(1 V.S.A. §§ 310-314)
PUBLIC MEETINGS (1 V.S.A. §§ 310-312)
• All meetings of a public body are to be open
to the public at all times except as specified
as meeting the executive session standards
outlined in this law (see below).
• A meeting is defined as a gathering of a quorum of the members of a public body for the purpose of discussing the business of the public body or for the purpose of taking action.
• A meeting may be conducted by audio conference or other electronic means, as long as the provisions of this subchapter are met.
• To be binding, resolutions, rules, regulations, appointments must be made, and formal actions taken by a public body at an open meeting, except actions to secure real estate purchase options.
• At an open meeting, the public shall be given reasonable opportunity to be present, to be heard and to participate regarding matters considered by the public body during a meeting, subject to rules established by the chairperson. This does not apply to quasijudicial proceedings.
"REGULAR" PUBLIC MEETINGS (1 V.S.A. §
312(c)(1)(5))
The time and place must be clearly designated by resolution,
statute, charter, bylaw or regulation and must be
made available to any person upon request.
"SPECIAL" MEETINGS (1 V.S.A. § 312(c)(2)(5))
The time, place and purpose of a special meeting shall
be publicly announced at least 24 hours before the
meeting by posting notices in or near the municipal
clerk’s office and in at least two other public
places in the municipality at least 24 hours before
the meeting. Unless waived, each member of the public
body must also receive 24-hour notice either orally
or in writing.
"Publicly announced" (1 V.S.A. § 310 (4)) means that notice is given to an editor, publisher, or news director of a newspaper, radio or television station serving the area of the state in which the public body has jurisdiction or who requests in writing notification of special meetings. (1 V.S.A. § 312 (c) (5)).The request only applies to the calendar year in which it was made, unless made in December, in which case it also applies to the following year.
AGENDAS (1 V.S.A. § 312(d)) for regular and special meetings are to be made available to news media and concerned persons prior to the meeting upon specific request.
"EMERGENCY" MEETINGS (1 V.S.A. §
312(c)(3))
Emergency meetings may be held without public announcement,
without posting of notices and without 24-hour notice
to members, provided some public notice is given as
soon as possible before any such meeting. Emergency
meetings may be held only when necessary to respond
to an unforeseen occurrence or condition requiring
immediate attention by the public body.
ADJOURNED MEETINGS (1 V.S.A § 312 (c) (4))
Adjourned meetings shall be considered NEW MEETINGS
(for which all notice requirements must be met), unless
the time and place for the adjourned meeting are announced
prior to adjournment.
MINUTES (1 V.S.A. § 312(b))
Minutes of all meetings of public bodies shall be
taken. They shall cover all topics and motions that
arise and give a true indication of the business of
the meeting. Minutes must include at least: all public
body members present and other active participants;
all motions, proposals and resolutions made, offered
and considered, and their disposition; and the results
of all votes, with a record of each member’s
vote if a roll call is taken.
Minutes of all public meeting are matters of PUBLIC RECORD, shall be kept by the public body’s secretary or clerk, and must be available for inspection and purchase of copies, at cost, by any person upon request FIVE days after the date of the meeting.
Minutes of an EXECUTIVE SESSION need not be taken, but if they are, shall not be made public subject to this section. (1V.S.A. § 313(a)).
EXECUTIVE SESSIONS (1 V.S.A. § 313)
Requirements
1. In the case of any public body of a MUNICIPALITY
or other POLITICAL SUBDIVISION there must be a vote
taken in an open meeting, in favor of the motion to
go into executive session by a MAJORITY of its members
PRESENT. The MOTION to go into executive session shall
indicate the nature of the business of the executive
session and no other matter may be considered in that
particular executive session.
2. Attendance is limited to members of the public body, and, in their discretion, its staff, clerical assistants, legal counsel, persons who are subjects of the discussion or whose information is needed.
3. The following subjects ONLY may be considered in executive session:
• Contracts, labor relations agreements with employees, arbitration, mediation, grievances, civil actions or prosecutions by the state, where pre-mature general public knowledge would clearly place the state, municipality, other public body, or person involved at a substantial disadvantage;
• The negotiating or securing of real estate purchase options;
• The appointment or employment or evaluation of a public officer or employee;
• A disciplinary or dismissal action against a public officer or employee; but nothing in this subsection shall be construed to impair the right of such officer or employee to a public hearing if formal charges are brought;
• A clear and imminent peril to the public safety;
• Discussion or consideration of records or docu-ments excepted from the access to public records provisions of section 317(b) of this title. Discussion or consideration of the excepted record or document shall not itself permit an extension of the executive session to the general subject to which the record or document pertains;
• The academic records or suspension or discipline of students.
4. No formal or binding action may be taken in executive
session except actions relating to the securing of
real estate purchase options.
PENALTY (1 V.S.A. § 314)
A person who is a member of a public body and who
knowingly and intentionally violates the provisions
of this subchapter or who knowingly and intentionally
participates in the wrongful exclusion of any person
or persons from any meeting for which provision is
herein made, shall be guilty of a misdemeanor and
shall be fined not more than $500.00.
The attorney general or any person aggrieved by a violation of the provisions of this subchapter may apply to the superior court in the county in which the violation has taken place for injunctive relief or a declaratory judgement. Except as to cases the court considers of greater importance, proceedings before superior court shall take precedence on the docket over all cases and shall be assigned for hearing and trial or argument at the earliest date and expedited in every way.
Questions?
Local officials can contact VLCT at (802) 229-9111 or info@vlct.org
