Section 149-23 - Local elected officials(a) Local elective offices to be filled by the registered voters of the Town shall be only those articulated by this charter and shall include: (5) Cemetery Commissioners;(7) trustees of public funds.(b) Provisions related generally to all elected local offices. (1) Term. (A) Terms for elective offices shall begin officially when the Town Clerk and Board of Civil Authority certify election returns as final.(B) In the event of a recount, or unresolved irregularities in election returns, should action be required, it shall be taken by the officials sitting at the time of the election.(2) Oath of office.(A) An elected official shall take the oath of office prescribed by statute, if applicable, prior to taking any official action.(B) A signed copy of the oath must be filed with the Town Clerk within one week from its execution.(3) Compensation.(A) The manner of compensation for the Selectboard members and the Moderator shall be fixed by the voters and, for all other elective offices, by the Selectboard.(B) Expenses, actual and necessary to the performance of the duties of office, may be paid, provided they are submitted through the administration for processing and payment, except as may be provided by the voters.(4) Recall of elected officials. (A) Any elected official may be removed from office as follows: A petition signed by not less than 15 percent of the registered voters shall be filed with the Selectboard, requesting a vote on whether the elected officer shall be removed from office. The date of signing by each voter shall be indicated in the petition and such date shall not be earlier than 30 days prior to the filing of the petition. The Selectboard shall call a special Town meeting, to be held within 45 days of receiving the petition, to vote on whether the elected officer shall be removed. The official shall be removed only if at least as many registered voters of the Town vote as voted in the election wherein the officer was elected or at least one-third of the registered voters of the Town vote, whichever is greater, and a majority of the number of votes is cast for removal.(B) If the Town votes for removal of an elected officer, the office shall thereupon become vacant, and the Selectboard shall call a special meeting, to be held within 45 days following the vote for removal, to fill the vacancy for the remainder of the unexpired term. The office shall remain vacant until the next annual Town meeting if the special Town meeting would fall within 75 calendar days prior to the annual Town meeting.(5) Attendance. All elected officials are expected to attend all meetings of the public bodies of which they are members.(6) Holding of more than one office.(A) Elective offices. Nothing in this section shall be interpreted as limiting any person from holding a State or federal elective office at the same time that person holds local office, provided the service does not interfere or conflict with the proper attendance at meetings and execution of the duties of the office.(B) Local appointed boards and commissions. Elected officials shall not be prevented from serving on local appointed boards and commissions, provided said service does not conflict or interfere with the proper execution of the elective office.(7) Qualification to run for or hold local office.(A) No person shall be qualified to run for or be elected to hold an elective office unless the person is a registered voter in the Town.(B) Should an elected holder of local office establish residence in some place other than the Town, the office shall be declared immediately vacant by the Selectboard and said vacancy shall be filled in accordance with the provisions of this charter.(C) The requirements above dictate that a candidate or officeholder must actually dwell in the Town, and not merely maintain a residence therein.(8) Vacancy of elected office. (A) In addition to the requirement of subdivision (7) of this subsection (b), a vacancy shall be deemed to exist in any local office where an officer dies, resigns, is removed or recalled from office, is convicted of a felony, is convicted of a misdemeanor involving a breach of public trust, is judicially declared to be mentally incompetent, or no longer resides in the Town.(B) The declaration of vacancy shall be made by a majority vote of the Selectboard or, in the case of a Selectboard member, by the other members of the Selectboard.(c) Elected officers, duties, responsibilities, and conduct.(1) Selectboard.(A) Number and term. Unless altered by the procedures provided herein, the policy-making body for the Town shall be a five-member Selectboard, elected at large, on a nonpartisan basis, to staggered three-year terms.(B) Powers and duties. The Selectboard shall discharge all duties conferred, imposed, or implied by statute or prescribed by this charter for selectboards, except as herein limited, or specifically transferred to the Town Manager. Further, unless stated in this charter, the powers and duties of any elected or appointed office not created by this charter shall be conferred on the Selectboard. All committees of the Board, and all citizen boards and commissions, shall be advisory in nature unless a specific legal or policy-making function is otherwise provided by State law or ordinance as limited by this charter. In this charter, the failure to mention a particular power shall not serve to exclude it or be restrictive of the scope of powers that the Selectboard would otherwise have.(C) Organization of the Selectboard, Chair, Vice Chair.(i) The Selectboard shall have a Chair who shall be elected annually by a majority vote of the five members.(ii) The Board shall, in a similar manner, choose a Vice Chair to serve in the absence or disability of the Chair.(D) Duties of the Chair.(i) The Chair shall be the official head of the Town for all ceremonial purposes.(ii) The Chair shall preside at all meetings of the Selectboard and may participate in all proceedings as a regular member.(iii) All duties of an administrative nature, except as otherwise provided by this charter, shall be exercised by the Town Manager as provided herein.(E) Meetings. All meetings shall be conducted in accordance with Vermont's Open Meeting Law, 1 V.S.A. chapter 5, subchapter 2.(i) Organizational meeting. (I) Within seven days after the annual Town meeting, the Selectboard shall meet for the purpose of taking the oath of office, organizing, electing a chair and vice chair, and adopting rules for the transaction of business.(II) The Town Clerk or designee shall preside at the organizational meeting of the Selectboard prior to the election of the Board Chair.(III) The Board may transact any other business required at that meeting.(ii) Regular meetings. (I) The Board shall hold regular meetings at a regular time, twice a month, with allowances for one monthly meeting during the months of June, July, and August.(iii) Agenda. (II) Any Selectboard member, citizen in attendance, or the Manager may request at the start of the meeting that items be added to the agenda. Items may be added to the agenda subject to Selectboard approval.(iv) Quorums; votes.(I) Three members shall constitute a quorum for any Board meeting except as provided otherwise by this charter.(II) The minutes of the meeting will record the vote of each Selectboard member.(III) No action of the Board shall be valid or binding unless acted upon by a majority of the members present unless otherwise provided for by this charter.(v) Minutes. (I) The Town Clerk or the Selectboard's designee shall be the official Clerk of the Selectboard and shall be responsible for minutes in a form prescribed by Vermont's Open Meeting Law.(vi) Special meetings and workshops. Special meetings may be called at any time by the Chair, or the Vice Chair in the absence of the Chair, or by written request, signed by three Board members.(vii) Executive session. The Selectboard may hold an executive session to discuss any action in accordance with the provisions of Vermont's Open Meeting Law.(ix) Vacancies. A vacancy on the Selectboard may be filled by a majority vote of the Selectboard, the appointment to run until the next annual Town meeting at which an election shall be warned to fill any unexpired term.(3) Moderator. (A) There shall be a Moderator elected on a nonpartisan basis for a one-year term, who shall perform all duties prescribed by this charter and State law.(B) Should a vacancy occur in the office of Moderator, it may be filled by a majority vote of the Selectboard, the appointment to run until the next annual Town meeting at which an election shall be warned to fill any unexpired term.(4) Library Trustees(A) The Library Board of Trustees shall consist of seven members to be elected at large.(B) Library Trustees shall serve staggered terms of three years.(C) Should a vacancy occur in the Office of Library Trustee, it may be filled by a majority vote of the Selectboard, the appointment to run until the next annual Town meeting at which an election shall be warned to fill any unexpired term.(5) Cemetery Commissioners.(A) There shall be elected five Cemetery Commissioners each to serve staggered five-year terms.(B) The Town Clerk shall be a nonvoting ex-officio member of the Cemetery Commission.(C) The Cemetery Commission shall advise the Selectboard regarding the condition, operation, and maintenance of cemeteries but shall in no way supervise administration of cemetery personnel.(D) The Town Clerk shall, under the direction of the Cemetery Commissioners, ensure that cemetery lots are properly laid out and that sale of lots is properly conducted.(E) The Cemetery Commissioners shall issue and update regulations regarding cemetery use, interment, and burial fees.(F) Should a vacancy occur in the office of Cemetery Commissioner, it may be filled by a majority vote of the Selectboard, the appointment to run until the next annual Town meeting at which an election shall be warned to fill the unexpired term.(6) Trustees of public funds. Public funds are funds received from private outside sources for specific long-term purposes and are maintained separately from the general operating fund. The Town has a fiduciary responsibility to maintain these funds in accordance with any restrictions placed on the funds at the time the funds were received. (A) There shall be elected three trustees of public funds, each to serve staggered three-year terms.(C) The trustees shall perform all duties as provided for by statute as limited or defined by charter.(D) The trustees shall be charged with maximizing the return on all invested funds while maintaining their security, which shall include the preservation of principal. In service of this goal, they shall file with the Selectboard an annual plan outlining the program of investments for the year.(E) All funds entrusted to the trustees shall be audited yearly as part of the Town's annual audit.(F) Should a vacancy occur in the office of trustee of public funds, it may be filled by a majority vote of the Selectboard, the appointment to run until the next annual Town meeting at which an election shall be warned to fill the unexpired term.24 Appendix V.S.A. § 149-23
Amended by 2023 , No. 6, § 261, eff. 7/1/2023.Amended 2019, No. 84 (Adj. Sess.), § 9.