Table of Contents

ACKNOWLEDGEMENT

INTRODUCTION

GOVERNMENTAL ORGANIZATION    

Council – Manager Form of Government    

Selectboard Responsibilities for Boards    

Town Manager Responsibilities for Boards    

BOARDS, COMMISSIONS AND COMMITTEES (PUBLIC BODIES)    

Role & Authority    

Advisory vs. Non-advisory    

Other Types of Appointments    

VERMONT STATUTES APPLICABLE TO BOARDS    

Open Meeting Law    

Public Records Law    

Municipal Code of Ethics    

TOWN OF ESSEX POLICIES    

STAFF REPRESENTATIVES    

Staff Representative Duties    

Staff Representative Absence    

GENERAL GUIDELINES    

Annual Organizational Meeting    

Meetings in General    

Administrative Matters    

Annual Expectations    

Types of Meetings and General Actions    

Conduct and Other Policies    

ACKNOWLEDGEMENT

As a Town of Essex board, committee or commission member, I acknowledge that I have received and read the Town of Essex Handbook for Board, Committee & Commission Members and their Staff Representatives.

Member Signature
Print Name
Date

I.    INTRODUCTION

Serving in Town of Essex government is a commitment that calls for volunteered time, work, and ethical conduct. In return, participants can shape Town policy, ensure residents’ voices are heard, collaborate with interesting and varied people and partners, and influence the future of our community.

Participation also carries responsibilities. This handbook attempts to provide background information, laws, policies, and guidelines that will help Town staff and volunteers in assuming the responsibilities of working for and volunteering on boards, commissions, and committees (hereinafter referred to as “boards” or “public bodies”). The handbook is also designed to make it as easy as possible for volunteers to enjoy their participation and the experience of serving in Town government.

When appointing members to committees, the Town of Essex is committed to fostering inclusion, diversity, and equity in every aspect of the selection process. The Town recognizes that diverse perspectives enrich decision-making, enhance innovation, and ensure that a broad range of voices and experiences are represented. The Town strives to create equitable opportunities for participation, ensuring that all members feel respected, valued, and empowered to contribute meaningfully. This commitment is fundamental to building effective boards that reflect the community they serve.

II.    GOVERNMENTAL ORGANIZATION

A.    Council-Manager Form of Government

The Town of Essex was incorporated on June 7, 1763, and is governed by a Town Charter (24 App. ch. 117). The Selectboard serves as the Town’s legislative body. 

Essex operates under a council-manager form of government. For Essex, the “council” is the Selectboard, to which five nonpartisan members are elected "at large," meaning they serve the town as a whole rather than representing wards or districts. Selectboard members serve three-year terms. Selectboard seats have staggered terms and are voted during the annual Town Meeting election each year in March. Each term begins with the first regular meeting in April following the election. 

B.    Selectboard Responsibilities for Boards

The Selectboard appoints members to the Town’s Planning Commission, Development Review Board, and “such additional commissions as [the Selectboard] feel to be in the best interest of the Town and all other appointive or elective officers authorized by statute” (24 App. V.S.A. ch. 117, § 208). 

The Selectboard also hires the Town Manager. With a few exceptions, the Town Manager is responsible for the hiring, firing, and replacement of Town employees.  The Town Manager serves as the liaison between the Selectboard and Town staff.

C.    Town Manager Responsibilities for Boards

The Town Manager is the chief administrative officer for all Town of Essex departments, budgets, and operations. The Town Manager is responsible for the resources of the Town and the general conduct of its business. The Town Manager holds meetings with residents, private groups, and other members of the community to bridge the gap between Selectboard decisions and the day-to-day administration of local government services (24 App. V.S.A. ch. 117, subch. 4 & 5 and 24 V.S.A. § 1236). The Manager’s responsibilities for boards includes oversight of the staff who support the Town’s various boards.

III.    BOARDS, COMMISSIONS AND COMMITTEES (PUBLIC BODIES)

A.    Role & Authority

The members of all committees, commissions, and boards apart from the Board of Civil Authority (which also serves as the Board of Abatement) are appointed by the Selectboard. Members of the Cemetery Commission are appointed by the Town Manager and subject to confirmation by the Selectboard. Essex boards are assigned a staff representative by the Town Manager. The staff representative’s function is to support the work of their respective board within the resources available within the Town for this purpose. Staff representatives report to the Town Manager who, in turn, reports to the Selectboard.

The primary role of boards is to review and make recommendations to the Selectboard on matters within their scope of responsibility and to promote increased public participation in determining Town of Essex policies and program implementation. Quasi-judicial bodies have their own autonomy in certain areas and may also make recommendations to the legislative body, particularly on matters within their area of expertise. 

All boards should focus on identified common goals and priorities that benefit the community. Resources that identify those goals include, but are not limited to, the Town Plan, the Selectboard’s values and strategic plans, and other adopted needs assessments and studies. 

B.    Advisory vs. Non-advisory

In the context of Vermont’s Open Meeting Law, boards are considered either advisory or non-advisory.

1.    ADVISORY BODIES

Open Meeting Law defines an advisory body as a “public body that does not have supervision, control, or jurisdiction over legislative, quasi-judicial, tax, or budgetary matters.” An advisory body advises, which means that it is not the final decision-making authority. The specific role of Town advisory bodies is as a residents’ advisory arm of the Selectboard. On specific matters referred to by the Selectboard, a board serves as a principal reviewing body of the Town. Most decisions, however, are advisory with final disposition made by the Selectboard. The minimum age for advisory board members varies. Please see Attachment A (List of Boards, Committees, Commissions) for a complete list of eligibility requirements for each.

2.    NON-ADVISORY BODIES (DECISION-MAKING)

If a public body has final decision-making authority over any legislative, quasi-judicial, tax, or budgetary matter then it is categorically a non-advisory or decision-making body. Certain decision-making boards such as the Development Review Board may take final action in certain prescribed areas. Non-advisory board members must be at least 18 years of age.

See Attachment A (List of Boards, Committees, Commissions) for a list of Essex’s Advisory and Non-Advisory bodies and the staff representative assigned to each board. 

C.    Other Types of Appointments

1.    ALTERNATES

Alternates for member seats may be appointed at the discretion of the Selectboard and in accordance with Vermont statute. The role of an Alternate is to fill in for an appointed member and can be for various reasons. An Alternate may be directed to sit in for an appointed member if a quorum is needed to conduct business. An Alternate for a Representative of an external board, commission, or committee may be appointed in the event the appointed representative of the Town is unable to attend a meeting. An Alternate may be appointed if an appointed member must take a leave of absence. Not all boards need alternates.

2.    EX-OFFICIO

The Selectboard may appoint a non-voting ex officio member, including a Selectboard member, to a board if permissible by statute. Ex-officio members are not counted in the meeting quorum. An ex-officio member is someone who serves on a board by virtue of another office or position they hold. Ex-officio members typically serve in an advisory capacity to bring specialized knowledge and expertise to the board, promote diverse perspectives, or foster a sense of continuity.

3.    EXTERNAL BOARDS WITH ESSEX REPRESENTATIVES

The Selectboard may appoint individuals to represent the Town of Essex on external or regional boards. These boards, their meetings, and policies are not organized or managed by the Town of Essex. Appointed representatives must adhere to requirements, bylaws, and any other policies brought forth by the external/regional board as well as the Town of Essex requirements, bylaws, policies, and procedures when applicable.  

IV.    VERMONT STATUTES APPLICABLE TO BOARDS

All boards and staff must adhere to Vermont’s Open Meeting Law, Public Records Law, and the Municipal Code of Ethics. While the rest of this Handbook will establish expectations for how Essex boards and their staff representatives operate, adherence to Vermont law is crucial. The most important components of those laws are highlighted in this section, and volunteers are encouraged to review the laws in full.  

A.    Open Meeting Law

Every municipal board must comply with the Vermont Open Meeting Law (1 V.S.A. § 310 – 314). As described by the Vermont League of Cities and Towns, “The Law applies when there is (1) a quorum of a public body; (2) involved in a discussion or taking action; and (3) the subject matter of the discussion is one over which the body has authority or responsibility.”

1.    OPEN MEETING LAW HIGHLIGHTS

• Posting agendas on the Town website and at the Town Offices and two other locations in Essex. The Town posts agendas at Essex Free Library (1 Browns River Rd.) and the Public Works Administrative Building (5 Jericho Rd.). Agendas MUST be posted at least 48 hours before a regular public meeting. When additional postings are required, such as for certain public hearings, agendas should be posted at the U.S. Post Office (22 Essex Way) and the bulletin board at the Essex Experience (21 Essex Way). 
• Open Meeting Law requires decision-making bodies provide a physical location, hold hybrid meetings, and post recordings in a designated location for at least 30 days after the posting of minutes for regular and special meetings. If a meeting is warned as a hybrid meeting, it must be a hybrid meeting, or it must be rescheduled.
• Draft minutes of a meeting must be posted to the Town website within five calendar days of a meeting. 
• Business of a board can only be conducted at a publicly warned meeting, with a quorum of members present. Discussion of board business must happen at public meetings. Exceptions include executive sessions, deliberations, certain site inspections, scheduling meetings, distributing materials, training programs, media events, and non-business gatherings. The law does not prevent a quorum of a board from being in the same place, for instance, if board members are attending a training or meeting in a social setting, provided the members are not discussing business.
• Local chairs of legislative bodies and municipal managers are required to participate in an annual Open Meeting Law training by the Secretary of State. Completion of this training shall be reported to the Manager’s Office at manager@essex.org.

2.    TOWN REQUIREMENTS

To support accessibility, accountability, and transparency, the Town of Essex requires all boards to hold all regular and special meetings as hybrid meetings (including boards that are advisory and do not make decisions). This means that all regular and special meetings shall include a designated physical meeting location and a designated electronic meeting platform. Exceptions are considered on a case-by-case basis by the Deputy Manager or Town Manager.  All meetings must be recorded with the exception of site visits or field visits.

3.    ENFORCEMENT

The State’s Attorney General or any person aggrieved by a violation of Open Meeting Law may provide the public body with a written notice of an alleged violation. The Town website provides an online complaint form. Upon receipt of a notice, the board must respond publicly within 10 calendar days. The public body must either acknowledge the violation and state an intent to cure the violation within 14 calendar days, or state that the board determines no violation has occurred and therefore no cure is necessary. A failure to respond within 10 calendar days is treated as a denial of the violation.

Within 14 calendar days after a board acknowledges a violation, the board must cure the violation at an open meeting by: 

a)    Either ratifying, or declaring as void, any action taken at or resulting from a meeting that was not noticed in accordance with the Law; or a meeting that a person or the public was wrongfully excluded from attending; or an executive session or portion thereof that was not authorized under the Law; and

b)    Adopting specific measures that prevent future violations (1 V.S.A. § 314(b)(4)).

4.    INADVERTENT VIOLATION OF OPEN MEETING LAW

If a public body discovers an inadvertent violation on its own such as that an open meeting was not properly warned, the board should include an agenda item at the next meeting for discussion of the potential inadvertent violation. At that point the board can acknowledge the violation and adopt measures to address the violation at the meeting or another duly warned meeting within 14 days. A cure shall be geared toward addressing the violation and might include, for example, training regarding the requirements of the Open Meeting Law, or implementation of internal procedures to assist the public body in future Open Meeting Law compliance.  

Additional resources and quick reference documents are provided in Attachment I (Open Meeting and Public Records Laws Quick Guide and FAQs).  

B.    Public Records Law

The Town of Essex must follow Public Records Law (1 V.S.A. § 315 - 320), which provides for free and open examination of records. Any person has the right to request inspection or copying of a public record. The definition of a “public record” is broad and includes “any written or recorded information, regardless of physical form or characteristics,” which is produced or acquired in the course of municipal business. As a municipal officer, even text messages sent and received on a personal cell phone or computer are considered a public record if the content is produced while in an official capacity as a member of a board.  

Additional resources and quick reference documents are provided in Attachment I (Open Meeting and Public Records Laws Quick Guide and FAQs).  

C.    Municipal Code of Ethics

The Vermont State Ethics Commission requires municipalities to adhere to the Municipal Code of Ethics (24 V.S.A. ch. 60).  In addition to the law, all members of Essex boards and representatives of the Town of Essex on external/regional boards have a duty to follow Town of Essex policies regarding conflict of interest and ethics, which include, but are not limited to: 

• Avoid conflicts of interest or the appearance of a conflict of interest. If confronted by a potential conflict, a member shall recuse themselves from the matter and make a public statement for the record explaining the reason for recusal, unless otherwise permitted by statute to participate. 
• Act impartially and not unduly favor or prejudice any person in the course of conducting official business. 
• Do not misuse a position for personal or financial gain of the member or the member’s immediate family/household.
• Do not misuse information provided during meetings and keep confidential documents private. Do not share.  

V.    TOWN OF ESSEX POLICIES

In addition to Vermont statutes, the Selectboard adopts policies that apply to the operations of the Town’s boards. Except for specific exemptions, all Essex boards must adhere to Town policies adopted by the Selectboard. Applicable policies are listed here and provided as attachments; policies and procedures that are specific to certain boards are listed with the appendix materials for those boards. 

Volunteers and staff shall familiarize themselves with the following policies: 

• Communications Policy – Attachment J
• Purchasing Policy – Attachment K

Boards are strongly encouraged to adopt and amend their own operating procedures, provided those procedures are in keeping with Vermont statute. Boards are encouraged to use the Selectboard’s Rules and Regulations for Orderly Conduct of Business as a model. If boards do not adopt their own operating procedures, the Town of Essex recommends using the Vermont League of Cities and Towns’ Model Rules of Procedure for Municipal Public Bodies or Robert’s Rule of Order. A full list of Town of Essex policies is on the Town website. 

VI.    STAFF REPRESENTATIVES

Staff support means facilitating operations for the boards and supporting the work of those boards. Staff representatives have a limited amount of time to support their board’s work. Some staff representatives support numerous boards in addition to their other job responsibilities. 

A.    Staff Representative Duties

Staff duties primarily include, but are not limited to, the following: 

• Onboarding new members (reviewing the mission of the board and ongoing work, offering the stipend form, reviewing highlights and key points of Open Meeting Law and Public Records Law, etc.). The Chair of the board should attend onboarding meetings with new members.
• Collaborating with the Board Chair to develop meeting agendas and ensure that the items can be covered within a reasonable timeframe, respecting the availability of all members and staff involved.
• Setting up and operating hybrid meetings using Town-licensed software and equipment. 
• Ensuring that minutes are posted online within statutory timeframes (board members are encouraged to draft minutes and send them to staff for posting).
• Ensuring boards adhere to an annual schedule, such as holding an organizational meeting, creating an annual work plan, and writing an annual report. 
• Providing information and recommendations to the boards to support the board’s work and decisions, typically in the form of memorandums or staff reports. Information and recommendations can also be made during discussion at board meetings. Staff will make recommendations; boards can take action that may or may not follow the recommendations of staff. 
• Facilitating the logistics of communication between boards and the Selectboard and/or Manager’s Office that could include adding board correspondence to meeting packets, scheduling annual check-ins with the Selectboard, or setting up meetings with the Manager. 
• Reviewing and supporting work products such as special events, grant applications, policies, contract proposals, etc. and protecting all document storage using Town-licensed software and applications.
• Storing and managing board documents and materials on Town-licensed software and applications that includes, but are not limited to, surveys, forms, guidelines, policies, and meeting documents.
• Notifying the Manager’s Office of any changes to board membership, e.g., resignations; and if necessary, securing access to buildings and licensed software by notifying the IT Department. 
• Maintain and update the board’s webpage.

Boards shall not become involved in the administrative or operational matters of Town departments unless specifically provided in their prescribed powers and duties, or unless authorized by the Town Manager. Town staff are assigned to furnish general staff assistance. Staff are aware of their responsibilities, and board members should be aware of the time involved on the part of staff in preparing studies and reports requested. Boards and staff representatives are expected to work together to develop annual work plans that fit within departmental capacity and meet the goals of the board – which may be guided by the Selectboard and documents such as the Town Plan, needs assessments, studies, and more. Departments may need to support work that involves financial decisions, policy recommendations to the Selectboard, permitting, insurance-related questions, and more. Boards and staff should work together to understand the roles each play on individual work plans to ensure adequate capacity exists.

If confusion or disagreement develops between a staff representative and a board, individuals shall make every attempt to clarify differences and make certain that clear communication is taking place. If differences cannot be resolved by this method, the staff person’s department head shall be consulted to resolve the matter. If the matter cannot be resolved at that level, the Deputy Town Manager or Town Manager shall be consulted. 

B.    Staff Representative Absence

Instances may arise when a staff representative is unexpectedly unable to attend a warned meeting, such as in the case of an illness or family emergency. If special circumstances arise that prevent a staff representative from being able to operate a hybrid meeting for their board, the staff representative should attempt to find a co-worker to cover the meeting. If no staff are available, the staff representative should consult with the Chair to ensure a board member will be present at the warned physical location (with entrance credentials if necessary and able to obtain in time) and can operate the hybrid meeting after a staff person with Town-licensed credentials has started the meeting. If the staff representative determines that there are issues with the meeting location or hybrid meeting equipment or connection, the meeting will be canceled, and the staff representative and Chair shall coordinate to reschedule the meeting. If a meeting is warned as a hybrid meeting, it must be a hybrid meeting, or it must be rescheduled. 

In accordance to the Town of Essex Electronic Communications and Computer Use Policy, under no circumstances shall usernames or passwords for Town-licensed software be shared. 

VII.    GENERAL GUIDELINES

A.    Annual Organizational Meeting

1.    OFFICERS

All boards shall hold an annual election for the Chair and Vice Chair at each board’s annual organizational meeting. The public body may choose to elect a Clerk to take minutes or take care of other communication and documentation on behalf of the board. 

The organizational meeting shall be held at the first meeting after new terms take effect. To hold the election, the staff representative for the meeting shall call the meeting to order and accept any nominations for Chair. All nominations shall be made before a vote, and votes must be taken in the order of the nominations. If the first vote elects a Chair, there is no need to hold subsequent votes. The Chair then takes control of the meeting and asks for nominations for Vice Chair.

The Chair is the key to the entire board process and is the hub of the action. The Chair must balance being assertive enough to make certain that the meeting runs by the rules, but democratic enough to use the power and authority of the position wisely. The Chair administers the agenda, keeps board members focused on the issue at hand, and ensures the meeting finishes on time. A Chair should state the question, ask for discussion, field motions, and bring the board to resolution after discussion.

The Chair's ability to handle meetings will have a significant impact on morale, operation, and effectiveness. The Chair must make certain that discussions do not get sidetracked on minor issues and must have the ability to see the "whole picture". The most important part of being Chair lies in the ability to find common ground and in achieving a compromise, if appropriate. Last, but far from least, the Chair must be able to represent the entire board to the Selectboard and community groups.

If the Chair is not in attendance or steps down from their role, the Vice Chair shall assume the responsibilities of the Chair. 

If an officer vacates their position, the board may nominate and vote on a new officer at the first meeting following the date of vacancy. 

2.    APPROVAL OF POLICIES

The board shall review relevant policies and procedures annually at the organizational meeting and approve any necessary changes, if authorized to do so. 

3.    MEETING SCHEDULE

A meeting schedule for the year shall be approved by the members at the organizational meeting. The schedule shall accommodate the best meeting time for the board and staff representative, including the availability of a location(s) to meet. 

B.    Meetings in General

1.    AGENDA

Each meeting shall have an agenda listing the time and place, the type of meeting and the items to be discussed or acted on. Items listed on the agenda shall be worded to give warning of the scope of the issue and shall not be vague, deceptive or overly limiting. 

Any person may request that a new item be placed on the regular meeting agenda by informing the staff representative by noon two days before the agenda is published; exceptions may be permitted for special meetings. Each board and its staff representative shall have discretion as to when an agenda is published, provided the publication date meets the minimum requirements of Open Meeting Law. The staff representative will collaborate with the board Chair on which items to include on the agenda. This rule shall not apply to old business already acted upon, tabled, or tabled to a specific time without the consent of the board. 

Board members may contact the staff representative to add items to the agenda by noon two days before the agenda is published; exceptions may be permitted for special meetings. The staff representative will review and clarify any items of concern prior to posting the agenda on the Town website using the instructions in Attachment C (CivicClerk Instructions to Post an Agenda). Meeting agendas, minutes and other records must comply with Vermont’s Open Meeting Law (1 V.S.A. §§310-314) and Public Records Law (1 V.S.A. § 312(a)). 

After a meeting is called to order, board members or the staff representative may ask for an amended agenda based on new information when delay would not be in the best interest of the Town of Essex. The agenda may be amended by a quorum of the board.

2.    ORDER OF BUSINESS

All meetings of public bodies shall be open to the public, except as provided by statute for executive sessions (1 V.S.A. §313) and deliberative sessions. Open Meeting Law requires meeting agendas to include sufficient details on the specific business to be discussed and details on proposed executive session, if included. Business of the boards shall be taken up for consideration and disposition in the following order:

• Call to Order
• Agenda Additions/Changes
• Approve Agenda
• Public to be Heard on Consent items and items not on Agenda
• Consent Items (optional)
• Business Items (those requiring public hearings held first; “Business” can include discussion-only items that do not require action)
• Reading File (optional)
• Proposed Executive Session (if needed)
• Deliberative Session (if needed, and allowed for certain boards)
• Adjourn

3.    CONSENT ITEMS

The consent agenda is designed to contain items that need approval and are of a routine and non-controversial nature, including, but not limited to the following: minutes, staff reports, action items discussed in detail previously that await a final vote, updates, etc. All items on the consent agenda, unless removed either by request of a board member or by request of a member of the public and concurred by the entire board, are approved by a single motion and vote. 

Because adoption of any item on the consent agenda implies unanimous consent, any member of the board shall have the right to remove any item from the consent agenda. Therefore, at the time of Agenda approval or prior to the vote on the motion to adopt the consent items, the presiding officer shall inquire if any board member, or any member of the public with concurrence of the board, wishes an item to be withdrawn from the consent agenda. If an item is withdrawn, it shall be placed at an appropriate place on the agenda for the current or future meeting. An example of this would be if a board member would like to suggest a change in the draft minutes. The item to approve minutes could be added to the Business section for discussion and a motion and vote to amend. 

If the approval of minutes typically requires discussion, a board may decide to place the approval in the business section rather than as a consent item. Boards may decide to forego the Consent Agenda.

4.    CHANGING AN AGENDA

A board may table or otherwise postpone an item on its meeting agenda, as in situations where additional information is needed before a decision can be made. Other adjustments to an agenda, such as changing the order of items, may be made any time during the meeting. There are more stringent standards for adding items to an agenda. Open Meeting Law states that an item may be added or removed from a meeting agenda as the first order of business at that meeting. This shall not be construed to give a board free rein to alter a meeting agenda at the last minute. Items should only be added to the agenda when necessary to deal with an unforeseen occurrence or condition requiring immediate action. In all other cases, an item that has not been listed on a posted agenda should not be discussed as a last-minute addition and should instead be placed on the next meeting agenda or, if necessary, call a duly noticed special meeting to address the item.

5.    PUBLIC PARTICIPATION

At an open meeting, the public shall be given a reasonable opportunity to express their opinion on matters considered by the public body during the meeting, as long as order is maintained. Public comment is subject to reasonable rules established by the Chair or by quasi-judicial procedures. The Chair may ask those who participate to provide their name and residence for the minutes of the meeting, but the participant is not required to answer. The exception to this is for interested persons taking part in a quasi-judicial proceeding. The definition of “interested persons” can vary depending on the context but generally includes individuals who have a legal interest of record in the property affected by a decision or are affected by a proposed action.

6.    MINUTES

It shall be the responsibility of the individual board, or staff if assigned, to record and maintain minutes for all meetings. These minutes should be a summary – not a verbatim transcript – that briefly describes the issues and actions taken. The synopsis should include all pertinent and important content. Minority opinions of members may also be recorded in the minutes. Comments by all members on every agenda item cannot practically be included in the minutes. 

Members abstaining from a discussion or vote for legal conflict of interest requirements are required to state their reason in the minutes. Certain issues may require more detailed minutes as considered necessary by the members. 

By Vermont statute (1 V.S.A. § 312(b)(1)), minutes shall include the following, at minimum:

a)    all members of the public body present

b)    all other active participants in the meeting

c)    all motions, proposals, and resolutions made, offered, and considered, and what disposition is made of same

d)    the results of any votes, with a record of the individual vote of each member if a roll call is taken

The staff representative must post a draft version of the minutes on the Town website within five (5) calendar days (including holidays and weekends) of a meeting in accordance with Vermont’s Open Meeting Laws. See Attachment D (CivicClerk Instructions to Post Minutes). Any board member taking minutes shall submit a draft to their staff representative with enough time for the representative to post the minutes by the statutory deadline. 

Nothing in the Open Meeting Law requires any official finalization, correction, or approval action of minutes by the public body. Since there is no law on the subject it is up to each board to decide whether and how it will deal with corrections, approvals, etc. Many public bodies make it a practice to create a set of minutes labeled "draft" or "unapproved" and subsequently “approve" those minutes, with any corrections, at a subsequent meeting. This is done as an acknowledgement that the body has read the draft minutes and agreed that they accurately reflect what took place at the meeting.

7.    QUORUM

The presence of a majority of the board membership shall constitute a quorum for conducting business. A regular meeting may not be opened without a quorum present. 

A quorum of members must not meet to conduct business without a properly warned agenda. A discussion of topics considered the business of the board is a violation of the Open Meeting Law if a quorum of members is present and an agenda has not been warned for the public to attend. “Business” means the public body’s governmental functions, including any matter over which the public body has supervision, control, jurisdiction, or advisory power. “Conducting” includes corresponding by email, texting, or any other type of communication between members. It is permissible for a majority of members to discuss a meeting schedule, attend a public event or private social event, distribute materials, or meet to discuss any other matters that are not related to business. 

8.    HYBRID MEETINGS AND RECORDING

Hybrid meetings include both a designated physical meeting location and a designated electronic meeting platform that includes access to meet by telephone. All boards of the Town of Essex (advisory and non-advisory) are required to provide in-person and online access to meetings whenever possible and to electronically record their meetings during open sessions. The recording requirement does not apply to gatherings of a public body for purposes of a site inspection or field visit. The Town of Essex does not permit entirely virtual or entirely in-person meetings, unless approved by the Town Manager. Recordings are uploaded to the Town of Essex YouTube Channel by the administrative staff of the Manager’s Office or the Community Development Department. 

If a board member participates in a meeting electronically, they must identify themselves when the meeting is convened and must be able to hear and be heard throughout the meeting. Any vote that is not unanimous that occurs at the meeting where a member is participating remotely must be taken by roll call (1 V.S.A. § 312(a)(2)). 

9.    MISSED RECORDINGS AND TECHNICAL ISSUES

It is important to note that while the Open Meeting Law does not require that the public be guaranteed a method to remotely connect and participate in its meetings, the public will expect to have full access via remote means if a hybrid meeting is warned. Therefore, if remote public access is provided, boards shall attempt to provide remote attendees with the same type of access to their meetings that all in-person attendees are entitled to under the law. This could mean that a meeting may need to be continued to a later date and time if there are technical issues which are attributable to the Town. If a meeting is warned as a hybrid meeting, it must be a hybrid meeting, or it must be rescheduled.

If it is discovered that a meeting was not recorded properly or was missed, it is treated as an inadvertent Open Meeting Law violation for non-advisory boards only. An inadvertent violation must be cured within 14 calendar days after a public body acknowledges an inadvertent violation. An inadvertent violation is cured when the public body either ratifies or declares a meeting was not properly recorded. The public body shall include an agenda item for discussion of the missed recording as a potential inadvertent Open Meeting Law violation. At that point, the public body can acknowledge or refute the violation. If acknowledged they must cure and adopt measures to address the violation at that meeting or another duly warned meeting within 14 days. 

For advisory boards, a missed recording is not an Open Meeting Law violation, but measures shall be taken to avoid future mishaps.

10.    WORK SESSIONS

Work sessions may be requested from time to time by a public body to complete specific policy or budget work, for example. If a quorum exists during a work session, the same laws and protocols of a regular meeting must be followed. 

11.    SUBCOMMITTEES AND WORKING GROUPS

Per Vermont Statute (1 V.S.A. § 310(6)) , official subcommittees of a public body are subject to Vermont’s Open Meeting Law, even when the subcommittee is made up of less than a quorum of the public body. Informal working groups can meet to conduct work provided the group has less than a quorum and any action is taken at a warned meeting of the public body.

12.    REQUESTS FOR ACCESS

All requests for services shall be submitted to the Town’s ADA Coordinator (Karen Adams, Deputy Manager) at least 48 hours prior to a meeting, whenever possible. The Town of Essex may have more difficulty in providing accommodations requested with less than a 48-hour notice. Contact the ADA Coordinator at the Town Offices at 81 Main Street, by email at  manager@essex.org or by phone at (802) 878-1341. 

C.    Administrative Matters

1.    COMMUNICATION WITH THE SELECTBOARD

Official communications from a volunteer board to the Selectboard shall be made by memoranda, including all rationale, for inclusion as Selectboard agenda items. All recommendations seeking funding should include a suggested funding source. 

When a member is presenting at a Selectboard meeting on behalf of their board, the member shall represent the viewpoint of the board as a whole (not a personal opinion), unless a proper qualification is made. This expectation does not preclude members from speaking to the Selectboard as individual residents. Members are expected, however, to specify if they are speaking as a resident or as a member of a board.

All materials to be presented to the Selectboard shall be added to the Selectboard agenda by the staff representative for the board. Staff representatives may use Attachment F (CivicClerk Instructions to Post to Selectboard Agenda) as guidance for uploading documents. Selectboard agenda items are reviewed by the Town Manager prior to final approval for the Selectboard agenda. The Deputy Manager or Town Manager may request additional information prior to approving an item for the Selectboard agenda. To properly prepare documents, the board may want to use Attachment G (Information Collection for Selectboard Requests), as guidance to supply the Town Manager and Selectboard with as many details as possible. 

2.    BOARD DOCUMENTS AND MATERIALS

All documents and materials used for conducting board business are considered public records and as such shall be stored and managed on Town of Essex licensed software and applications by the staff representatives for each board. This includes, but is not limited to, surveys, forms, guidelines, policies, and meeting documents.

3.    EXPENSES AND REIMBURSEMENTS

Expenses incurred by board members must be approved by the Staff Representative in accordance with the Town’s Purchasing Policy prior to when expenditure is made.

Miscellaneous expenses incidental to board business must be documented in detail and submitted to the Staff Representative for payment or reimbursement in accordance with town policies. Note that sufficient notice for advance payments is required.

D.    Annual Expectations

This section details the general expectations of boards throughout a fiscal year, which runs from July 1 to June 30. In addition to a quarterly schedule, boards will conduct other business as needed and may schedule or attend work sessions or public events. 

The schedule is intended as a guideline and specifics may vary depending on the board. For instance, the Selectboard holds its Reorganization Meeting at its first meeting in April. 

1.    JULY – SEPTEMBER (FIRST QUARTER)

a)    Reorganization Meeting

The staff representative opens the first meeting and asks for nominations for Chair. The board holds a vote for any nominations, taking them in the order received. If the first vote is successful, that person becomes Chair.

The Chair then takes over the meeting and asks for nominations of Vice Chair. Once the Vice Chair is elected, the Chair asks for nominations for Clerk. 

The Reorganization meeting should also consider approval or adoption of any operating documents, such as Rules and Regulations for Orderly Operation of Meetings, or Operating Procedures. 

b)    Annual Work Plan

Boards shall set an annual work plan within the first fiscal quarter (July to September). Work plans should be manageable and achievable based on the availability and capacity of the staff representative and the board. In addition to the goals of individual board members, work plans should be informed by the Town Plan, the Selectboard’s annual work plan, statutory obligations, mission statements of the boards, and other relevant plans and reports. See Attachment H (Annual Work Plan Template).

c)    Budget Recommendations

The Town of Essex prepares its operating budget on a fiscal year basis. Boards are encouraged to annually review and comment on department programs and capital projects that may be related to their scope of interest. This evaluation is intended to focus attention on the overall program and service priorities and board objectives and is not intended to be an evaluation of the administration or operation of Town departments. 

Boards may consider making budgetary requests to the Selectboard for the following fiscal year. Staff representatives should relay any budgetary requests to their department head and/or Town Manager by the end of September, depending on the budget schedule for that year. Staff representatives should confirm deadlines for budgetary requests if the board considers submitting a budget recommendation.

2.    OCTOBER – DECEMBER (SECOND QUARTER)

a)    Selectboard check-in

A representative from the board will be invited to attend a Selectboard meeting to check in: e.g., present and discuss the annual work plan, explain any budget requests, ask for any support or direction from the Selectboard, etc. 

3.    JANUARY – MARCH (THIRD QUARTER)

a)    Annual report

The board shall provide a 1- to 2-page summary of the past calendar year’s activities for the annual town report, due in January. 

b)    Town Showcase

The board should plan to have a representative(s) at the annual Town Showcase, held on the evening of the Informational Town Meeting (typically the night before Town Meeting Day). This is an opportunity to connect with and inform residents of the work being done by the board, to ask residents questions that may aid in future decisions, and to recruit new members. 

4.    APRIL – JUNE (FOURTH QUARTER)

a)    Board Breakfast

The Selectboard Chair and Vice Chair will invite the Chair and Vice Chair of each board to a breakfast to discuss ideas, hear about the past year, see what is working well and what could be improved, and more. This is also an opportunity to talk about crossover initiatives with other boards and discover opportunities to collaborate, share, coordinate public outreach plans, and more. 

b)    Expiring terms 

Member seats that are about to expire will be advertised by the Town administrative staff. All candidates, including incumbents, will need to apply to fill the seat for the upcoming term, and will interview with the Selectboard. 

E.    Types of Meetings and General Actions

1.    PUBLIC MEETING (REGULAR MEETING)

In the State of Vermont all meetings of governmental bodies, including Selectboard and all boards, commissions and committees at which decisions are going to be made, are public meetings. Regular meetings are held on a regularly scheduled basis, at a specific time and place, or if held at some other time or some other place, an announcement of the time and place of meeting is given to the public beforehand. At a public meeting, all persons may attend the meeting and observe. There is, however, no right of the public to participate in the course of a public meeting nor to comment on the subject matter being considered by the governmental body. Note that while there is no right for the public to participate during public meetings, Vermont’s Open Meeting Law requires a reasonable opportunity for public comment during meetings. Public comment may be subject to reasonable rules established by the Chair.

Regular public meeting agendas must be posted 48 hours in advance and must be posted in or near the municipal office and in at least two other designated places in the municipality or a neighboring municipality. 

Suggested locations include:

a)    Town Office building (81 Main St., Essex Junction)

b)    Essex Free Library (1 Browns River Rd.)

c)    Public Works Office (5 Jericho Rd.)

d)    U.S. Post Office (22 Essex Way)

e)    The Essex Experience kiosk (21 Essex Way)

2.    PUBLIC HEARING

At a public hearing, as distinguished from a public meeting, any member of the public in attendance who may be affected by the subject matter under consideration, or the decision to be made, has a right to speak and a right to be heard.

The governing public body holding the public hearing may establish rules of procedure for the orderly conduct of the hearing. These rules may include limiting the time allowed for public presentation, so long as they are reasonable and fair in operation. 

Public notice that a public hearing will be held at a certain time and in a certain place must be given before the actual date of the public hearing, even when the public hearing will be held as part of a regular scheduled public meeting. Warning requirements vary depending on the subject of the public hearing. Staff should consult the appropriate resources to determine the requirements. 

The governing public body will not make its actual decision during the course of the public hearing, or public participation phase, but will first close the public hearing and then take up their own decision making as a part of the public meeting, or at some later public meeting, or when permissible, at a deliberative session.

For a public hearing at which there is an applicant or appellant, it is recommended that the applicant/appellant be allowed to speak first without a time limit, unless otherwise agreed upon by the members. Following the presentation by the applicant or appellant, additional speakers should be allowed to speak in a random order, depending upon the number of speakers and the degree of interest in the issue.

3.    SPECIAL MEETING

A board may warn a special meeting when it deems it necessary. A special meeting occurs when a board meets at a time or place outside of its regular meeting schedule. The law imposes different requirements for notices and agendas depending on the type of meeting that is being held. A special meeting requires a posted agenda 24 hours in advance of the meeting. Notices of special meetings shall be posted in or near the Town Clerk’s office and in at least two other locations that are typically used for regular meetings.

4.    EMERGENCY MEETING

Emergency meetings may be held without public announcement, without posting of notices, and without 24-hour notice to members, provided some public notice thereof 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 (1 V.S.A. § 312(c)(3)). 

5.    EXECUTIVE SESSION

An executive session is a closed portion of a public meeting from which the public is excluded and allows a public body to discuss sensitive matters that require discretion. No public body may hold or conclude an executive session from which the public is excluded, except by the affirmative vote of a majority of its members present.  Appropriate topics for executive session are limited and defined in the laws referenced below. A motion to go into the executive session shall indicate the nature of the business and no other matter may be considered while in the executive session. Such vote must be taken during the course of an open meeting and recorded in the minutes. An example of such a motion would be, "I move that the [Board Name] enter into executive session to discuss [specific reason for executive session] pursuant to [relevant state statute or legal authority allowing for the closed session]." No formal or binding action shall be taken in executive session except for actions relating to securing certain real estate options, as described by the law in 1 V.S.A. § 313. If desired, the board may include other members of the public to participate in the executive session such as staff or legal counsel and shall make that clear in the motion. 

The law requires decisions to be made in public. Executive sessions do not need to be warned/noticed separately but shall be listed on the meeting agenda with sufficient details to indicate the nature of the business of the executive session. Executive sessions do not require the taking of minutes.

6.    DELIBERATIVE SESSION

A deliberative session occurs only in conjunction with a quasi-judicial proceeding. These are situations where a public body (such as a selectboard or development review board) is acting like a judge or jury in that it takes evidence or testimony, and then weighs, examines, and discusses the reasons for or against an act or decision based on that evidence. Examples include tax appeal hearings before the board of civil authority; vicious dog hearings and employment termination hearings before the Selectboard; and zoning and subdivision hearings before the Development Review Board. Deliberative sessions are limited to quasi-judicial proceedings and do not apply simply because the public body wants time to deliberate in private. 

The law allows a public body to make a decision in a deliberative session so long as the decision is issued in writing and is a public record. Deliberative sessions do not need to be warned/noticed, do not need an agenda or need to be open to the public, and do not require the taking of minutes.

7.    LEGAL ASSISTANCE

Some boards require the assistance of the Town Attorney. When there is doubt concerning the legality of an issue, the board members or staff representative may request that the Attorney be called upon to advise members as to the legality of the proposed action. Any action should be postponed until the legal opinion is rendered. If necessary, a hearing or matter may need to be tabled or continued until clarification is provided by counsel. 

The staff representative for the board must obtain permission from the Town Manager prior to seeking an opinion from the Town Attorney. The Vermont League of Cities and Towns offers free legal consultation and may be consulted by a staff representative without Town Manager approval. 

F.    Conduct and Other Policies

1.    PUBLIC APPEARANCES OF MEMBERS

When a board member appears in a non-official, non-representative capacity before any public or private body, the member shall speak only as an individual and not as a member of a board. If a question of membership arises, the member shall indicate that they are speaking only as an individual. Representation of official Town policy or proposals, unless otherwise determined, shall be left to members of the Selectboard (via the Chair) or the Town Manager. See Attachment J (Communications Policy) for protocols. 

Board members should be aware if their presence at other meetings could influence outcomes and provide undue influence. 

2.    RESPONSIBILITIES OF MEMBERS

Being appointed as a board member provides an opportunity for genuine public service. Although specific duties of each vary widely with the purpose for which they are formed, there are certain responsibilities that are common to all members. The following is a summary of those responsibilities.

a)    Understand the role and scope of responsibility. Be informed of the individual public body's scope of responsibility and operating procedures.

b)    All public and press communications by board members shall reflect the collective position of the board. Members are discouraged from offering personal opinions on board-related matters; however, if such opinions are offered, they must be expressly identified as individual viewpoints and not those of the board.

c)    Members shall represent the public interest and not special interest groups.

d)    Members are in a unique position of serving as a liaison between the Town and its residents and can help to reconcile contradictory viewpoints and to build a consensus around common goals and objectives. Members serve as a communication link between the community, staff, and Town, presenting Town programs and recommendations and providing a channel for resident expression.

e)    Do your homework and be thorough in recommendations to your board and the Selectboard. View items under consideration prior to the meeting and be fully prepared to discuss, evaluate, and act on all matters scheduled for consideration. Conclusions based on careful preparation will strengthen the value of the board's recommendations.

f)    Supportive relationships with the Selectboard and Town staff are important for the successful operation of any public body. In contacting Town personnel on items of consideration, the proper channel is through the designated Staff Representative providing support to your board.

g)    Establish a good working relationship with fellow board members. Respect individual viewpoints, allow other members time to present their views fully before making comments, be open and honest, welcome new members, and strive to minimize political action on issues.

h)    Selectboard appointments to commissions are made without regard to political party affiliation. Members are not restricted from participating in political activities; however, members shall not use or involve their membership in the conduct of political activities, unless the member is running for office and speaking about their membership on a board.

3.    ATTENDANCE REQUIREMENTS FOR MEMBERS

The Town of Essex charter requires Selectboard members to attend at least half of the meetings in a given year. Members of other boards shall also attend at least half of the meetings in a given year and may choose to adopt stricter attendance requirements. 

4.    APPOINTMENT POLICIES AND PROCEDURES

All appointments and replacements require formal action of the Selectboard, except for any elected boards. 

Vacant positions on board are advertised on the Town's web page and with the Town’s social media outlets for a minimum of 30 days to allow those interested in membership to apply. The Selectboard can waive the 30-day posting requirement. 

Any person desiring to be considered for appointment to any Town board, including incumbent members, shall complete an application form stating the public body on which the person desires to serve. Applications shall be received by the Manager's Office where the originals will be retained and a copy distributed to all members of the Selectboard.

Applicants are invited to a regularly scheduled Selectboard meeting to interview. At the interview applicants can provide a statement to the Selectboard and answer questions concerning their reasons for wanting to participate. This is also an opportunity for applicants to ask questions about serving.

In the interest of furthering efforts for public engagement and inclusivity, and to encourage community members with diverse backgrounds, experience, opinions, and ideas, the Selectboard advertises seats that have expiring terms. All applicants for upcoming expiring seats will be interviewed by the Selectboard. Advertising all openings, rather than automatically reappointing incumbents, provides a higher level of transparency and accountability and invites more members of the community to participate in local government. 

Volunteers who have expiring terms are encouraged to reapply for another term. Volunteers who offer their time to serve on boards, commissions and committees are invaluable to supporting activities and decisions for the entire town. 

5.    REMOVAL OF MEMBERS

Unless ruled by statute, membership policy, or other bona fide operating document (see Attachment A for policies, rules, or guidelines pertaining to each board), board members appointed by the Selectboard may be removed by the Selectboard at its discretion. Grounds for removal may include excessive absences or conduct detrimental to the board’s objectives.

The following steps shall be taken if a board recognizes a problem with a member of its board:

a)    The Chair or Vice-Chair shall seek resolution to the issue.

b)    If unresolved, the matter escalates to the Selectboard by a written notification from the Chair or Vice-Chair on the issue and any recommendations from the board for consideration.

c)    The Selectboard may take action to remove an appointed member, recommend training, offer possible solutions, or take other steps to resolve the matter.

6.    TRAINING

All members of boards representing the Town of Essex are encouraged to create an account on the Vermont League of Cities and Towns (VLCT) website. VLCT has a plethora of resources and information including training webinars, handouts, Q & As, and much more. Enrollment is free and available to members of Town of Essex boards. 

Some boards require training such as Open Meeting Law and Ethics and Conflict of Interest training. Staff Representatives can guide you on mandatory requirements and how to complete them. 

7.    STIPEND PROGRAM

Appointed members of boards, commissions and committees, including Alternates and Essex Representatives to external or regional boards are offered the opportunity to receive a stipend to defer expenses to attend meetings, as are elected members of the Board of Civil Authority who do not also serve on the Selectboard. See Attachment B (Stipend Program and Forms) for more information.

8.    RESIGNATION OR END OF TERM

Members resigning from their position  are asked to submit a notification in writing to the Staff Representative for their board. Notifications are forwarded to the Selectboard. The Selectboard Chair may contact members for an exit interview. 

Staff Representatives are responsible for securing Town of Essex access to buildings, licensed software, etc. by notifying the appropriate department (e.g., removal of Town-assigned email addresses or access to meeting facilities).

Attachments

1. List of Boards, Committees, Commissions
2. Stipend Program and Forms
3. CivicClerk Instructions to Upload or Create an Agenda
4. CivicClerk Instruction to Upload Minutes
5. Hybrid Meeting Tool Kit
6. CivicClerk Instructions to Upload/Create Items to Selectboard Agenda
7. Information Collection for Selectboard Requests
8. Annual Work Plan Template
9. Open Meeting Law FAQs
10. Town of Essex Communications Policy
11. Town of Essex Purchasing Policy