3438. G.L. § 4134. 1917, No. 254 , § 4068. P.S. § 3606. V.S. §§ 3022, 3140. R.L. §§ 2697, 2790. G.S. 85, § 14. 1857, No. 37 , § 2. R.S. 78, § 11. R. 1797, p. 301, § 5. R. 1787, p. 31.

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Revision note - References to "city" and "mayor and board of aldermen" were added to incorporate in section the definitions contained in § 2001 of this title, which was derived from V.S. 1947, § 3759. This section was subject to the definition contained in said § 3759 in V.S. 1947.

Subchapter 2. Town Treasurer; Accounts; City Accounts

§ 1571. Accounts; reports.

  1. The town treasurer shall keep an account of monies, bonds, notes, and evidences of debt paid or delivered to him or her, and of monies paid out by him or her for the town and the town school district, which accounts shall at all times be open to the inspection of persons interested.
  2. Monies received by the town treasurer on behalf of the town may be invested and reinvested by the treasurer with the approval of the legislative body.
  3. The town treasurer shall file quarterly reports with the legislative body regarding his or her actions set forth in subsections (a) and (b) of this section.
  4. The town treasurer shall annually, on or before June 30, complete and provide to the selectboard a copy of the document made available by the Auditor of Accounts pursuant to 32 V.S.A. § 163(11) regarding internal financial controls.

    Amended 1981, No. 239 (Adj. Sess.), § 5; 2011, No. 155 (Adj. Sess.), § 27.

History

Source. V.S. 1947, § 3568. P.L. § 3491. G.L. § 3995. 1917, No. 254 , § 3943. P.S. § 3494. V.S. § 3043. R.L. § 2711. G.S. 15, §§ 69, 70. R.S. 13, §§ 51, 52. R. 1797, p. 284, § 3.

Amendments--2011 (Adj. Sess.). Added "; reports" in the section heading; twice added "or her" in subsec. (a); and added subsecs. (c) and (d).

Amendments--1981 (Adj. Sess.) Designated existing provisions of section as subsec. (a). and added subsec. (b).

§ 1572. City accounts.

The accounting officers of the several cities within the State shall keep uniform accounts in a manner prescribed by the Auditor of Accounts.

History

Source. V.S. 1947, § 3569. 1935, No. 66 , § 1.

§ 1573. Assistant treasurer.

A town or city treasurer may appoint an assistant town or city treasurer and may revoke any such appointment at any time. The town or city treasurer shall be responsible for the acts and omissions of any assistant appointed by him or her. If after written request from the selectboard to appoint an assistant treasurer, the town or city treasurer fails for ten days to do so, the selectboard may appoint an assistant treasurer and may revoke such appointment at any time. An assistant treasurer, during the temporary absence or disability of the treasurer, shall perform the duties of treasurer. The appointment and revocation of assistant treasurer shall be recorded in the office of the town or city clerk.

Amended 1959, No. 183 , § 1

History

Source. V.S. 1947, § 3570. 1947, No. 202 , § 3592. P.L. § 3492. 1933, No. 44 , § 1.

2016. Substituted "selectboard" for "selectmen" in two places in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Revision note - Inserted a comma preceding "during" in the fourth sentence to correct a grammatical error.

Amendments--1959. Section amended generally.

§ 1574. Record of taxes voted.

The treasurer shall keep a record showing the amount of taxes voted for the support of highways, schools, special departments, if any, and for general town purposes. Such record shall be based upon an inspection of the town and town district tax bills, when placed with the treasurer by the selectboard under the provisions of 32 V.S.A. § 4791 . When such taxes are collected by a tax collector, such record may be based upon the collector's tax receipt.

History

Source. V.S. 1947, § 3571. P.L. § 3493. 1921, No. 96 , § 2.

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

§ 1575. Repealed. 1985, No. 196 (Adj. Sess.), § 17.

History

Former § 1575. Former § 1575, relating to the adoption of a uniform system of accounting and reporting, was derived from V.S. 1947, § 3576; P.L. § 3498; 1933; No. 157 § 3263; G.L. § 3996. 1917, No. 101 ; 1915, No. 109 , §§ 3, 5, and amended by 1967, No. 91 , § 3; 1971, No. 82 .

Annotations From Former § 1575

1. Cities and villages.

Under the law as presently drafted, cities are, but villages are not, included in the statutes relating to the establishment of a uniform system of accounting. 1968-70 Op. Atty. Gen. 75.

§ 1576. Town treasurer; record of orders.

The treasurer shall pay orders drawn on him or her by officials authorized by law to draw such orders. If he or she does not pay such orders, on demand, the holder thereof may recover the amount from the town, with interest from the time of such demand. The treasurer shall keep a record of such orders not paid on demand in a book kept for that purpose. In the event, however, where there are insufficient funds on hand for the payment of any such order, the treasurer shall forthwith notify the selectboard and the officer drawing the same.

History

Source. 1951, No. 67 . V.S. 1947, § 3577. P.L. § 3499. 1919, No. 98 , § 3. G.L. § 3997. P.S. § 3495. V.S. § 3044. R.L. § 2712. G.S. 15, § 71. R.S. 13, § 53.

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

ANNOTATIONS

Analysis

1. Negotiability.

An order, negotiable in form, drawn on the treasurer of a school district by the prudential committee thereof, is negotiable in law. Blaisdell v. School Dist. No. 2, 72 Vt. 63, 47 A. 173 (1899).

A town order in these words, "The treasurer of the town of Whitingham is directed to pay to W. H. Follett or bearer, ten dollars and eighty-six cents on demand, Jan. 7, 1851," has all the elements of negotiable paper, and when such orders are drawn, presented for payment, and payment refused, they are negotiable, and can be prosecuted in the name of the indorsee. Dalrymple v. Town of Whitingham, 26 Vt. 345 (1854).

2. Demand for payment.

No cause of action as to principal of school district order accrues till demand of payment, and when demand of payment on such order, dated more than six years before commencement of suit, was not made until within six years of such commencement, action is not barred. Blaisdell v. School Dist. No. 2, 72 Vt. 63, 47 A. 173 (1899).

When town order is delivered and accepted by party, its operates as satisfaction of amount for which it is given, and remedy of party is only upon order, and no recovery can be had upon that, until after order has been presented to treasurer of town for payment. Dalrymple v. Town of Whitingham, 26 Vt. 345 (1854).

§ 1577. [Omitted.].

History

Former § 1577, relating to paying orders drawn by a justice of the peace for fees in criminal prosecutions, was omitted in view of the 1974 amendment to the Vermont Constitution prohibiting the exercise of judicial functions by justices of the peace. See Vt. Const. Ch. II, § 52.

§ 1578. Settlement with auditors and successor.

The treasurer shall settle with the auditors five days previous to each annual town meeting, and at such other times as the selectboard may require and whenever he or she retires from office. At the close of his or her term of office he or she shall immediately pay over to his or her successor the funds in his or her hands belonging to the town and the town school district and at the same time deliver to his or her successor all official books and papers in his or her possession.

History

Source. V.S. 1947, § 3579. P.L. § 3501. 1933, No. 157 , § 3266. 1931, No. 9 , § 2. G.L. § 4000. 1917, No. 254 , § 3948. 1915, No. 117 , § 1. 1912, No. 120 , § 1. P.S. § 3498. V.S. § 3048. R.L. § 2718. G.S. 15, §§ 72, 73. R.S. 13, §§ 54, 55. R. 1797, p. 284, § 3.

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

§ 1579. Collector's receipt.

The town and town school district treasurer shall endorse upon the receipt given by the collector of taxes and lodged with such treasurer all payments thereon made by such collector and such abatements thereof as may be made by the board for the abatement of taxes.

History

Source. V.S. 1947, § 3580. P.L. § 3502. 1933, No. 157 , § 3267. G.L. § 3998. 1917, No. 254 , § 3946. P.S. § 3496. V.S. § 3045. R.L. § 2732. 1880, No. 113 , § 1.

§ 1580. Account with collector.

The town and town school district treasurer shall keep with the collector of taxes a separate account of each annual tax bill by endorsing thereon his or her payments and the abatement allowed by the board for abatement of taxes with the date of each endorsement.

History

Source. V.S. 1947, § 3581. P.L. § 3503. 1933, No. 157 , § 3268. G.L. § 3998. 1917, No. 254 , § 3946. P.S. § 3496. V.S. § 3045. R.L. § 2732. 1880, No. 113 , § 1.

§ 1581. Balance due treasurer.

When a balance is due a treasurer, the auditors shall draw and deliver to him or her an order therefor on the town treasury.

History

Source. V.S. 1947, § 3582. P.L. § 3504. 1933, No. 157 , § 3269. G.L. § 4001. P.S. § 3499. V.S. § 3049. R.L. § 2719. G.S. 15, § 74. R.S. 13, § 56. R. 1797, p. 284, § 3.

§ 1582. Outstanding orders; notice to stop interest.

When a municipality has outstanding interest bearing orders due and payable, the treasurer may give notice that such orders will be paid on presentation at his or her office on or before a day certain named in such notice, and that after such day such orders shall cease to draw interest.

History

Source. V.S. 1947, § 3583. P.L. § 3505. G.L. § 4002. 1917, No. 254 , § 3950. P.S. § 3501. 1900, No. 45 , § 1. V.S. § 3051. R.L. § 2713. 1880, No. 74 , § 1.

§ 1583. Outstanding orders; publication of notice.

Such notice shall be given personally or by publication in a newspaper published in the county, or if none is published in the county, in a newspaper published in an adjoining county, at least three weeks successively, the last publication to be at least 15 days before the day named in such notice.

Amended 2017, No. 74 , § 84.

History

Source. V.S. 1947, § 3584. P.L. § 3506. G.L. § 4003. P.S. § 3502. V.S. § 3052. R.L. § 2714. 1880, No. 74 , § 2.

Amendments--2017. Section heading: Substituted "Outstanding orders; publication of notice" for "Publication".

§ 1584. Outstanding orders; no interest after day of notice.

When such notice has been given, by publication as set forth in section 1583 of this subchapter or by written notice signed by the treasurer and delivered to the holder of any such order, such order shall not draw interest after the day named in the notice, unless the treasurer fails to pay such order on presentation according to the terms of the notice.

Amended 2017, No. 74 , § 85.

History

Source. V.S. 1947, § 3585. P.L. § 3507. G.L. § 4004. P.S. § 3503. V.S. § 3053. R.L. § 2715. 1880, No. 74 , § 3.

Amendments--2017. Section heading: Amended generally.

Substituted "set forth in section 1583 of this subchapter" for "aforesaid" following "by publication as".

Subchapter 3. Orders Drawn by Municipal Bodies

Amended 2017, No. 130 (Adj. Sess.), § 13.

History

Amendments--2017 (Adj. Sess.). Subchap. heading: Substituted "Municipal Bodies" for "Selectboard".

2016. Substituted "selectboard" for "selectmen" in the subchapter title in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

§ 1621. Orders for land damages or damages for injuries.

The selectboard may draw orders on the town treasurer for damages for lands or property taken or improved for a highway or other public use, or for damages settled by agreement or awarded for injuries sustained from the insufficiency of a highway.

History

Source. V.S. 1947, § 3564. P.L. § 3487. G.L. § 3972. P.S. § 3470. V.S. § 3019. R.L. § 2694. G.S. 15, § 51. R.S. 13, § 46.

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

§ 1622. Town orders; record.

    1. The chair of the selectboard shall keep or cause to be kept a single record of all orders drawn by the board showing the number, date, to whom payable, for what purpose, and the amount of each order. (a) (1)  The chair of the selectboard shall keep or cause to be kept a single record of all orders drawn by the board showing the number, date, to whom payable, for what purpose, and the amount of each order.
    2. All other officers authorized by law to draw orders upon the town treasurer shall keep or cause to be kept a like record.
  2. Such records shall be submitted to the town auditors annually on or before February 1.
  3. If the records of orders named in this section are made by an assistant clerk, the assistant clerk shall not be the town treasurer or the spouse of the town treasurer or any person acting in the capacity of clerk for the town treasurer.

    Amended 2017, No. 130 (Adj. Sess.), § 13.

History

Source. V.S. 1947, § 3565. 1941, No. 48 , § 1. P.L. § 3488. 1933, No. 157 , § 3258. 1919, No. 98 , § 2. G.L. § 3974. 1915, No. 115 , § 1. P.S. § 3472. V.S. § 3021. R.L. § 2696. G.S. 15, § 53. R.S. 13, § 48.

2016 In the first sentence, substituted "chair of the selectboard" for "chairman of the board of selectmen" in accordance with 2013, No. 161 , § 72.

Added the subdiv. (a)(1) and (2) and subsec. (b) and (c) designations.

Amendments--2017 (Adj. Sess.). Subdiv. (a)(2): Inserted "or cause to be kept" following "shall keep".

Subsec. (c): Substituted "spouse" for "wife or husband" preceding "of the town treasurer".

§ 1623. Signing orders.

  1. The selectboard may do either of the following:
    1. Authorize one or more members of the board to examine and allow claims against the town for town expenses and draw orders for such claims to the party entitled to payment.
      1. Orders shall state definitely the purpose for which each is drawn and shall serve as full authority to the treasurer to make the payments.
      2. The selectboard shall be provided with a record of orders drawn under this subdivision (1) whenever orders are signed by less than a majority of the board.
    2. Submit to the town treasurer a certified copy of those portions of the selectboard minutes, properly signed by the clerk and chair or by a majority of the board, showing to whom and for what purpose each payment is to be made by the treasurer. The certified copy of the minutes shall serve as full authority to the treasurer to make the approved payments.
  2. This section shall apply to all municipal public bodies authorized by law to draw orders on the municipal treasurer.

    Added 1995, No. 110 (Adj. Sess.), § 1; amended 2017, No. 130 (Adj. Sess.), § 13.

History

Amendments--2017 (Adj. Sess.). Section amended generally.

Subchapter 4. Accounts of Overseer of Poor

§ 1651. Repealed. 1967, No. 147, § 53(b), eff. Oct. 1, 1968.

History

Former § 1651. Former § 1651, relating to accounts of the overseer of the poor was derived from 1965, No. 23 , § 1; 1961, No. 219 , § 1; V.S. 1947, § 3591; P.L. § 3513; 1933, No. 157 , § 3278; G.L. §§ 3991, 3994; P.S. §§ 3490, 3493; V.S. §§ 3039, 3042; 1884, No. 58 , § 2; R.L. §§ 2846, 2849; 1878, No. 85 , § 4; G.S. 20, § 33; R.S. 16, § 28; R.S. 111, § 12; R. 1797, p. 279, §§ 21, 22; R. 1787, p. 115.

Annotations From Former § 1651

1. Contents of records.

This section makes it part of official duty of overseers of poor to keep particular and true account of all their expenditures for poor, therein designating particular poor person for whom each item of expenditure is made. Town of Cabot v. Town of Walden, 46 Vt. 11 (1873).

2. Records as evidence.

Book kept by town for purpose of keeping account of all expenditures for the poor and wherein such entries are made, is admissible as evidence in favor of town, to prove fact of such expenditures. Town of Cabot v. Town of Walden, 46 Vt. 11 (1873).

§ 1652. Records of overseers of the poor.

Effective October 1, 1968, the office of overseer of the poor is abolished. On that day or as soon thereafter as possible the overseer of the poor shall turn all records of the office over to the town clerk of his or her town, who shall thereafter keep them until authorized by law to dispose of them.

Added 1967, No. 147 , § 37, eff. Oct. 1, 1968.

Subchapter 5. Auditors and Audits

§ 1681. Auditors; duties; meeting.

    1. Town auditors shall meet at least 25 days before each annual town meeting to examine and adjust the accounts of all town officers and all other persons authorized by law to draw orders on the town treasurer. (a) (1)  Town auditors shall meet at least 25 days before each annual town meeting to examine and adjust the accounts of all town officers and all other persons authorized by law to draw orders on the town treasurer.
    2. Such auditing shall include the account that the treasurer is required to keep with the collector, the tax accounts of the collector, trust accounts where the town or any town officer, as such officer, is trustee or where the town is sole beneficiary, accounts relating to the town indebtedness, and accounts of any special funds in the care of any town official.
  2. Notice of such meeting shall be given by posting or publication ten days in advance of such meeting.

    Amended 1991, No. 176 (Adj. Sess.), § 1; 1997, No. 83 (Adj. Sess.), § 4.; 2011, No. 129 (Adj. Sess.), § 29, eff. July 1, 2013.

History

Source. 1951, No. 66 , § 2. V.S. 1947, § 3593. P.L. § 3515. 1933, No. 157 , § 3280. 1929, No. 53 . 1925, No. 59 . 1921, No. 99 , § 1. 1919, No. 98 , § 4. G.L. § 4010. 1917, No. 254 , § 3958. 1915, No. 117 , § 2. 1912, No. 120 , § 2. P.S. § 3509. V.S. § 3059. R.L. §§ 2727, 2733. 1880, No. 113 , § 2. G.S. 15, § 84. 1860, No. 21 , § 1. R.S. 13, §§ 65, 66, 67. R. 1797, p. 284, § 3.

2016. Added the subdiv. (a)(1) and (2) and subsec. (b) designations.

Amendments--2011 (Adj. Sess.) Substituted "25" for "twenty-five" preceding "days before each annual town meeting" and inserted "to" thereafter in the first sentence, substituted "that" for "which" preceding "the treasurer" in the second sentence, deleted "and town school district" in three places, and deleted the former fourth sentence.

Amendments--1997 (Adj. Sess.). Added "has not elected to eliminate the office of auditor, and town" in the last sentence.

Amendments--1991 (Adj. Sess.) Added the fourth sentence.

ANNOTATIONS

Analysis

1. Quorum.

Action of only one of three auditors of town in auditing accounts of town officers under this section had no official significance, as concurrence of at least a majority of them was required. Town of St. George v. Tilley, 87 Vt. 427, 89 A. 474 (1914).

2. Effect of auditor's action.

Report of town auditors to annual town meeting, stating that certain town order is outstanding and unpaid, was not sufficient acknowledgment as against town, although auditor's report was adopted by it. Prescott v. Town of Vershire, 63 Vt. 517, 22 A. 655 (1891).

In assumpsit for services and expenditures by plaintiff as officer of defendant town, plaintiff was allowed to prove and recover certain items that had not been presented to town auditors and omission to present them to auditors was no bar to their recovery. Judevine v. Town of Hardwick, 49 Vt. 180 (1876).

§ 1682. Report; distribution.

    1. The auditors shall report their findings in writing and cause the same to be mailed or otherwise distributed to the voters of the town at least ten days before the annual meeting. (a) (1)  The auditors shall report their findings in writing and cause the same to be mailed or otherwise distributed to the voters of the town at least ten days before the annual meeting.
    2. At a duly warned annual or special meeting, the voters of the town may vote to provide notice of the availability of the auditors' report to the voters of the town in lieu of mailing or otherwise distributing the report itself. If the voters of the town vote to provide notice of availability, they must specify how notice of availability shall be given, and such notice of availability shall be provided to the voters of the town at least 30 days before the annual meeting.
    3. Upon request, the auditors shall mail or distribute a copy of the full report to a voter or resident of the town.
    4. When the auditors mail or distribute the report or provide notice of the availability of the report to the voters of the town, they shall at the same time deliver to the town clerk the copies required by section 1173 of this title and shall place all surplus copies in the custody of the town clerk before the first Tuesday in March.
    5. As used in this subsection, the term "resident" shall be defined as the term is defined in 17 V.S.A. § 2122(b) .
  2. If a town has voted to eliminate the office of auditor, the findings of the public accountant employed in accordance with 17 V.S.A. § 2651b shall be mailed or otherwise distributed by the selectboard in the same manner that findings are required to be distributed by auditors.

    Amended 1979, No. 200 (Adj. Sess.), § 119; 1997, No. 83 (Adj. Sess.), § 5; 2003, No. 126 (Adj. Sess.), § 2, eff. July 1, 2005; 2015, No. 30 , § 38, eff. May 26, 2015.

History

Source. V.S. 1947, § 3594. 1947, No. 202 , § 3616. P.L. § 3516. 1933, No. 157 , § 3281. 1921, No. 98 , § 1. G.L. § 3965. P.S. § 3463. V.S. § 897. 1894, No. 39 , § 4.

Amendments--2015. Subsec. (a): Amended generally.

Amendments--2003 (Adj. Sess.) Subsec. (a): Added the subdivision designations; deleted "or residents" following "voters" in four places in subdivs. (1), (2), and (9); and made a stylistic change in subdiv. (5).

Amendments--1997 (Adj. Sess.). Added the subsec. (a) designation and added subsec. (b).

Amendments--1979 (Adj. Sess.) Substituted "mailed or otherwise" for "printed and" preceding "distributed" and "ten" for "five" preceding "days" in the first sentence.

Legislative findings and purpose. 2003, No. 126 (Adj. Sess.), § 1, provides: "The distribution of the auditor's report of a town to residents of the state of Vermont is an important way to communicate to Vermonters how their local governments function. In addition, when combined with a town report, the distribution of the auditor's report informs town residents of the work of boards, committees, and individuals who are critical to the quality of civic life in Vermont communities. This information can help inspire and encourage community involvement. This bill allows towns to consider effective means of making their auditors' reports and town reports available to voters or residents. The legislature encourages towns to reach out actively to residents and voters to inform them of their town government and associated civic activities."

§ 1683. Contents of report; municipal fiscal years.

  1. The report shall show a detailed statement of the financial condition of such town for its fiscal year, a classified summary of receipts and expenditures, a list of all outstanding orders and payables more than 30 days past due, and show deficit, if any, pursuant to section 1523 of this title and such other information as the municipality shall direct. Individuals who are exempt from penalty, fees, and interest by virtue of 32 V.S.A. § 4609 shall not be listed or identified in any such report, provided that they notify or cause to be notified in writing the municipal or district treasurer that they should not be so listed or identified.
  2. The fiscal year of all school districts, charter provisions notwithstanding, shall end on June 30.
  3. The fiscal year of other municipalities shall end on December 31, unless the municipality votes at an annual or special meeting duly warned for that purpose to have a different fiscal year, in which case the fiscal year so voted shall remain in effect until amended.
  4. [Repealed.]

    Amended 1961, No. 219 , § 2, eff. July 13, 1961; 1965, No. 23 , § 2; 1969, No. 301 (Adj. Sess.), § 1, subsec. (a), eff. July 1, 1971, subsec. (c), eff. April 9, 1970; 1971, No. 8 , § 1, eff. Feb. 25, 1971; 1989, No. 202 (Adj. Sess.), § 2; 1991, No. 110 , § 4, eff. June 28, 1991; 1997, No. 83 (Adj. Sess.), § 6; 2011, No. 129 (Adj. Sess.), § 30, eff. July 1, 2013; 2015, No. 30 , § 39, eff. May 26, 2015.

History

Source. 1951, No. 66 , § 3. V.S. 1947, § 3595. 1939, No. 63 . 1935, No. 63 . P.L. § 3517. 1933, No. 157 , § 3282. 1929, No. 53 . 1925, No. 59 . 1921, No. 99 , § 1. 1919, No. 98 , § 4. G.L. § 4010. 1917, No. 254 , § 3958. 1915, No. 117 , § 2. 1912, No. 120 , § 2. P.S. § 3509. V.S. § 3059. R.L. §§ 2727, 2733. 1880, No. 113 , § 2. G.S. 15, § 84. 1860, No. 21 , § 1. R.S. 13, §§ 65, 66, 67. R. 1797, p. 284, § 3.

Amendments--2015. Added "; municipal fiscal years" in the section heading.

Amendments--2011 (Adj. Sess.) Subsec. (a): Substituted "such town for its fiscal year" for "such town and school district for their fiscal year" in the first sentence.

Subsec. (d): Repealed.

Amendments--1997 (Adj. Sess.). Subsec. (d): Added "or the selectboard, if the town has voted to eliminate the office of auditor".

Amendments--1991. Subsec. (a): Added the second sentence.

Amendments--1989 (Adj. Sess.). Subsec. (d): Added.

Amendments--1971. Subsec. (b): Added reference to charter provisions.

Amendments--1969 (Adj. Sess.). Section amended generally.

Amendments--1965. Deleted former reference to conditional publication of names to conform to amendment to § 1651 of this title.

Amendments--1961. Inserted limitation as to names of persons who have received poor relief.

Cross References

Cross references. Auditors' report to be included in school board accounts in annual town report, see 16 V.S.A. § 563.

§ 1684. Trust assets; indebtedness.

The auditors shall make a detailed statement showing:

  1. the condition of all trust funds in which the town is interested and a list of the assets of such funds, including the account of receipts and disbursements for the preceding year;
  2. what bonds of the town are outstanding and the rate of interest and the amount thereof; and
  3. what interest-bearing notes or orders of the town are outstanding and the serial number, date, amount, payee, and rate of interest of each and the total amount thereof.

    Amended 2017, No. 130 (Adj. Sess.), § 13.

History

Source. V.S. 1947, § 3596. P.L. § 3518. 1933, No. 157 , § 3283. 1929, No. 53 . 1925, No. 59 . 1921, No. 99 , § 1. 1919, No. 98 , § 4. G.L. § 4010. 1917, No. 254 , § 3958. 1915, No. 117 , § 2. 1912, No. 120 , § 2. P.S. § 3509. V.S. § 3059. R.L. §§ 2727, 2733. 1880, No. 113 , § 2. G.S. 15, § 84. 1860, No. 21 , § 1. R.S. 13, §§ 65, 66, 67. R. 1797, p. 284, § 3.

Amendments--2017 (Adj. Sess.). Section amended generally.

§ 1685. Subchapter application to villages.

Sections 1681-1684 of this subchapter shall apply to all incorporated villages.

Amended 2017, No. 74 , § 86.

History

Source. V.S. 1947, § 3597. P.L. § 3519. 1933, No. 157 , § 3284.

Amendments--2017. Rewrote the section heading and substituted "subchapter" for "title" preceding "shall apply".

§ 1686. Penalty.

  1. At any time in their discretion, town auditors may, and if requested by the selectboard, shall, examine and adjust the accounts of any town officer authorized by law to receive or disburse money belonging to the town.
  2. If the town has voted to eliminate the office of auditor, the public accountant employed by the selectboard shall perform the duties of the town auditors under subsection (a) of this section upon request of the selectboard.
    1. If, after at least five business days following his or her receipt by certified mail of a written request by the auditors or public accountant that is approved and signed by the legislative body, a town officer willfully refuses or neglects to submit his or her books, accounts, vouchers, or tax bills to the auditors or the public accountant, or to furnish all necessary information in relation thereto, that town officer shall be ineligible to reelection for the year ensuing and be subject to the penalties otherwise prescribed by law. (c) (1)  If, after at least five business days following his or her receipt by certified mail of a written request by the auditors or public accountant that is approved and signed by the legislative body, a town officer willfully refuses or neglects to submit his or her books, accounts, vouchers, or tax bills to the auditors or the public accountant, or to furnish all necessary information in relation thereto, that town officer shall be ineligible to reelection for the year ensuing and be subject to the penalties otherwise prescribed by law.
    2. A town officer who violates subdivision (1) of this subsection (c) shall be personally liable to the town for a civil penalty in the amount of $100.00 per day until he or she submits or furnishes the requested materials or information. A town may bring an action in the Civil Division of the Superior Court to enforce this subdivision.
  4. As used in this section, the term "town officer" shall not include an officer subject to the provisions of 16 V.S.A. § 323 .

    Amended 1997, No. 83 (Adj. Sess.), § 7; 2011, No. 129 (Adj. Sess.), § 31, eff. July 1, 2013; 2011, No. 155 (Adj. Sess.), § 28; 2017, No. 27 , § 4, eff. May 10, 2017.

History

Source. V.S. 1947, § 3598. P.L. § 3521. 1933, No. 157 , § 3286. 1923, No. 65 , § 2.

Amendments--2017. Subsec. (c): Added the subdiv. (1) designation; amended subdiv. (c)(1) generally; and added subdiv. (2).

Amendments--2011 (Adj. Sess.). Subsec. (a): Act 155 inserted "or disburse" following "to receive".

Subsec. (d): Added by Act 129.

Amendments--1997 (Adj. Sess.). Designated the former first sentence and second sentences as subsecs. (a) and (c) respectively, in subsec. (a) substituted "selectboard" for "selectmen", added subsec. (b), and in subsec. (c) substituted "Any town" for "Such" and added "or her" and "or the public accountant".

§ 1687. Notice of orders.

A bank, trust company, or individual in this State holding orders or other evidences of indebtedness of a municipal corporation shall annually, on or before January 5, send written notice to the chair of the board of auditors of such corporation, stating the amount of such orders or other evidences of indebtedness and the balance due thereon as of December 31 next preceding, unless the holder of any such indebtedness is requested by such auditor to send such notice at some other date to conform to the fiscal year of such municipality.

History

Source. 1951, No. 68 , § 1. 1949, No. 76 , § 1. V.S. 1947, § 3599. P.L. § 3522. 1933, No. 157 , § 3287. 1923, No. 66 , § 1.

2016 Substituted "chair" for "chairman" in accordance with 2013, No. 161 , § 72.

§ 1688. Notice of deposits.

A bank or trust company in this State having on deposit funds of a municipal corporation shall annually, on or before January 5, send written notice to the chair of the board of auditors of such corporation, stating the balance on deposit to the credit of such corporation on December 31 next preceding, unless the holder of such funds is requested by such auditor to send such notice at some other date to conform to the fiscal year of such municipality.

History

Source. 1951, No. 68 , § 2. 1949, No. 76 , § 2. V.S. 1947, § 3600. P.L. § 3523. 1923, No. 66 , § 2.

2016 Substituted "chair" for "chairman" in accordance with 2013, No. 161 , § 72.

§ 1689. Penalty for failure to send notice.

A bank, trust company, or individual who violates a provision of section 1687 or 1688 of this subchapter shall be fined not less than $10.00 nor more than $25.00.

Amended 2017, No. 74 , § 87.

History

Source. 1949, No. 76 , § 3.

Amendments--2017. Added "for failure to send notice" in the section heading; inserted a comma following "company", and substituted "subchapter" for "title" preceding "shall be".

§ 1690. Certified or public accountant to audit town accounts; warning; form.

  1. The legislative body of a city, town, or incorporated village may upon its own motion contract with a public accountant, licensed in this State, to perform an annual financial audit of all funds of the town; or upon petition in writing of legal voters equal to five percent of the legal voters of the town or village, the legislative body shall insert in the warning for any annual meeting, or in the warning for a special meeting, which shall be called upon such petition, an article in substantially the following form:

    "To see if the [city, town, or village] will vote to instruct the [legislative body] to employ a certified public accountant or public accountant licensed in this State, to perform an annual financial audit of all funds of the [city, town, or village]."

  2. Audits performed by a public accountant under this section shall be conducted in accordance with generally accepted government auditing standards, including the issuance of a report on internal control over financial reporting that shall be provided to recipients of the financial statements. When there are material weaknesses or significant deficiencies found in the internal control over financial reporting or the auditor's or public accountant's opinion is qualified, adverse, or disclaimed:
    1. the auditor or public accountant shall present the findings or opinion to the legislative body of the town and explain those material weaknesses or significant deficiencies or his or her opinion at a meeting duly warned for the purpose;
    2. after the audit report is delivered to the legislative body of a municipality, the notice for the next meeting of the legislative body shall also notify the voters of the availability of the audit report and the accompanying report on internal control over financial reporting;
    3. the next published annual report of the town shall include a summary of material weaknesses or significant deficiencies found in the internal controls over financial reporting or a statement that the audit report sets forth an opinion that is qualified, adverse, or disclaimed; and
    4. the legislative body shall post the audit report and the accompanying report on internal control over financial reporting on the municipality's website, if the municipality has a website.

      Amended 1985, No. 196 (Adj. Sess.), § 14; 2009, No. 95 (Adj. Sess.), § 1.

History

Source. V.S. 1947, § 3601. P.L. § 3524. 1931, No. 50 , § 1. 1923, No. 67 , § 1.

Amendments--2009 (Adj. Sess.) Section amended generally.

Amendments--1985 (Adj. Sess.). Substituted "five percent of the legal voters of the town or village" for "four percent of the total vote cast for governor in such town or village at the last preceding election" following "equal to".

§ 1691. Terms of employment.

At an annual or special meeting warned as provided in section 1690 of this title, a town or incorporated village may authorize the employment of a certified public accountant or a public accountant and fix the terms of such employment. Nothing herein shall be construed to relieve a town or incorporated village of the duty to elect town or village auditors as provided by law.

History

Source. V.S. 1947, § 3602. P.L. § 3525. 1931, No. 50 , §§ 2, 3. 1923, No. 67 , §§ 2, 4.

§§ 1692-1695. Repealed. 1967, No. 91, § 4.

History

Former §§ 1692-1695. Former §§ 1692-1695, relating to assistance from the Auditor of Accounts in auditing town accounts, were derived from V.S. 1947, §§ 3603-3606; 1947, No. 202 , §§ 3265-3628; 1937, No. 55 , §§ 1, 2, 4, 5 and amended by 1961, No. 23 ; 1959, No. 173 .

§ 1696. Repealed. 1969, No. 219 (Adj. Sess.), § 4, eff. March 27, 1970.

History

Former § 1696. Former § 1696, relating to form and cost of reports was derived from V.S. 1947, § 3607; 1947, No. 202 , § 3629; 1937, No. 55 , § 6.

§ 1697. Repealed. 1967, No. 91, § 4.

History

Former § 1697. Former § 1697, relating to powers and duties of auditors of accounts was derived from V.S. 1947, § 3608; 1947, No. 202 , § 3630; 1937, No. 55 , § 3.

CHAPTER 53. INDEBTEDNESS

SUBCHAPTER 1. INDEBTEDNESS GENERALLY

SUBCHAPTER 2. INDEBTEDNESS FOR PUBLIC UTILITY PURPOSES

SUBCHAPTER 3. INDEBTEDNESS FOR PARKING LOTS AND METERS

SUBCHAPTER 4. FORM OF BONDS, NOTES, AND CERTIFICATES

SUBCHAPTER 5. STATEWIDE TAX INCREMENT FINANCING

SUBCHAPTER 6. MUNICIPAL TAX INCREMENT FINANCING

History

Construction; Legislative purpose. 1989, No. 111 , § 13(b), eff. June 22, 1989, provided: "Neither this act [which amended sections 1751, 1765, 1787, 1821-1825 of this title, and section 108 of Title 30, and added section 1827 and 1828 of this title] nor chapter 53 of Title 24 shall be construed as a restriction or a limitation upon any powers which a municipal corporation might otherwise possess and exercise under any laws of this state; the provisions of chapter 53 of Title 24 and this act are remedial in nature and the powers hereby granted, and the exercise thereof, shall be liberally construed in order to effect the legislative purposes hereof, namely, to ensure a public vote on all debt instruments issued under that chapter, to provide public service board review of debt instruments issued by certain municipal utilities and to ensure the validity of all debt instruments issued after the effective date of this act by municipal corporations in reliance upon any provision of chapter 53 of Title 24 as amended by this act."

Cross References

Cross references. Issuance of bonds for establishment and maintenance of sewer systems, see §§ 3613, 3684 of this title.

Issuance of bonds to finance urban renewal projects, see § 3214 of this title.

Loans to municipalities for water pollution control, planning construction of water supply facilities, and solid waste management, see § 4751 et seq. of this title.

Vermont Municipal Bond Bank generally, see ch. 119 of this title.

Subchapter 1. Indebtedness Generally

ANNOTATIONS

1. Purpose.

Legislature in enacting this subchapter intended that provisions thereof should regulate and control whole subject matter of voting on and issuance of bonds by municipal corporations to pay for public improvements, and, particularly, as to proportion of vote cast by legal voters of corporation that is necessary to authorize issuance of such bonds. Whiting Co. v. City of Burlington, 106 Vt. 446, 175 A. 35 (1934).

Cited. Conn v. Middlebury Union High School District #3, 162 Vt. 498, 648 A.2d 1385 (1994).

§ 1751. Definitions.

As used in this chapter:

  1. "Municipal corporation" shall include a city, town, village, town school district, graded school district, or other incorporated, union, or unified school district or any entity providing educational services which is eligible to receive State aid under 16 V.S.A. chapter 123, a fire district, a union municipal district created under an intermunicipal agreement entered into and approved as provided in subchapter 3 of chapter 121 of this title, a regional mass transportation authority created under chapter 127 of this title, a local housing authority created under section 4003 of this title, a consolidated water or sewer district created under chapter 91 or chapter 105 of this title, or the unified towns and gores of Essex County.
  2. "Legislative branch" shall mean the mayor and board of aldermen of a city, the selectboard of a town, the trustees of a village, the board of school directors of a school district, the trustees or prudential committee of a graded school or fire district, and the Board of Governors of the unified towns and gores of Essex County, and, with respect to other municipal corporations, the governing body designated by statute.
  3. "Improvement" shall include, apart from its ordinary signification:
    1. The acquiring of land for municipal purposes, the construction of, extension of, additions to, or remodeling of buildings or other improvements thereto, also furnishings, equipment, or apparatus to be used for or in connection with any existing or new improvement, work, department, or other corporate purpose, and also shall include the purchase or acquisition of other capital assets, including licenses and permits, in connection with any existing or new improvement benefiting the municipal corporation, and all costs incurred by the municipality in connection with the construction or acquisition of the improvement and the financing thereof, including capitalized interest, underwriters discount, the funding of reserves, and the payment of contributions to establish eligibility and participation with respect to loans made from any State revolving fund, to the extent such payment is consistent with federal law.
    2. Pursuant to subchapter 2 of chapter 87 of this title, projects relating to renewable energy, as defined in 30 V.S.A. § 8002(17) , or to eligible energy efficiency projects undertaken by owners of real property within the boundaries of the town, city, or incorporated village. Energy efficiency projects shall be those that are eligible under section 3267 of this title.

      Amended 1989, No. 111 , § 1, eff. June 22, 1989; 1997, No. 62 , § 61, eff. June 26, 1997; 2007, No. 4 , § 2; 2009, No. 45 , § 15f, eff. May 27, 2009; 2013, No. 161 (Adj. Sess.), § 72.

History

Source. V.S. 1947, § 3688. 1947, No. 202 , § 3710. P.L. §§ 3603, 3604. 1925, No. 60 , § 1. G.L. §§ 4076, 4077. 1917, No. 105 , §§ 1, 2.

2013. In subdivision (3)(A), deleted "without limitation" preceding "capitalized interest" in accordance with 2013, No. 5 , § 4.

Amendments--2009. Subdiv. (3): Amended generally.

Amendments--2007. Added ", or the unified towns and gores of Essex County" at the end of subdiv. (1) and ", and the board of governors of the unified towns and gores of Essex County" near the end of subdiv. (2), and made stylistic changes throughout the section.

Amendments--1997 Subdiv. (3): Deleted "and" preceding "the funding of reserves" and added the language beginning "and the payment of contributions" thereafter.

Amendments--1989. Subdiv. (1): Amended generally.

Subdiv. (2): Substituted "chapter" for "subchapter" preceding "shall mean", deleted "town" following "directors of a" and substituted "school or fire district and, with respect to other municipal corporations, the governing body designated by statute" for "or other school, fire or lighting district" following "graded".

Subdiv. (3): Substituted "chapter" for "subchapter" following "used in this" and added "and also shall include the purchase or acquisition of other capital assets, including licenses and permits, in connection with any existing or new improvement benefiting the municipal corporation, and all costs incurred by the municipality in connection with the construction or acquisition of the improvement and the financing thereof, including without limitation capitalized interest, underwriters discount and the funding of reserves" following "purpose".

Cross References

Cross references. Improvements to privately-owned municipality-supported libraries, see § 1752a of this subchapter.

ANNOTATIONS

1. Legislative branch.

Board of school directors is legislative branch of town school district and selectboard's duties do not lie within province of duties and responsibilities resting upon officials of town school district. 1938-40 Op. Atty. Gen. 198.

§ 1752. Bonds; issuance.

Debt may be incurred and bonds issued under this subchapter for any improvement, but no bonds shall be issued for the purpose of providing funds for ordinary expenses of any municipal corporation, except as otherwise provided.

History

Source. V.S. 1947, § 3689. 1947, No. 202 , § 3711. P.L. § 3604. 1925, No. 60 , § 1. G.L. § 4077. 1917, No. 105 , § 2.

ANNOTATIONS

Analysis

1. Construction with other laws.

Village or town bonds are not specific lien on real estate of such towns or villages; however, if town or village fails to meet its obligations, judgment can be secured and execution issued against goods and chattels of inhabitant thereof and collected of same, under 12 V.S.A. § 2742, and if tax has been legally assessed upon grand list of town or village, such tax becomes lien on realty, under 32 V.S.A. § 5061. 1930-32 Op. Atty. Gen. 85.

2. Authority.

School district which votes to issue bonds on credit of district need not be specially authorized so to do by enabling act of Legislature. 1944-46 Op. Atty. Gen. 93.

§ 1752a. Privately owned municipality-supported libraries.

By a majority vote of those present and voting at an annual or special meeting warned for the purpose, a municipality may issue municipal bonds under this chapter for the cost of capital improvements to any privately owned municipality-supported library situated within the municipality for use of residents of the municipality; and such improvements shall be considered "improvements" for the purposes of this chapter.

Added 1987, No. 56 , eff. May 15, 1987.

§ 1753. Use of bond proceeds.

  1. If after bonds have been issued and no expenditure of the proceeds has been made for the purpose or purposes for which the debt was incurred, or if a balance remains after the completion of the project or projects for which the debt was authorized, a municipal corporation by a majority of the voters present and voting on the question at a meeting or meetings of such municipal corporation held for that purpose, may authorize the expenditure of the proceeds or portion thereof for any purpose or purposes for which bonds may be issued; provided, however, that if the proceeds obtained from the issuance of bonds or any balance thereof, is not appropriated as aforesaid, then the same shall be used to pay the principal of the loan as it matures.
  2. The warning calling the meeting provided in this section shall state the amount of the proceeds and the purpose for which they are to be used, and shall fix the place where and the date on which the meeting shall be held and the hours of opening and closing of the polls.  Notice of the meeting shall conform to section 1756 of this title, and the conduct of the meeting and the qualifications of voters shall conform to section 1758 of this title.

    Added 1969, No. 104 , eff. April 19, 1969.

History

Revision note. References in subsection (b) to sections "1755" and "1757" of this title were changed to sections "1756" and "1758" to conform to renumbering of such sections.

Prior law. 24 V.S.A. § 1752a.

Cross References

Cross references. Payment to United States of income derived from proceeds of bond issues, see 32 V.S.A. § 995(c).

§ 1754. Validation.

All outstanding bonds and notes of a municipal corporation issued prior to June 1, 1935, are hereby declared legal and binding obligations in accordance with the terms thereof.

History

Source. V.S. 1947, § 3690. 1947, No. 202 , § 3712. 1935, No. 71 , § 1.

Prior law. 24 V.S.A. § 1753.

§ 1755. Submission to voters.

    1. On a petition signed by at least ten percent of the voters of a municipal corporation the proposition of incurring a bonded debt to pay for public improvements shall be submitted to the qualified voters thereof at any annual or special meeting to be held for that purpose, or, when the legislative branch of a municipal corporation at a regular or special meeting called for such purpose shall determine by resolution passed by a vote of a majority of those members present and voting, that the public interest or necessity demands improvements, and that the cost of the same will be too great to be paid out of the ordinary annual income and revenue, by vote of a majority of those members present and voting, it may order the submission of the proposition of incurring a bonded debt to pay for public improvements to the qualified voters of such municipal corporation at a meeting to be held for that purpose. (a) (1)  On a petition signed by at least ten percent of the voters of a municipal corporation the proposition of incurring a bonded debt to pay for public improvements shall be submitted to the qualified voters thereof at any annual or special meeting to be held for that purpose, or, when the legislative branch of a municipal corporation at a regular or special meeting called for such purpose shall determine by resolution passed by a vote of a majority of those members present and voting, that the public interest or necessity demands improvements, and that the cost of the same will be too great to be paid out of the ordinary annual income and revenue, by vote of a majority of those members present and voting, it may order the submission of the proposition of incurring a bonded debt to pay for public improvements to the qualified voters of such municipal corporation at a meeting to be held for that purpose.
    2. The warning calling the meeting shall state the object and purpose for which the indebtedness is proposed to be incurred, the estimated cost of the improvements, and the amount of bonds proposed to be issued, and shall fix the place where and the date on which the meeting shall be held and the hours of opening and closing the polls.
  2. A municipal corporation may not submit to the voters more than twice in any one-year period the proposition of incurring a bonded debt to pay for the same or a similar public improvement, except that a proposition voted on for the first time at an annual meeting that is reconsidered may be voted on in the subsequent annual meeting.

    Amended 1969, No. 58 , § 2, eff. April 14, 1969; 1971, No. 89 , § 1; 1973, No. 235 (Adj. Sess.), § 3; 2017, No. 50 , § 53.

History

Source. 1957, No. 126 , § 1. 1953, No. 248 . V.S. 1947, § 3691. 1935, No. 67 , § 1. P.L. § 3605. 1925, No. 60 , § 2. G.L. § 4078. 1917, No. 105 , § 3.

2016. Added the subdiv. (1) and (2) designations to subsec. (a).

Amendments--2017. Subsec. (b): Amended generally.

Amendments--1973 (Adj. Sess.). Subsec. (b): Added the phrase "or any twelve month period".

Amendments--1971. Designated existing provisions of section as subsec. (a), substituted majority vote for two-thirds vote, and added subsec. (b).

Amendments--1969. Section amended generally.

Prior law. 24 V.S.A. § 1754.

ANNOTATIONS

Analysis

1. Common law.

Express provision of section requiring two-thirds vote of those voting to authorize public improvements and issuance of bonds to pay therefor, because inconsistent with common-law rule of majority vote, abrogated such common-law rule, except when chapter provisions or special act of Legislature expressly empowers municipal corporation to decide question by majority vote. Whiting Co. v. City of Burlington, 106 Vt. 446, 175 A. 35 (1934).

2. Effect on municipal charters.

Where charter of city and act authorizing such municipal corporation to bond to raise funds for public improvements were both silent as to proportion of vote required to make act effective, requirement of section that two-thirds vote of all votes cast was necessary to decide such question, controlled at special meeting. Whiting Co. v. City of Burlington, 106 Vt. 446, 175 A. 35 (1934).

§ 1756. Notice of meeting; authorization.

    1. The clerk of the municipal corporation shall cause notice of such meeting to be published in a newspaper of known circulation in such municipality once a week for three consecutive weeks on the same day of the week, the last publication to be not less than five nor more than ten days before such meeting. (a) (1)  The clerk of the municipal corporation shall cause notice of such meeting to be published in a newspaper of known circulation in such municipality once a week for three consecutive weeks on the same day of the week, the last publication to be not less than five nor more than ten days before such meeting.
    2. Notice of such meeting shall also be posted in five public places within such municipality for two weeks immediately preceding such meeting.
  2. When a majority of all the voters present and voting on the question at such meeting vote to authorize the issuance of bonds for said public improvements, the legislative branch shall be authorized to make such public improvements and issue bonds as hereinafter provided.  Blank and defective ballots shall not be counted in determining the question.

    Amended 1969, No. 193 (Adj. Sess.), § 1.

History

Source. 1957, No. 40 . V.S. 1947, § 3692. 1937, No. 57 . P.L. § 3606. 1933, No. 157 , § 3361. G.L. § 4079. 1917, No. 105 , § 4.

2016. Added the subdiv. (a)(1) and (2) and subsec. (b) designations.

Amendments--1969 (Adj. Sess.). Provided for simple majority vote in all cases rather than two-thirds vote.

Prior law. 24 V.S.A. § 1755.

ANNOTATIONS

Analysis

1. Construction with other laws.

Selectboard does not have power under section 1757 of this title to correct a defect in proceedings to vote issuance of municipal bonds unless the statutory length of notice specified in this section has been complied with. Burton v. Selectmen, 124 Vt. 502, 208 A.2d 318 (1965).

2. Duty of clerk.