reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 126 - Town of Lyndon › App § 65. Printing the budget and warning for town meeting

§ 65. Printing the budget and warning for town meeting
The proposed budget in its final form and the warning for the annual Town meeting shall be printed and made available to the legal voters of the Town not less than 10 days prior to the meeting. (Added 2023, No. M-14, § 2, eff. July 1, 2023.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 126 - Town of Lyndon › App § 66. Savings clause

§ 66. Savings clause
The failure to perform any of the duties specified in this subchapter, or the failure to perform any of the duties within the time limits specified in this subchapter, shall not invalidate any action taken at a properly warned annual Town meeting. (Added 2023, No. M-14, § 2, eff. July 1, 2023.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 126 - Town of Lyndon › App § 67. Amount to be raised by property taxes

§ 67. Amount to be raised by property taxes
After passage of the budget at the annual Town meeting, the Selectboard shall determine the amount of money to be raised by property taxes. That amount shall constitute the amount of the levy for the purposes of the Town in the corresponding fiscal year, and the Selectboard shall levy the taxes on the grand lists furnished by the listers for the corresponding tax year. (Added 2023, No. M-14, § 2, eff. July 1, 2023.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 126 - Town of Lyndon › App § 68. Borrowing money

§ 68. Borrowing money
(a) The incurring of bonded debt, the issuing of bonds, the making of temporary loans in anticipation of bond sales, and all other matters pertaining to bonded indebtedness shall be controlled by 24 V.S.A. chapter 53 or other applicable State law.
(b) The Selectboard may borrow money for the Town in anticipation of taxes. The total amount so borrowed shall not exceed 90 percent of the taxes assessed for that year, and notes or orders issued for the debt shall mature on or before the end of the fiscal year for which the debt in anticipation of taxes was incurred.
(c) The Town, by vote at an annual or a special meeting, may borrow money under any terms and conditions and for any lawful municipal purposes as the Town shall vote.
(d) In cases of emergency, the Selectboard may appropriate funds or borrow money in the name of the Town. The total amount of money appropriated and borrowed for any emergencies in any year shall not exceed five percent of the amount voted at the annual meeting as the Town budget. Notes or orders for emergency borrowing shall mature not more than one year from the date of issuance and shall not thereafter be renewed unless the Town votes otherwise. Any emergency borrowing or appropriation shall be reported at the next regular or special meeting of the Selectboard.
(e) The Selectboard may borrow funds in anticipation of the receipt of federal or State funds that have been formally approved and committed. The amount so borrowed may be used only for the purpose for which the federal or State funds were approved and committed. The amount so borrowed shall be repaid from the first federal or State funds received for that purpose.
(f) Any appropriations of money in excess of the amount in the Town budget, except as specified in subsection (d) of this section, and all borrowing by the Town except as specified in subsections (b), (c), (d), and (e) of this section, shall be by vote of the Town, upon terms and conditions as the Town shall vote. (Added 2023, No. M-14, § 2, eff. July 1, 2023.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 126 - Town of Lyndon › App § 69. Taxes

§ 69. Taxes
(a) Taxes on real property shall be paid at the times and in the installments, if any, that are voted at the annual Town meeting.
(b) Interest and penalties on unpaid taxes shall be levied in the maximum amounts allowed under State law. (Added 2023, No. M-14, § 2, eff. July 1, 2023.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 126 - Town of Lyndon › App § 70. Investment of Town funds

§ 70. Investment of Town funds
(a) The Town may invest money that has been raised in a current year for the payment of that current year’s operating expenses in the following identified instruments and in no other instruments whatsoever:
(1) obligations of the United States, its agencies, and instrumentalities, and any repurchase agreements whose underlying collateral consists of such obligations;
(2) certificates of deposit and other evidences of deposit at banks, savings institutions, and trust companies approved by the Selectboard;
(3) such municipal bonds or other bonds that are lawful investments for a bank, savings institution, or trust company in Vermont; and
(4) deposits in Vermont chartered banks, national banks, credit unions, and trust companies that are:
(A) located in Vermont;
(B) regulated by the State of Vermont, the Federal Deposit Insurance Corporation, the Federal Reserve Board, or the Office of the Comptroller of the Currency; and
(C) that are fully insured by the Federal Deposit Insurance Corporation or a similar federal insurer.
(b) The Selectboard shall have full power to direct the Town Treasurer to hold, purchase, sell, assign, transfer, and otherwise dispose of any securities and investments and the proceeds of such investments in which any Town funds have been invested. (Added 2023, No. M-14, § 2, eff. July 1, 2023.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 126 - Town of Lyndon › App § 81. Lyndon Electric Department; composition

§ 81. Lyndon Electric Department; composition
(a) There shall be established the Town of Lyndon Electric Department, which shall initially serve the same area as the Village of Lyndonville Electric Department.
(b) The Board of Electric Commissioners shall be composed of three commissioners appointed by the Town of Lyndon Selectboard for terms of three years each. The initial three Commissioners shall be three of the Trustees of the Village of Lyndonville who held the office on July 1, 2023. The terms of the initial three Commissioners shall be one Commissioner for a term of one year, one Commissioner for a term of two years, and one Commissioner for a term of three years. Each year thereafter, the Selectboard shall appoint one Commissioner for a term of three years. All Commissioners shall be residents of the Town of Lyndon.
(c) It shall be the policy of the Town, as implemented by the Selectboard, insofar as possible, to appoint Commissioners with an appropriate background and with an interest in the utilities field, bearing in mind the complexities of those related operations.
(d) Should any Commissioner become unable to serve for any reason, or resign, the Selectboard shall appoint a replacement to serve until the end of that term. The Selectboard may remove a Commissioner if just cause is stated to the member in writing and after a public meeting if the Commissioner requests one. (Added 2023, No. M-14, § 2, eff. July 1, 2023.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 126 - Town of Lyndon › App § 82. Board of electric commissioners; authority

§ 82. Board of electric commissioners; authority
(a) The Lyndon Electric Commissioners shall serve as electric commissioners under 30 V.S.A. §§ 2915 and 2916.
(b) The Board of Electric Commissioners shall have authority to construct, operate, maintain, and remove an electric light plant for the purpose of lighting the streets, walks, and other public grounds; lighting any buildings in those public grounds; and supplying and furnishing electricity for domestic and other purposes to persons and corporations in the service territory of the Village of Lyndonville Electric Department and as the service territory may be amended by the Public Utilities Commission from time to time.
(c) For the purposes described in this section, the Board may take, purchase or acquire, and hold any water, power, land, and rights of way in the service territory needed for the construction, maintenance, and operation of the electric light plant and may use any public highway over which it may be necessary or desirable to pass with the poles and wire of the same, provided the use of the public highway for the purpose of public travel is not thereby unnecessarily impaired.
(d) The Board of Electric Commissioners shall have the power:
(1) to purchase, hire, construct, or otherwise acquire an interest in; maintain; operate; sell; lease; or otherwise dispose of any:
(A) plant located within or outside the State, including a gas plant or system; or
(B) system located within or outside the State, including existing rights of way, poles, lines, towers, and fixtures and transmission lines serving the existing system owned by others; and
(2) for the production, distribution, purchase, or sale of electricity:
(A) to extend, enlarge, or improve a plant or system; and
(B) for that purpose, to purchase, hire, construct, or otherwise acquire any real or personal property.
(e) The powers described in subsection (d) of this section may be exercised through a taking by eminent domain in the manner prescribed by law.
(f) The Board of Electric Commissioners shall also have the power to:
(1) purchase, sell, and otherwise acquire and dispose of electricity and electricity-related products, including sales to and purchases from electric distribution companies and cooperatives, municipal and privately owned, within or outside the State;
(2) make all agreements, conveyances, and regulations necessary or convenient in connection with the purchase, sale, acquisition, or disposal of electricity and electricity-related products; and
(3) consistent with 30 V.S.A. chapter 5, determine the rates and charges for electric service.
(g) All of the powers enumerated in this section are in addition to, and not in substitution for or in limitation of, any other powers conferred by law and are subject to regulatory review for municipal utilities as provided in Title 30 of the Vermont Statutes Annotated. (Added 2023, No. M-14, § 2, eff. July 1, 2023.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 126 - Town of Lyndon › App § 83. Board of Electric Commissioners; duties

§ 83. Board of Electric Commissioners; duties
(a) The Board of Electric Commissioners shall administer its responsibilities in the Town of Lyndon Electric Department. The Town of Lyndon Electric Department shall have its own professional management, staff, plan, equipment, and entirely separate financial accounts.
(b) The personnel policies of the Town of Lyndon Electric Department may differ from the policies of other departments within the Town.
(c) The Town of Lyndon Electric Department shall be directly managed under the Board of Electric Commissioners by a General Manager. The General Manager shall perform any hiring or firing of Town of Lyndon Electric Department personnel. The General Manager shall have the special and immediate care and practical supervision of the Town of Lyndon Electric Department. In performing the General Manager’s duties, the General Manager shall be responsible to the Board of Electric Commissioners.
(d) With approval of the Board of Electric Commissioners, the General Manager of the Town of Lyndon Electric Department shall receive all funds due the Town of Lyndon Electric Department; issue bills for services rendered; have sole responsibility to maintain books of account; and execute and issue on behalf of the Town of Lyndon Electric Department drafts, checks, and other negotiable orders for the payment of bills and charges of the Town of Lyndon Electric Department, provided that any payment shall be made exclusively from the revenue of the Town of Lyndon Electric Department. All such accounting functions of the Town of Lyndon Electric Department shall be subject to the review by the auditors of the Town of Lyndon. (Added 2023, No. M-14, § 2, eff. July 1, 2023.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 126 - Town of Lyndon › App § 84. Electric department; assets, finances, and indebtedness

§ 84. Electric department; assets, finances, and indebtedness
(a) The Town of Lyndon Electric Department shall inherit all of the assets, accounts, and liabilities of the Village of Lyndonville Electric Department, subject to the management of the Board of Electric Commissioners under the general supervision of the Selectboard. The Department shall operate under the statutory authority and requirements of 30 V.S.A. chapter 79, relating to municipal electric plants, and 24 V.S.A. chapter 53, relating to municipal indebtedness, all of which control the financing, improvements, expansion, and disposal of the municipal electric plant and its operations.
(b) With specific reference to the legislative authorization contained in 24 V.S.A. chapter 53, subchapter 2, the Board of Electric Commissioners is permitted to issue either revenue-backed bonds or general obligation bonds, or both, for any capital improvement purpose related to its responsibilities to operate such utilities for the benefit of its ratepayers, provided each issuance of bonds is approved according to law.
(c) The Town of Lyndon Electric Department shall take over for administrative purposes all contractual benefits and obligations inherited by the Town of Lyndon under the Merger Plan as approved by the Town and the Village that involve or apply to its operations as an electric utility without any further act, deed, or instrument being necessary, or the approval of any agency of State government.
(d) Annually, the Town of Lyndon Electric Department shall contribute to the Town of Lyndon in lieu of taxes in the form of either a cash payment or the equivalent in free services and municipal rate benefits in an amount equaling the amount of money that would have been received by the Town of Lyndon in ad valorem real estate taxes were such department a privately owned utility, or both. (Added 2023, No. M-14, § 2, eff. July 1, 2023.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 126 - Town of Lyndon › App § 91. Separability

§ 91. Separability
If any provision of this charter is determined to be invalid, no other provision of this charter shall be affected by that determination. If the particular application of any of the provisions of this charter to any person or set of circumstances is determined to be invalid, the application of the provisions of this charter to other persons or set of circumstances shall not be affected by that determination. (Added 2023, No. M-14, § 2, eff. July 1, 2023.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 126 - Town of Lyndon › App § 92. Continuation in office or employment

§ 92. Continuation in office or employment
Except as may expressly or implicitly be otherwise provided by this charter, at the time this charter takes effect all officers of the Town of Lyndon and all employees of the Town and the former Village of Lyndonville shall continue in such office or employment. (Added 2023, No. M-14, § 2, eff. July 1, 2023.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 126 - Town of Lyndon › App § 93. Pending matters

§ 93. Pending matters
All past, present, and future rights, claims, actions, orders, contracts, and legal or administrative proceedings, now in progress or that arise in the future, choate and inchoate, that involve or affect the Town of Lyndon or the former Village of Lyndonville on July 1, 2023 shall not be affected by the merger of the Town and the Village and shall continue to be maintained and be enforceable by or against the Town of Lyndon. (Added 2023, No. M-14, § 2, eff. July 1, 2023.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 126 - Town of Lyndon › App § 94. Continuation of municipal laws

§ 94. Continuation of municipal laws
All ordinances, resolutions, orders, and regulations of the Town of Lyndon and the former Village of Lyndonville that are in force when this charter becomes fully effective shall remain in full force and effect, excepting only those ordinances, resolutions, orders, and regulations that are inconsistent with this charter. Former Village ordinances shall apply only to those geographical portions of Town that were encompassed by the former Village until the Selectboard amends or repeals those ordinances following the procedures authorized in subchapter 2 of this charter. (Added 2023, No. M-14, § 2, eff. July 1, 2023.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 126 - Town of Lyndon › App § 95. Copies of the charter

§ 95. Copies of the charter
The original copy of this charter shall be kept by the Town Clerk at the Clerk’s office. Two copies of this charter shall be kept at all times at the Cobleigh Library. The charter shall be available for inspection and copying by any member of the public on request during normal business hours. (Added 2023, No. M-14, § 2, eff. July 1, 2023.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 126 - Town of Lyndon › App § 97. Reference to State law

§ 97. Reference to State law
Any reference in this charter to a specific State law or to State law generally shall include the statute as it may be subsequently amended or renumbered and any statute substituted for that statute and having similar subject matter. (Added 2023, No. M-14, § 2, eff. July 1, 2023.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 102. General law; application

§ 102. General law; application
Except when changed, enlarged, or modified by the provisions of this charter, or by any legal regulation or ordinance of the Town of Middlebury, all provisions of the statutes of the State of Vermont relating to municipalities shall apply to the Town of Middlebury.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 103. Powers of the Town

§ 103. Powers of the Town
(a) The Town of Middlebury shall have all the powers granted to towns and municipal corporations by the Constitution and laws of this State and this charter, together with all the implied powers necessary to carry into execution all the powers granted; it may enact ordinances not inconsistent with the Constitution and laws of the State of Vermont or with this charter and impose penalties for violation thereof.
(b) The Town may acquire property within or without its corporate limits for any Town purpose, in fee simple or any lesser interest or estate, by purchase, gift, devise, lease, or condemnation, consistent with the Constitution and laws of the State of Vermont and may sell, lease, mortgage, hold, manage, and control such property as its interest may require consistent with the Constitution and laws of the State.
(c) In this charter, no mention of a particular power shall be construed to be exclusive or to restrict the scope of the powers that the Town would have if the particular power were not mentioned, unless this charter otherwise provides.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 105. Reservation of powers to the Town

§ 105. Reservation of powers to the Town
Nothing in this charter shall be construed to in any way limit the powers and functions conferred on the Town of Middlebury and the Selectboard of said Town by general or special enactments of State statutes or regulations in force or effect or hereafter enacted, and the powers and functions conferred by this charter shall be cumulative and in addition to the provisions of such general or special enactments unless this charter otherwise provides.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 106. Ordinances; penalties for breach thereof

§ 106. Ordinances; penalties for breach thereof
(a) A Town ordinance may provide:
(1) for a fine in an amount not greater than $1,000.00; and
(2) that each week a violation continues shall constitute a separate offense. A violation of a Town ordinance shall be classified as a misdemeanor or a rule violation in the same manner as it would be classified by the general State statutes now or hereafter enacted, and prosecuted accordingly. The Town may maintain an action to enjoin the violation of any ordinance or rule, but the election of the Town to proceed with an application for an injunction shall not prevent a criminal prosecution for the violation of an ordinance.
(b) A municipal court may be established with such jurisdiction, operation, and procedures as may be voted by annual Town meeting.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 107. Ordinances; adoption by Selectboard

§ 107. Ordinances; adoption by Selectboard
(a) If the Selectboard desires to adopt an ordinance, they shall cause it to be entered in the official record kept of their proceedings, and thereafter, they shall adopt it subject to final approval after the public hearing as hereafter set forth. The ordinance shall then be published in a newspaper of general circulation in the Town, together with a notice of the time and place of a public hearing to consider the ordinance for final passage, such publication to be on a day at least one week and not more than two weeks prior to the date of hearing.
(b) At the public hearing or at any time and place to which the hearing may from time to time be adjourned, the ordinance shall be read in full, unless the Selectboard elects to read the ordinance by title; and after such reading, all persons interested shall be given an opportunity to be heard.
(c) After the public hearing, the Selectboard may finally adopt the ordinance, with or without amendment. If they amend the ordinance prior to passage, they shall cause the amended ordinance to be entered in the official record of their proceedings and shall also cause the amended sections of the ordinance, as finally passed, to be published in a newspaper of general circulation in the Town on a day not more than 14 days after adoption.
(d) Every ordinance shall become effective 40 days after adoption, unless the Selectboard specifies a longer period, or, if the ordinance is conditioned on approval by voters of the Town, then upon such voter approval. If within 40 days of adoption, a referendum petition is filed, the ordinance shall not become effective until after the question of repeal is voted.
(e) The Town Clerk shall prepare and keep in the Town Clerk’s office and in all Town libraries a book of ordinances, which shall contain each Town ordinance, together with a complete index of the ordinances according to subject matter. Failure to comply with this provision shall not invalidate any Town ordinance lawfully passed.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 108. Referendum

§ 108. Referendum
(a) All Town ordinances, except as specified in section 110 of this charter, may be repealed by vote of the Town as follows: A petition signed by not less than 10 percent of the registered voters shall be filed with the Town Clerk requesting a vote on the question of repealing the ordinance. The Selectboard shall call a special Town meeting to be held within 60 days of the date of filing the petition, to vote on whether the ordinance shall be repealed. The ordinance shall be repealed only if at least 15 percent of the registered voters vote and a majority of that number vote for repeal.
(b) Within 40 days after passage of an ordinance, five percent of the registered voters shall constitute sufficient signatures for a referendum petition, and all other procedures of subsection (a) of this section shall apply.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 109. Initiative

§ 109. Initiative
Any lawful ordinance may be enacted by vote of the Town as follows: A petition signed by not less than five percent of the registered voters shall be filed with the Town Clerk requesting enactment of the ordinance and accompanied by the text thereof. The Selectboard shall call a special Town meeting to be held within 60 days of the date the petition is filed, unless prior to such meeting, the Selectboard shall have enacted the ordinance. The warning for the meeting shall include the text of the proposed ordinance and shall provide for a “yes” or “no” vote as to its enactment. The ordinance shall be adopted if at least 15 percent of the registered voters vote and a majority of that number vote for adoption. The ordinance shall take effect on the 30th day following adoption.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 110. Nonapplicability to zoning and subdivision

§ 110. Nonapplicability to zoning and subdivision
(a) The provisions of sections 107, 108, and 109 of this charter shall not apply to the enactment, amendment, or repeal of any zoning ordinance or zoning bylaw; any land subdivision ordinance or land subdivision bylaw; nor to the enactment, amendment, or repeal of any municipal plan or comprehensive municipal plan, nor to the enactment, amendment, or repeal of any regional municipal plan or comprehensive regional plan, the enactment, amendment, or repeal of such ordinances, bylaws, and plans being specifically controlled by 24 V.S.A. chapter 117, or by such other State statutes regulating zoning, subdivision, and municipal and regional plans as may be enforced from time to time. The adoption, amendment, or repeal of all other ordinances shall be in conformity with sections 107, 108, and 109 of this charter.
(b) The right of referendum and initiative contained in sections 108 and 109 of this charter shall apply to the amendment or repeal of an ordinance as well as to its enactment.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 302. Elective officers

§ 302. Elective officers
(a) The officers elected by the Town at its annual meeting shall be:
(1) Five Selectboard members.
(2) Town Meeting Moderator.
(3) Five trustees of the Ilsley Library.
(4) Three listers.
(5) Three auditors, unless the Town has voted to eliminate the Office of Auditor pursuant to 17 V.S.A. § 2651b.
(6) Town Clerk.
(7) [Repealed.]
(8) Members of the Prudential Committee of Middlebury Incorporated School District No. 4.
(9) Middlebury members of the Board of Union School District No. 3.
The number of such officers to be elected at each annual meeting shall be as hereafter set forth.
(b) All elected officers shall be chosen from the legally qualified voters of the Town and shall hold office for the terms hereafter specified and until their successors are elected and qualified.
(c) All officers shall be elected by Australian ballot.
(d) When an elected officer specified in subdivisions 302(a)(1) through (7) of this charter resigns, makes another Town his or her residence, dies, or becomes incapacitated, his or her office shall become vacant and the Selectboard shall appoint an eligible person to fill the vacancy until the next annual meeting. The person elected shall at the annual meeting serve until his or her predecessor’s term expires. Incapacity shall include the failure of a Selectboard member to attend 50 percent of the meetings of the Board in any calendar year.
(e) If the Town so votes at its annual meeting, two additional Selectboard members may be elected from the legally qualified voters of the Town for a term of three years each, the first such election to take place at the annual meeting following the annual meeting at which the additional offices are created. A vote so taken in favor of additional Selectboard members shall not be rescinded. (Amended 2015, No. M-12, § 2, eff. May 26, 2015; amended 2023, No. M-6, § 2, eff. May 25, 2023.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 303. Terms of office — Selectboard members

§ 303. Terms of office — Selectboard members
(a) Each Selectboard member shall be elected for a three-year term, except in the first election after this charter is adopted, at which two Selectboard members shall be elected for three-year terms, and one Selectboard member shall be elected for a two-year term. The two incumbent Selectboard members shall serve to the ends of their respective elected terms. After the first election following adoption of this charter, Selectboard members shall be elected for three-year terms as prior terms expire. Additional Selectboard members elected under subsection 302(e) of this charter shall be elected to initial terms that expire at the annual meeting for three-year terms.
(b) All Selectboard members shall be elected at large. The persons with the largest number of votes for offices of equal terms shall be elected to those offices. If there are Selectboard offices with different terms, each candidate shall specify the term for which he or she seeks election.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 304. Other elective officers

§ 304. Other elective officers
(a) The Board of Listers.
(1) The Board of Listers shall consist of three members, to be elected as follows: the first year, one shall be elected for a three-year term; the two incumbent officers shall complete their elected terms. Thereafter, one shall be elected every year for a three-year term.
(2) The Board of Listers shall perform duties established by State law and shall appoint an appraiser who shall be of competent professional background. Such appointment shall be approved by the Selectboard.
(b) The three auditors shall be elected in the same manner as described for the Board of Listers, in subdivision (a)(1) of this section, unless the Town has voted to eliminate the Office of Auditor pursuant to 17 V.S.A. § 2651b.
(1) The elected auditors shall be responsible for establishing and approving an independent municipal audit by a registered or certified public accountant. Such independent audit shall be required at least once a year.
(2) The auditors’ duties shall otherwise be as established in 24 V.S.A. §§ 1681-1691.
(3) Notwithstanding anything to the contrary in 17 V.S.A. § 2651b(c), the Town may vote by ballot at an annual meeting, pursuant to 17 V.S.A. § 2651b(a), to eliminate the Office of Town Auditor. If the Town votes to eliminate the Office of Auditor, the duties formerly carried out by the auditors shall be carried out in accordance with 17 V.S.A. § 2651b(a) and any other applicable statutes.
(c) The Town Meeting Moderator shall be elected annually and shall perform those duties prescribed by the State law.
(d) The Town Clerk shall be elected for a three-year term and shall carry out the duties of town clerk as specified by statute and by this charter.
(e) The trustees of the Ilsley Library shall be elected and shall have such powers as are stated in 22 V.S.A. § 143. The Ilsley Library shall be operated by the trustees in accordance with 22 V.S.A. §§ 141 through 146.
(f) The number of Prudential Committee and School Board members, their terms of office, and the occurrence and filling of vacancies shall be as provided under State statutes or the Charter of Incorporated School District No. 4, whichever is applicable. Each school officer elected at the Town’s annual meeting shall take office at 12:01 a.m. on the day following the annual meeting of the Union School District No. 3 or Incorporated School District No. 4, whichever is applicable. (Amended 2015, No. M-12, § 2, eff. May 26, 2015.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 305. Treasurer

§ 305. Treasurer
(a) The Treasurer shall be appointed by the Selectboard.
(b) The Treasurer shall perform the duties required by State statutes or provided by this charter. He or she shall:
(1) promptly deposit funds coming into his or her hands in such depositories as may be designated by the Selectboard;
(2) invest Town funds coming into his or her hands in the manner designated by the Selectboard;
(3) keep such books and accounts as may be required by the Selectboard;
(4) make reports to the Selectboard monthly or at such other times as they may require showing the State of the Town’s finances; and
(5) perform such other duties with respect to the Town’s finances as the Selectboard may require. (Amended 2023, No. M-6, § 2, eff. May 25, 2023.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 306. Appointed officers

§ 306. Appointed officers
(a) The Selectboard shall appoint any officers required by the Town’s personnel regulations or this charter.
(b) The Town Manager shall function as the personnel officer of the Town.
(c) Within one year after the adoption of this charter, the Selectboard shall adopt a written personnel policy.
(d) The Selectboard shall appoint:
(1) a First Constable, and if needed a Second Constable;
(2) one or more grand jurors;
(3) a Collector of Taxes;
(4) a Town agent;
(5) one or more fence viewers;
(6) a Tree Warden; and
(7) a Town Treasurer.
(e) The Selectboard may appoint:
(1) one or more weighers of coal;
(2) a Poundkeeper;
(3) one or more inspectors of lumber, shingles, and wood. (Amended 2023, No. M-6, § 2, eff. May 25, 2023.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 307. Recall

§ 307. Recall
(a) Any officer elected under subsection 302(a) of this charter may be removed from office as follows:
(1) 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.
(2) 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.
(3) 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 that number vote 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 of the vote for removal, to fill the vacancy until the term of the officer so removed expires.
(c) The votes for removal and to fill the office removed shall be by Australian ballot.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 308. Vacancies and appointments

§ 308. Vacancies and appointments
(a) When the term of any member of the Zoning Board of Adjustment, the Planning Commission, or any other Town board or commission expires, or when the term of any officer appointed under subsections 306(d) and (e) of this charter expires, or when there is a vacancy in any such board, commission, or office, the Town Manager shall cause to be published, in a newspaper of general local circulation, a notice of the vacancy or the expiration of the term.
(b) Any qualified voter of the Town may, within 10 days of the publication, submit his or her name to the Town Manager as an applicant for the vacant or expired office. At the expiration of 10 days from the date of the publication, the names of all persons being considered shall be entered in the Selectboard minutes; the Selectboard shall not fill the vacancy or expired term until after at least seven days from the date the names of the applicants are entered in their minutes.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 501. Powers and duties

§ 501. Powers and duties
(a) The members of the Selectmen shall constitute the legislative body of the Town of Middlebury for all purposes required by statutes, and except as otherwise herein specifically provided, and shall have all powers and authority given to and perform all duties required of town legislative bodies or Selectboards under the Constitution and laws of the State of Vermont.
(b) Within the limitations of the foregoing, the Selectboard shall have the power to:
(1) Appoint and remove the Town Manager and supervise, create, change, and abolish offices, commissions, or departments other than the offices, commissions, or departments established by this charter or by law. The Selectboard may create, supervise, change, and abolish a water commission. The Selectboard may prescribe the duties of all offices, commissions, or departments created by them.
(2) Assign additional duties to officers, commissions, or departments established by this charter, but may not discontinue or assign to any other office, commission, or department duties assigned to a particular office, commission, or department established by this charter or by law.
(3) Appoint members of all boards, commissions, committees, or similar bodies unless specifically provided otherwise by this charter or by law.
(4) Make, amend, and repeal ordinances in compliance with section 107 of this charter.
(5) Inquire into the conduct of any officer, commission, or department and investigate any and all municipal affairs when deemed necessary for the proper and orderly conduct of Town government.
(6) The Selectboard shall submit an annual budget to the voters, to be voted on at Town meeting, in accordance with the provisions of the charter dealing with the budget.
(7) Exercise each and every other power not specifically set forth herein, but that is granted to the Selectboard by the statutes of the State of Vermont.
(8) Attend all meetings of all boards or agencies of the Town, whether executive or public, together with the right to speak at such meetings, but not to vote.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 502. Organization

§ 502. Organization
(a) Forthwith after their election and qualification, the Selectboard shall organize and elect a Chair and Vice Chair by a majority vote of the entire Board.
(b) The Chair of the Board, or in his or her absence, the Vice Chair, shall preside at all meetings of the Board and shall be recognized as the head of the Town government for all ceremonial purposes.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 503. Meetings

§ 503. Meetings
(a) As soon as possible after the election of the Chair and Vice Chair, the Board shall fix the time and place of its regular meetings and such meetings shall be held at least twice a month.
(b) The Board shall determine its own rules and order of business.
(c) If there are five Selectboard members, three shall constitute a quorum. No action of such Board shall be valid or binding unless adopted by the affirmative vote of at least three Selectboard members. If the Board is expanded to seven Selectboard members, four shall constitute a quorum and no action of such Board shall be valid or binding unless adopted by the affirmative vote of at least four Selectboard members. In cases where State law requires a greater fraction of the authorized board for an affirmative vote than as specified above, such provisions of State law shall control.
(d) All meetings of the Board shall be open to the public unless by an affirmative vote of the majority of the members of the entire Board they shall vote a portion of a session to be an executive session. Executive sessions are only for deliberation and all issues shall be voted on at a public meeting of the Board in order to be valid and legal.
(e) The agenda of the Selectboard meetings shall be made available to the public at least 24 hours prior to the meeting and posted in one public place.
(f) Any members of the Board may add items of business to the written agenda upon commencement of the meeting, provided that a majority of the membership of the entire Board vote to add such items of the agenda.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 504. Record of proceedings

§ 504. Record of proceedings
(a) It shall be the duty of the Selectboard to keep an official record of its proceedings that shall be open for public inspection.
(b) The minutes of each meeting shall be approved by the Selectboard. The official copy shall be filed in the Town Clerk’s office and copies in the public library in East Middlebury and the Ilsley Library.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 505. Appointments

§ 505. Appointments
(a) The Selectboard may appoint commissions or committees as needed.
(b) Jurisdiction over other officers and employees. Neither the Selectboard nor any of its members shall direct or request the appointment, by any officer or employee of the Town, of any person to office or employment, or his or her suspension or removal therefrom, or in any manner take part in the appointment, discipline, or removal of subordinates and employees of the Town, except as otherwise provided in this charter. The Selectboard and its members shall deal with that position of the service of the Town for which the Manager is responsible solely through the Town Manager, and neither the Selectboard nor any of its members shall give any orders or request any action by a subordinate in office. This shall not be construed to prohibit the Selectboard from recommending to the Town Manager a prospective employee for his or her consideration and making general complaints to the Town Manager or to department heads.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 506. Compensation

§ 506. Compensation
(a) The auditors shall fix the compensation of the members of the Selectboard, unless the Town has voted to eliminate the Office of Auditor pursuant to 17 V.S.A. § 2651b, in which case the Town may fix the compensation of the members of the Selectboard at an annual meeting. If the Town has voted to eliminate the Office of Auditor and the voters fail to fix the Selectboard’s compensation, the members of the Selectboard shall be compensated at the rate at which they were compensated during the immediately preceding year.
(b) Except as provided in subsections 506(a) and 704(l) of this charter, the Selectboard shall fix the compensation of all elected officers and all officers appointed by them. An elected official may notify the Selectboard in writing, at least 50 days before the annual meeting, that he or she wishes his or her compensation fixed by the Town, and the Selectboard shall insert an article in the warning to that effect. If so warned, the Town may fix the compensation of that elected official for the balance of his or her term of office or for such shorter period as the Town may vote. (Amended 2015, No. M-12, § 2, eff. May 26, 2015.)
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 702. Manager nonpartisan

§ 702. Manager nonpartisan
(a) The Manager shall be chosen solely on the basis of his or her executive, administrative, and professional qualifications.
(b) The 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.
(c) The Manager shall be a resident of the Town of Middlebury, once he or she has been appointed to office. The Selectboard may grant permission for the Manager to live outside the Town should there be sufficient reason.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 703. Oath and bond

§ 703. Oath and bond
Before entering upon his or her duties, the Manager shall be sworn to the faithful performance of his or her duties by the Town Clerk and shall give a bond to the Town in such amount and with such sureties as the Selectboard may require.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 704. Duties of Manager

§ 704. Duties of Manager
(a) The Manager shall be the chief executive officer of the Town and shall carry out the policies established by the Selectboard, to whom the Manager shall be responsible.
(b) The Manager shall attend all meetings of the Selectboard, except when his or her compensation or removal is being considered or the Selectboard allows his or her absence. The Manager shall keep the Selectboard 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 Selectboard, or deemed by him or her to be advisable.
(c) The Manager has the right to attend all meetings of standing committees, boards, and agencies appointed by the Selectboard.
(d) The Manager shall be an ex-officio member of all standing committees, but may not vote.
(e) The Manager shall perform all other duties prescribed by this charter, required by laws of the State, or resolution of the Selectboard.
(f) The Manager shall prepare an annual budget, submit it to the Selectboard, and be responsible for its administration after adoption.
(g) The Manager shall 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.
(h) The Manager shall furnish a monthly financial statement to the Selectboard, with the assistance and cooperation of the Town Treasurer, who shall furnish whatever financial data are necessary to enable the Town Manager to fulfill his or her budgetary and financial responsibilities.
(i) The Manager shall be responsible for the operation of all departments.
(j) The Manager shall be the general purchasing agent for the whole Town.
(k) The Manager shall be responsible for the administration of a system of accounts.
(l) The Manager shall have authority to appoint, fix the salary of, suspend, and remove all employees of the Town appointed by him or her, subject to the provisions of this charter and any personnel regulations as approved by the Selectboard. He or she shall obtain approval from the Selectboard before appointing, removing, or suspending the head of any department.
(m) The Manager may, when advisable or proper, and with the approval of the Selectboard, delegate to subordinate officers and employees of the Town, any duties conferred upon him or her.
(n) The Manager, with the department heads, shall prepare annually for the Selectboard a five-year capital improvement plan.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 706. Removal

§ 706. Removal
The Selectboard may remove the Town Manager by a majority vote of its total membership. At least 30 days before such removal shall become effective, the Selectboard shall by a majority vote of its members adopt a preliminary resolution stating the reason for his or her removal. The Manager may reply in writing and may request a public hearing that shall be held not earlier than 20 days nor later than 30 days after the filing of such request. After such public hearing, if one be requested, and after full consideration, the Board by a majority vote of its members may adopt a final resolution of removal. By the preliminary resolution, the Board may suspend the Manager from duty, but the regular salary of the Manager shall continue to be paid to him or her during the period of suspension. The Manager’s pay will continue up to 30 days and will not be contingent upon whether or not a public hearing is held or when it is held. The Selectboard may appoint a temporary Manager to serve at the pleasure of the Board, for not more than 90 days. The temporary Manager shall have none of the powers of appointment. He or she shall have the power to suspend, but not to remove employees.
2023 Vermont Statutes › Title 24 Appendix - Municipal Charters › Chapter 127 - Town of Middlebury › App § 707. Absence

§ 707. Absence
To perform the Manager’s duties in his or her temporary absence or disability, the Manager may, with the consent of the Board, designate by letter filed with the Town Clerk a qualified person. If the Manager fails to make such designation, the Selectboard may appoint a person to perform the duties of the Manager until he or she shall return or his or her disability shall cease.