SERVING AND STRENGTHENING VERMONT LOCAL GOVERNMENTS January 2006 TOWN MEETING PRIMER: VLCT BOARD OF IRECTORS ROFILE WRITING COMMON ARTICLES D P KILLINGTON MANAGER, DAVID LEWIS One of the most frequent inquiries sion to address expenditure of an unantici- Geographically, the Town of Killington received at this time of year by the VLCT pated surplus from the previous fiscal year: lies just south of Vermont’s center. Fig- Municipal Assistance Center runs some- uratively, it is located dead center in the thing like this: “Can you help us draft an Shall the voters authorize a total general ongoing debate about how the State of Ver- article for the town warning to ask the voters fund expenditure for operating expenses of $_ mont can adequately and fairly fund its to… ?” As a result, MAC staff member Jim _________, of which $_________ shall be share of Vermont’s educational system. Barlow, Esq., has revised and updated MAC’s raised by taxes, $_________ by non-tax reve- list of sample articles for some of the most nues, and $_________ by prior year surplus? Killington Manager David Lewis, one commonly requested topics. If your munici- of three new members to join the VLCT pality is struggling with an article that does See 17 V.S.A. § 2664 for additional guid- Board at September’s Annual Meeting, not appear on this list, please feel free to con- ance on municipal budget approval. argues vigorously that the current state tact the MAC staff for assistance. funding system of education is neither ade- quate nor fair. “Property taxes are going up ADDRESS SOCIAL SERVICE AppROPRIATIONS more than what they should be because the APPROVE THE MUNICIPAL BUDGET Like budget articles, social service appro- State is not funding its obligations,” he said. The wording for the article for approval priation articles vary from town to town. Since the enactment of Acts 60 and 68, Kil- of the town budget varies widely from town Unless petitioned by the voters, the select- lington has joined other towns in court to to town. Here is an example, with a provi- (Continued on next page) challenge both the State’s property appraisal methods and its authority to spend locally- raised education property taxes on purposes OCAL OVERNMENT AY other than funding local school budgets. L G D 2006 The Town’s highest profile action to WEDNESDAY, FEBRUARY 15, 2006 date, however, was its decision to investi- gate seceding from Vermont and joining This winter, VLCT and the Vermont (Continued on Page Nine) Municipal Clerks’ and Treasurers’ Asso- ciation (VMCTA) will once again bring hundreds of local officials and legislators together in Montpelier for a day of infor- INSIDE THIS ISSUE mation sharing. Local Government Day in the Leg- Legal and Regulatory Notes . 4 islature will feature updates on impor- Municipal Census Survey . 5 tant legislation, House and Senate hear- ings on bills of interest to local officials, Ask the League . 6 tours of the State House, and a lun- USDA Grant Program . 7 cheon at Montpelier’s Capitol Plaza. Per- Group Services Comm . Ctr . 10 haps most importantly, the day will pro- Tech Check . 13 vide local officials a chance to informally meet and dine with their legislators, and, Trivia . 14 while doing so, discuss the issues that are Local Law Enforcement . 18 important to their town, village or city. Classifieds . 19 Please watch your mail in early Jan- Calendar . 20 uary for a registration form for Local (Continued on Page Twelve) TOWN MEETING - (Continued from previous page) board has the option of wording these may vote to prohibit a constable from exer- 89 Main Street, Suite 4 Montpelier, VT 05602-2948 appropriation requests either as separate cising law enforcement authority or vote Tel.: (802) 229-9111 • Fax: (802) 229-2211 and distinct articles, or lumped together. In to prohibit a constable from exercising E-mail: [email protected] some towns, social service agency requests law enforcement authority without first Web: www.vlct.org are included as line items in the selectboard’s receiving law enforcement training. Here proposed budget. Here are some samples are some examples: VLCT Board for separate articles: Example 1: Susan Spaulding, President Example 1 Shall the voters prohibit the town constable Manager, Chester Sandra Grenier, Vice-president Article 7. Shall the voters appropriate from exercising any law enforcement authority, Clerk/Treasurer, St. Johnsbury $500.00 to be raised by taxes in support of in accordance with 24 V.S.A. § 1936a(a)(1)? Charles Lusk, Past President The Snowbury Center Museum? Selectperson, Stowe Example 2: Steven E . Jeffrey, Secretary Article 8. Shall the voters appropriate Shall the voters prohibit the town con- $7,500.00 to be raised by taxes in support of stable from exercising any law enforcement Nicholas Ecker-Racz Happy Valley Ambulance Squad? authority without having first successfully com- Selectperson, Glover pleted a course of training under 20 V.S.A. Sandra Harris Town Clerk, Vernon Example 2 Chapter 151, in accordance with 24 V.S.A. § Brendan Keleher Article 7. Shall the voters appropriate 1936a(a)(2)? Chief Administrative Officer, Burlington $8,000.00 to be raised by taxes to the fol- David Lewis lowing organizations as shown: For additional information about Manager, Killington The Center for Disabled Race Horses limiting a constable’s law enforcement Sanford Miller $500.00 authority, see 24 V.S.A. § 1936a. Manager, Milton Paul Myers Homes for the Disenfranchised Selectperson, Wilmington $7,500.00 MOVE FROM AN ELECTED CONSTABLE William Perkins TO AN APPOINTED CONSTABLE Selectperson, Middlebury For addition guidance on social service Another way to increase oversight of Hunter Rieseberg appropriations, see 24 V.S.A. § 2691. Manager, Hartford the constable and make sure he or she is Al Wilkinson properly trained is to make the position Alderperson, Rutland ELIMINATE THE OFFICE OF AUDITOR an appointed one. The law requires that Stephen Willbanks As town budgets have grown and appointed constables receive training before Selectperson, Strafford accounting standards have become more exercising law enforcement authority. 20 complex, some towns have had difficulty V.S.A. § 2358. The question to move to an VLCT Staff* finding qualified candidates for the office of appointed constable must be voted by Aus- Steven E . Jeffrey auditor. The law authorizes the voters of a tralian ballot: Executive Director town to eliminate the office by their vote at Dominic Cloud town meeting, but the vote requires a paper Shall the voters authorize the selectboard Director, Municipal Assistance Center ballot. An article to eliminate the office of to appoint a first constable, and, if needed, a Karen B . Horn auditor might state: Director, Public Policy and Advocacy Services second constable, in accordance with 17 V.S.A. David Sichel § 2651a? Director, Group Services Shall the voters authorize the elimina- B . Michael Gilbar tion of the office of Town Auditor, with future For more on the appointed constables, Director, Administrative Services audits to be provided by a certified public see 17 V.S.A. § 2651a, 24 V.S.A. § 1936a, *Partial List accountant, and all other auditor duties per- and 20 V.S.A. Chapter 151. Katherine B . Roe, Editor, VLCT News formed by others as directed by the selectboard, in accordance with 17 V.S.A. § 2651b? The VLCT News is published eleven times per COLLECT PROPERTY TAXES IN year (the August and September issues are com- For additional guidance on the elimina- INSTALLMENTS bined) by the Vermont League of Cities and Towns, Installment payments can lessen the tion of the office of auditor, see 17 V.S.A. § a non-profit, nonpartisan organization founded in pinch of increasing property taxes. Towns 2651b. 1967 to serve the needs and interests of Vermont are free to provide for up to four installment municipalities. The VLCT News is distributed to payments. Taxes payable in installments can all VLCT member towns. Additional subscriptions RESTRICT THE CONSTABLE’S LAW are available for $25 to VLCT members ($60, non- also bear interest. Here is an example for NFORCEMENT UTHORITY members), plus sales tax if applicable. Please con- E A two installment payments: tact VLCT for subscription and advertising When concerned about liability for the information. actions of an untrained constable, towns (Continued on Page Fourteen) 2 • VLCT News • January 2006 0UTOUREXPERIENCE TOWORKFORYOU !T4$"ANKNORTH OUR'OVERNMENT"ANKINGDIVISIONOFFERSAFULLRANGE OFDEPOSIT CASHMANAGEMENT INVESTMENT ANDLENDING LEASINGAND lNANCIALADVISORYSERVICES ALONGWITHANUNPARALLELEDKNOWLEDGEOF LOCAL STATEANDCOUNTYGOVERNMENTS/UR2ELATIONSHIP-ANAGERSHAVE DIRECTEXPERIENCEINGOVERNMENTALAFFAIRSANDBANKING4HISKNOWLEDGE COMBINEDWITHLOCALDECISIONMAKINGANDTHEPOWERTOPERSONALLY DELIVERVIRTUALLYANYBANKINGREQUESTYOUMAYHAVE PRODUCESRESULTS FORTHECITIZENSANDTAXPAYERSYOUSERVE7EINVITEYOUTOCALLTODAYTO SCHEDULEANAPPOINTMENT *EANIE+ELLY !NITA"OURGEOIS *OHN1UARTARARO 4ED3CONTRAS 'ENE!RNOLD -ARGE"ARKER "ETH"ARTLETT #ONNIE"RENNAN .ICOLE$UMAIS !RLEEN'IRARD 0AUL-ARTEL 2ICHARD2ANAGHAN *OHN#ONTE 0ATRICIA#ARLINO $IANNE3KERRY -ELISSA7ILLIAMS 7ANDA/CZECHOWSKI 3HELLY1UINN 4ED-AY 4$"ANKNORTHCOM "ANK$EPOSITS&$)#)NSURED\4$"ANKNORTH.! 3 • VLCT News • January 2006 ARCHIVAL RECORDS LAWFULLY SEALED; PROTECTIVE GEAR & COMPENSATION VERMONT SUPREME COURT DECIDES to take custody of “archival records” of “con- places no limits on the ability of the govern- DEAN PUBLIC RECORDS CASE tinuing legal administrative, or historic ment to restrict public access to records. value.” Moreover, the