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2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 101 - Town of Barre › App § 46. Separability

§ 46. Separability
The sections of this charter and the parts thereof are separable. If any portion of this charter or its application to any person or circumstance shall be held invalid, the remainder thereof or the application of such invalid portions to other persons or circumstances shall not thereby be affected.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 101 - Town of Barre › App § 49. Amendment or repeal

§ 49. Amendment or repeal
No section or provision of this charter may be repealed or amended unless the act making the repeal or amendment refers specifically to this charter and to the sections or provisions so repealed. Any amendment to this charter must be submitted to the voters for their approval and, upon approval, submitted as provided by statutes. Amendments may be placed on the ballot by the Selectboard, a duly authorized Charter Review Commission appointed by the Selectboard, or upon petition filed with the Town Clerk by 10 percent of the voters. The petition must clearly state the amendment and must be filed at least 45 days before any annual or special Town election, but the Town shall not be required to hold a special Town election solely for the purpose of considering a proposed charter amendment. (Amended 2019, No. M-1, § 2, eff. April 19, 2019.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 103 - Town of Bennington › App § 101. General law applies

§ 101. General law applies
(a) All provisions of the Constitution and laws of the State relating to towns and villages shall apply to the Town of Bennington, except as modified by this charter.
(b) The Town of Bennington shall have all the powers and functions conferred upon towns and villages by the Constitution and laws of the State and shall also have all implied powers necessary to implement such powers and functions.
(c) The powers and functions conferred upon the Town of Bennington by this charter shall be in addition to the powers and functions conferred upon the Town by the laws of the State. Nothing in this charter shall be construed as a limitation upon such powers and functions. (Amended 2019, No. M-8, § 1, eff. June 10, 2019.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 103 - Town of Bennington › App § 102. Additional Town powers

§ 102. Additional Town powers
In addition to powers otherwise conferred by law, the Town of Bennington is authorized to adopt, amend, repeal, and enforce ordinances:
(a) relating to collection and removal of garbage, ashes, rubbish, refuse, waste, and scrap by the Town and establishment of rates to be paid to the Town for such service;
(b) relating to construction and alteration of public and private buildings and the use thereof, including establishment of minimum standards for plumbing, heating, and wiring, so as to prevent hazardous and dangerous conditions, fires, and explosions by precautionary regulations and inspection;
(c) relating to the use of firearms in settled areas;
(d) relating to the packaging, marketing, and handling of produce and other foodstuffs;
(e) relating to the prevention of pollution of streams, ponds, and other waterways within the Town.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 103 - Town of Bennington › App § 103. Initiative; advisory votes

§ 103. Initiative; advisory votes
The voters of the Town have the power to petition for a nonbinding advisory vote to reflect public sentiment. Such petition shall be signed by at least five percent of the voters of the Town and shall state that it is advisory only. The Select Board, upon receipt of such a petition, shall place the article on the warning for the next Town meeting or any other Town election.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 103 - Town of Bennington › App § 104. Recall

§ 104. Recall
(a) The voters of the Town may recall any of the elected Town officers listed in subchapter 2 of this charter.
(b) A recall petition, clearly stating cause, signed by at least 30 percent of the legal voters of the Town, and bearing their addresses, shall be filed with the Select Board within 15 calendar days of its issue. The Select Board upon receipt of a valid petition shall, after 60 calendar days, hold a special election, with voting by Australian Ballot, to consider the recall of an elected Town officer. When such a petition is approved by a majority of two-thirds of the ballots cast at such special election, the officer named in the petition shall thereupon cease to hold his or her office, and the office shall be considered vacant until filled by a special election to be held within 60 days.
(c) A recall petition shall not be brought against an individual more than once during his or her term of office.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 103 - Town of Bennington › App § 201. Elective officers

§ 201. Elective officers
(a) The elective officers of the Town shall be seven Select Board members elected from the Town at large at a duly warned annual Town meeting, a Town Clerk, a Treasurer, and a Moderator.
(b) All elective officers shall hold office for a three-year term. The term shall expire the first day of April following the annual Town meeting. (Amended 2003, No. M-7, § 2.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 103 - Town of Bennington › App § 202. Appointive officers

§ 202. Appointive officers
(a) The Select Board members shall annually appoint a Constable and other officers required by law or this charter, including a Board of not less than three nor more than five listers to serve for such terms as the Select Board members decide, but not less than one nor more than five years, such appointments to be made as vacancies occur in the elected Board of Listers.
(b) The Select Board members may create such appointive officers not provided for by this charter or required by law as they deem to be in the best interest of the Town.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 103 - Town of Bennington › App § 203. Compensation

§ 203. Compensation
(a) Compensation paid to the Select Board members shall be set by the voters at Town meeting.
(b) Subject to subsection (a) of this section, the Select Board shall fix the compensation of all elective officers and of all officers appointed by the Select Board.
(c) The Town Manager, under policies approved by the Select Board, shall fix the compensation of all other officers and employees whose compensation is not fixed by the Select Board pursuant to subsection (b) of this section. (Amended 2019, No. M-8, § 1, eff. June 10, 2019.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 103 - Town of Bennington › App § 301. Select Board; the legislative body

§ 301. Select Board; the legislative body
The Select Board shall constitute the legislative body of the Town of Bennington and shall have all powers and authority necessary for the performance of the legislative function. (Amended 2019, No. M-8, § 1, eff. June 10, 2019.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 103 - Town of Bennington › App § 302. Additional powers of Select Board members to adopt ordinances

§ 302. Additional powers of Select Board members to adopt ordinances
In addition to powers otherwise conferred by law, the Select Board members are authorized to adopt, amend, repeal, and enforce ordinances:
(1) regulating the parking and operation of motor vehicles; including, despite any contrary provisions of law, the establishment of speed zones wherein the limit is less than 20 miles per hour, all as may be required by the safety and welfare of the inhabitants of the Town;
(2) relating to regulation, licensing, and prohibition of the storage and accumulation of junk cars, garbage, ashes, rubbish, refuse, waste, and scrap and collection, removal, and disposal of such materials;
(3) relating to registration and regulation of bicycles;
(4) relating to the keeping of dogs, cats, and other domestic animals in settled areas.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 103 - Town of Bennington › App § 303. Further powers of Select Board members

§ 303. Further powers of Select Board members
In addition to powers otherwise conferred by law, the Select Board members shall also have the power to:
(1) organize, and from time to time reorganize, the Fire Department under the supervision of a coordinating committee formed by the Select Board from its members; such Department shall be a volunteer department, unless an affirmative vote of the members of the Fire Department authorizes a transition to a paid or combination paid and volunteer department as set forth in a transition plan proposed by the Select Board working with a committee formed from members of the Fire Department;
(2) continue any existing contract with a volunteer fire department or to enter on behalf of the Town into contracts with other volunteer fire departments to provide additional fire protection to the inhabitants;
(3) create, consolidate, or dissolve departments as necessary or relevant for the performance of municipal services;
(4) create, consolidate, or dissolve commissions and committees as necessary or relevant and appoint the members thereof;
(5) provide on an annual basis an independent audit of all Town financial records by a certified public accountant;
(6) inquire into the conduct of any officer, commission, or department and investigate any and all municipal affairs;
(7) discharge all duties heretofore devolving on the Town Agent by general law and hire attorneys on behalf of the Town; and
(8) establish an adequate number of polling places within the Town as required for the convenience of the Town voters and without regard to election district boundaries, to the end that election expenses may be lessened and confusion among the voters as to the proper place for them to vote may be avoided; however, one such polling place shall be in North Bennington and the central polling place shall be within the boundaries of the former Village of Bennington. (Amended 2019, No. M-8, § 1, eff. June 10, 2019.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 103 - Town of Bennington › App § 304. Organization of Select Board

§ 304. Organization of Select Board
(a) Forthwith after the annual meeting of the town, the Select Board members shall organize and elect a Chair and Vice Chair.
(b) The Chair of the Board, or, in his or her absence, the Vice Chair, shall preside at all meetings of the Board and such presiding officer shall be a voting member of the Board.
(c) When a vacancy occurs on the Select Board, except as provided in section 104 of this charter, the remaining members may fill the vacancy by appointment of a registered voter of the Town, such appointment to be for the period until the next annual meeting, when the voters of the District shall fill the vacancy.
(d) The Board shall fix the time and place of its regular meetings to be held at least twice a month.
(e) The presence of four members shall constitute a quorum.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 103 - Town of Bennington › App § 402. Town Manager nonpartisan

§ 402. Town Manager nonpartisan
(a) The Town Manager shall be chosen solely on the basis of his or her executive, administrative, and professional qualifications.
(b) The Town Manager shall not take part in the organization or direction of a political party, serve as a member of a party committee, nor be a candidate for election to any public office. (Amended 2019, No. M-8, § 1, eff. June 10, 2019.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 103 - Town of Bennington › App § 403. Oath and bond

§ 403. Oath and bond
Before entering upon his or her duties, the Town Manager shall be sworn to the faithful performance of his or her duties by the Town Clerk and shall be bonded in such amount and with such sureties as the Select Board may require. (Amended 2019, No. M-8, § 1, eff. June 10, 2019.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 103 - Town of Bennington › App § 404. Duties for Manager

§ 404. Duties for Manager
(a) The Town Manager shall be the Chief Executive Officer of the Town and shall:
(1) Carry out the policies established by the Select Board, to whom the Town Manager shall be accountable.
(2) Attend all meetings of the Select Board, except when his or her compensation or removal is being considered, shall keep the Select Board informed of the financial condition and future needs of the Town, and shall make such other reports as may be required by law, requested by the Select Board, or deemed by him or her to be advisable.
(3) Perform all other duties prescribed by this charter or required by law or by resolution of the Select Board.
(4) Be an ex-officio member of all standing committees except the Development Review Board, and shall not vote.
(5) Prepare an annual budget, submit it to the Select Board, and be responsible for its administration after adoption.
(6) Compile for general distribution at the end of each fiscal year a complete report on the finances and administrative activities of the Town for the year.
(7) Provide to the Select Board a monthly financial statement, with a copy to the Town Treasurer.
(8) Perform all duties now conferred by law on the Road Commissioner within all areas of the Town, except within such villages as may vote not to surrender their charters under this charter, notwithstanding the provisions of 24 V.S.A. § 1236(5).
(9) Perform all duties now conferred by law on the Collector of Delinquent Taxes.
(10) Under policies approved by the Select Board, be the General Purchasing Agent of the Town and purchase all equipment and supplies and contract for services for every department pursuant to the purchasing and bid policies approved by the Select Board.
(11) Be responsible for the system of accounts.
(12) Be responsible for the operation of all departments, including the Police and Fire Departments.
(13) Under policies approved by the Select Board, have exclusive authority to appoint, fix the salaries of, suspend, and remove all officers and employees except those who are elected or who are appointed by the Select Board. When the Town Manager position is vacant, this authority shall be exercised by the Select Board.
(b) The Town Manager may, when advisable or proper, delegate to subordinate officers and employees of the Town any duties conferred upon him or her. (Amended 2019, No. M-8, § 1, eff. June 10, 2019.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 103 - Town of Bennington › App § 406. Removal

§ 406. Removal
(a) On 90 days’ written notice from the Select Board, the Town Manager may be removed without cause by a majority of the Select Board at a meeting called for the purpose of voting on removal. During the 90-day period, the Town Manager may be suspended with pay.
(b) The Select Board may adopt at any time a resolution stating its intention to remove the Town Manager and the reasons therefore, a copy of which shall be sent to the Town Manager. The Town Manager may, within 10 days after such notice is sent, request a hearing. The hearing shall be held by the Select Board not less than 10 days nor more than 20 days from the date of such request, after which the Select Board may dismiss the Town Manager. If no request for a hearing is filed in accordance with the foregoing, the Select Board may dismiss the Town Manager immediately. During the period after the resolution of intention is adopted and until the Town Manager’s dismissal, he or she may be suspended with pay. (Amended 2019, No. M-8, § 1, eff. June 10, 2019.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 103 - Town of Bennington › App § 502. Discounts elimination

§ 502. Discounts elimination
At such time as the discounts given on the tax rate to those who do not have water or sewer provided by or available from the Town may be eliminated, all costs of operation, and previously incurred debt, shall be paid from funds established for those purposes and funded by user fees, as may be established from time to time, by the Select Board, and applied against users of water and sewer services only.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 103 - Town of Bennington › App § 503. Fair market value of real estate

§ 503. Fair market value of real estate
(a) In the event that the fair market value of real estate is materially changed because of total or partial destruction of or damage to the property, or because of alterations, additions, or other capital improvements, the taxpayer may appeal as provide by law.
(b) When the fair market value of real estate is finally determined by appeal to the Board of Listers or to the Board of Civil Authority, then the value so fixed shall be the fair market value of such real estate for the year in which the appeal is taken.
(c) When the fair market value of real estate is finally determined by the Director of Property Valuation and Review (PVR) or by a court having jurisdiction, then the value so fixed shall be the fair market value of such real estate for the year for which such appeal is taken and for the ensuing two years, unless the taxpayer’s property is altered materially, is damaged, or if the Town in which it is located has undergone a complete revaluation of all taxable real estate, in the event of which, such fair market value may be changed. (Amended 2019, No. M-8, § 1, eff. June 10, 2019.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 103 - Town of Bennington › App § 504. Special assessments

§ 504. Special assessments
Despite any contrary provision in general law, the Select Board may in its sole discretion make a special assessment upon real estate for the installation or construction of a public improvement, such special assessment to be such proportion of the total cost of such improvement as the benefit to a parcel of real estate bears to the total benefit resulting to the public in general. (Amended 2019, No. M-8, § 1, eff. June 10, 2019.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 103 - Town of Bennington › App § 505. Tax within Bennington Rural Fire District No. 1

§ 505. Tax within Bennington Rural Fire District No. 1
(a) The tax assessed by the Town on the grand list shall be reduced with respect to real estate in the Bennington Rural Fire District No. 1. This reduction shall be in direct proportion to the amount of the tax assessed by the Town that is used by the Town to provide fire protection services to property not included in the Bennington Rural Fire District No. 1.
(b) The purpose of this section is to make substantially uniform the taxes assessed throughout the Town for fire protection furnished by all fire departments in the Town. This tax reduction shall remain in effect until such time as the Bennington Rural Fire District No. 1 dissolves itself or merges with the Town of Bennington, in accordance with the charter of the Town of Bennington. (Amended 2019, No. M-8, § 1, eff. June 10, 2019.)