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Handbook for Vermont Selectboards

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Handbook for Vermont Selectboards VERMONT LEAGUE OF CITIES AND TOWNS HANDBOOK FOR VERMONT SELECTBOARDS A Comprehensive Guide for Vermont Selectboard Members Serving and Strengthening Vermont Local Governments VERMONT LEAGUE OF CITIES AND TOWNS HANDBOOK FOR VERMONT SELECTBOARD S Serving and Strengthening Vermont Local Governments A Comprehensive Guide for Vermont Selectboard Members The Vermont League of Cities and Towns (VLCT) was founded in 1967 as a nonprofit, nonpartisan organization dedicated to serving and strengthening Vermont local government. Today, VLCT supports its member municipalities by offering them a comprehensive insurance program, representation before the state and federal governments, and an extensive educational and technical assistance program. n n n Founded in 2003, the VLCT Municipal Assistance Center (MAC) provides local officials with legal and technical assistance, consulting services, and educational workshops that increase the ability of local officials to serve their citizens. The Center also publishes handbooks for all major town officers and annual surveys on municipal salaries and benefits and current municipal practices. MAC staff have diverse backgrounds in public administration, municipal law, human resources, public finance, and planning and zoning. A publication of the VLCT Municipal Assistance Center Copyright © 1990, 1991, 1996, 1997, 1999, 2006, 2007, 2009, 2011 by Vermont League of Cities and Towns Vermont League of Cities & Towns 89 Main Steet, Suite 4 Montpelier, VT 05602 802-229-9111/800-649-7915 fax: 802-229-2211 email: [email protected] web: www.vlct.org Front cover photo of the Stowe Selectboard by Allyson Barrieau. TABLE OF CONTENTS PAGE About this Handbook..................................................................................................................1 Introduction ..................................................................................................................................3 A. Welcome to Local Government ...........................................................................................3 B. Legal Authority of Vermont Selectboards ...........................................................................3 C. Many Hats of Selectboard Members....................................................................................3 D. Communication and Cooperation ........................................................................................4 E. Selectboards Operating under Town Charters .....................................................................6 F. History of the Selectboard ...................................................................................................6 1. Finding the Law: Basic Legal Research for the Selectboard Member......................9 A. Sources of State and Federal Law ........................................................................................9 B. Vermont Statutes Annotated ................................................................................................9 C. Supplements to Vermont Statutes Annotated ......................................................................9 D. Recent Legislation ...............................................................................................................9 E. State Case Law ...................................................................................................................10 F. State Regulations ...............................................................................................................11 G. Sources of Federal Law .....................................................................................................11 2. The Selectboard ...................................................................................................................13 A. Qualifications .....................................................................................................................13 B. Number of Members ..........................................................................................................13 C. Adding Selectboard Members ............................................................................................13 D. Selectboard Powers and Liability ......................................................................................14 E. Term and Election ..............................................................................................................14 F. Vacancy on the Selectboard ...............................................................................................14 G. Oath of Office ....................................................................................................................15 H. Official Bond .....................................................................................................................16 I. Compensation and Benefits ...............................................................................................16 1. Salary ...........................................................................................................................16 2. Income Tax and Social Security Withholding and Reporting .....................................16 3. Workers’ Compensation ..............................................................................................17 4. Unemployment Compensation.....................................................................................17 5. Minimum Wage and Overtime ....................................................................................17 6. Vermont Municipal Employee Retirement System (VMERS) ....................................17 3. Conflicts of Interest and Incompatible Offices .............................................................19 A. Introduction ........................................................................................................................19 B. Identifying Conflicts of Interest .........................................................................................20 1. Direct Monetary Interest ..............................................................................................20 2. Indirect Monetary Interests ..........................................................................................20 3. Direct Personal Interest ................................................................................................21 4. Indirect Personal Interest .............................................................................................21 5. Close calls ....................................................................................................................22 C. Handling Conflicts .............................................................................................................22 1. Transparency and Disclosure .......................................................................................22 2. Appropriate Recusal.....................................................................................................22 3. Remedies ......................................................................................................................23 VLCT Selectboard Handbook i April 2006 TABLE OF CONTENTS PAGE D. Local Tools for Preventing and Addressing Conflicts .......................................................23 1. Conflict of Interest Ordinance .....................................................................................23 2. Conflict of Interest Policy ............................................................................................24 3. Purchasing and Bidding Policies .................................................................................24 4. Municipal Administrative Procedures Act (MAPA) ...................................................24 E. Statutory Requirements ......................................................................................................25 1. Appropriate Municipal Panels (AMPs) .......................................................................25 2. Quasi-Judicial Proceedings ..........................................................................................25 3. Setting Compensation ..................................................................................................25 4. Liquor Licenses ............................................................................................................25 4. Election Officials .........................................................................................................25 F. Signing Orders ...................................................................................................................25 G. Incompatible Offices ..........................................................................................................25 H. Nepotism ............................................................................................................................26 I. Criminal Offenses ..............................................................................................................26 1. Kickbacks .....................................................................................................................26 2. False Claims .................................................................................................................26 J. Conclusion – Conflicts of Interest in a Nutshell ................................................................27 4. Selectboard Meetings ..........................................................................................................29
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