Code of Vermont Rules › Agency 11 - AGENCY OF COMMERCE AND COMMUNITY DEVELOPMENT › Sub-Agency 030 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter 004 - RULES OF THE COUNCIL OF REGIONAL COMMISSIONS › Section 11 030 004 - RULES OF THE COUNCIL OF REGIONAL COMMISSIONS

Current through June, 2024
Rule No.1 Description of the Council of
			 Regional Commissions
1.1 Statutory
			 Authorization
The Council of Regional Commissions (hereinafter referred to as
				"the Council") was established by Act 200 of the adjourned session of the 1987
				General Assembly of the State of Vermont.
				24 V.S.A. section
				4305.
1.2 Membership of the Council of Regional
			 Commissions
(a) Each regional planning
			 commission established under
			 24 V.S.A.
			 section 4341 shall appoint one representative
			 to the Council, or fill a vacancy, from among its members who represent
			 municipalities.
(b) The Council
			 shall further be composed of three heads of state agencies or departments
			 appointed by the governor.
(c) Two
			 additional members representing the public shall be appointed by the governor.
			 24 V.S.A. section
			 4305(a).
1.3 Administrative Support
The Council shall receive administrative support from the
				Department of Housing and Community Affairs.
				24 V.S.A. section
				4305(g).
1.4 Responsibilities of the Council
The Council has the following responsibilities:
(a) upon request, to provide an impartial
			 mediator to help resolve disagreements between and among municipalities and
			 regional planning commissions, and between and among regional planning
			 commissions and affected state agencies, with respect to the compatibility of
			 their plans with each other, and related matters;
(b) to review and comment upon proposed
			 regional plans and amendments;
(c)
			 at the request of a municipality, to review a proposed regional plan or
			 amendment for compatibility with an approved municipal plan;
(d) to review and comment upon a proposed
			 plan or amendment, and to prepare a written evaluation of an adopted plan or
			 amendment, of an affected state agency;
(e) at the request of a municipality with an
			 approved plan, to review a proposed plan or amendment of an affected state
			 agency for compatibility with the approved municipal plan;
(f) at the request of a person who has
			 standing, to formally review the sufficiency of an adopted regional
			 plan;
(g) at the request of a
			 person who has standing, to formally review regional planning commission
			 decisions with respect to the confirmation of municipal planning efforts, and
			 the approval or disapproval of municipal plans or amendments.
			 24 V.S.A. sections
			 4305(b)-(e).
1.5 Code of Conduct
(a) A member of the Council has an
			 affirmative obligation to conduct the affairs of his or her office, whether as
			 a member of the Council or as a member of a Regional Review Panel, in such a
			 manner as to instill public trust and confidence. Thus, a member of the Council
			 shall take all reasonable steps to avoid any action or circumstance, whether or
			 not specifically prohibited by this rule, which might result in, or create the
			 appearance of:
(1) undermining his or her
			 independence or impartiality of action;
(2) taking official action on the basis of
			 unfair considerations, unrelated to the merits of the matter;
(3) giving preferential treatment to any
			 private interest, or interest of any affected state agency or regional planning
			 commission which the Council member represents, on the basis of unfair
			 considerations, unrelated to the merits of the matter;
(4) using the office of a member of the
			 Council for the advancement of personal interest or the interest of the
			 affected state agency or the regional planning commission which the member
			 represents;
(5) using the office of
			 member of the Council to secure special privileges or exemptions; or
(6) affecting adversely the confidence of the
			 public in the integrity of the Council.
(b) A member of the Council shall not take
			 any official action in any particular matter in which he or she has a conflict
			 of interest or in which there is an appearance of a conflict of interest that,
			 in that member's view, will undermine public confidence.
(c) A member of the Council shall not take
			 any official action that advances the interests of an entity with which he or
			 she is actively seeking employment or has a significant financial
			 relationship.
(d) A member of the
			 Council shall not disclose to any entity any confidential or privileged
			 information for the purpose of advancing his or her, or anyone else's,
			 pecuniary interest.
(e) A member of
			 the Council shall not solicit or receive any payment, gift, or favor based on
			 any understanding that it would influence any official action.
(f) A member of the Council shall not use or
			 permit the use of State property unless reasonably related to his or her
			 official responsibilities.
(g) A
			 Council member who is a representative of a regional planning commission is
			 prohibited by
			 24 V.S.A. section
			 4305(e) from participating
			 in certain formal reviews as a member of a Regional Review Panel. Based on the
			 same rationale, a Council member who is a representative of a regional planning
			 comission shall not review the proposed plans or amendments of the regional
			 planning commission which he or she represents, and a Council member who is a
			 state agency or department head shall not review the proposed or adopted plans
			 or amendments of the agency, or the agency which includes the department, which
			 he or she administers.
(h) Any
			 Council member and any participant in a mediation or party to a review or
			 formal review may raise with the Council the issue of whether a Council member
			 should be excused from participating in a matter before the Council because of
			 a potential violation of this Rule 1.5.
(i) The Council may by majority vote
			 determine that a Council member is ineligible to participate in a matter before
			 the Council because of a violation of this Rule 1.5.
1.6 Officers
(a) The Council shall elect annually by
			 majority vote a chairperson and vice-chairperson from among its members.
			 24 V.S.A. section
			 4305(a).
(b) The chairperson shall preside over all
			 meetings of the Council and shall be authorized to sign documents with the
			 approval and on behalf of the Council.
(c) The vice-chairperson shall assume the
			 duties and responsibilites of the chairperson in the event of the chairperson's
			 absence.
(d) In the event of the
			 absence of both the chairperson and vice-chairperson, any member may be elected
			 by a majority of those present to preside over that particular meeting and
			 shall be authorized to sign documents with the approval and on behalf of the
			 Council.
(e) The Council shall
			 elect such further officers to perform such duties as it shall decide from time
			 to time.
1.7 Per Diem
			 and Expenses
Council members who are not state officials shall receive per
				diem compensation according to
				32 V.S.A. section
				1010, and reimbursement for necessary and
				actual expenses when away from home or office upon their official duties.
				24 V.S.A. section
				4305(a).
1.8 Retiring Council Members
A Council member who has participated in all or a substantial
				portion of a mediation, a review, or a formal review, and who completes his or
				her term before the matter has been concluded, may remain a member of the
				Council and Panel, if applicable, for the purpose of completing the mediation,
				review or formal review.
				3 V.S.A. section
				849.