STATE OF VERMONT
OFFICE OF THE SECRETARY OF
STATE
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(previous monthly messages: 1999 and
2000
2001)
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| September | October | November | December |
| 1999 Messages | |||
| February | March | April | May |
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| October | November | December | |
February 1999
Welcome to the first issue of Opinions. It is my hope that Opinions will provide helpful, timely and practical advice and information about the rules that govern our local governments and its officials. Each month, Opinions will print answers to many of the questions that have been addressed by our office during the previous month. In addition, Opinions will include an essay by attorney Paul Gillies, which will discuss seasonal issues -- from preparing for town meeting to purging the checklist -- to maintenance of the highways. Finally, Opinions will include a zoning page and a calendar for the month.
If you have any suggestions about ways in which we can improve this publication, please let the editor, Martha Trombley, or me know. This coming month I will be forming a clerk's advisory committee to the Secretary to ensure that as we develop new programs, and as we are called upon to comment on pending legislation, that the Secretary of State's Office has regular input from Town Clerks from around the state.
I am also forming a Task Force to look at ethics in local government. If you are interested in serving on either of these committees please let me know by calling (802) 828-2148, or e-mailing me at dmarko@sec.state.vt.us.
Finally, please note that we will again be mailing multiple copies of the Opinions to your town. We will automatically send a copy to the Clerk and to the Selectboard. If you need additional copies for your town, please return the subscription notice found inside or e-mail tnguyen@sec.state.vt.us. Opinions will also be available on our web page at www.sec.state.vt.us. Enjoy!
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March 1999
Our phones have been ringing off the hook with people preparing for Town Meeting. The questions mostly relate to warnings and notices and decisions about where to hold the voting - the many technical issues that govern our town meetings. But town meeting is more than just Roberts Rule of Order and technicalities. It is the moment when the people of our towns gather to visit and argue (and eat) and make some important decisions about the town. How to spend money - on a new defibrillator for the rescue squad - for new playground equipment for the park - or for renovating a town building. We decide whether we want to give our local officials our votes of confidence and install them for a new term or to give someone new a chance to serve the town.
Vermont's tradition of participatory democracy is not just about Town Meeting day. In fact, the backbone of that democratic tradition is the many individuals who do the work of local government. Town meeting gives us an opportunity to say goodbye to some old friends, and to welcome new friends into the fold of local service.
To those local officials who will not be returning to office after March 2nd we wish to say, on behalf of the people of Vermont, "thank you for your service to the town." We know that serving in local office can be challenging as well as rewarding. We know that many of you have devoted countless hours and personal resources for the public good. Most importantly, we know that our communities could not function without the service and commitment of its public officials.
To those of you who are newly elected this month, and to those of you who are veteran officials back to serve yet another term, we wish to welcome you. As you are called upon to do your jobs please know that we are here to be of assistance. We can answer your questions and direct you to other resources that might be helpful to you and your towns.
Here at the Secretary of State's Office we have assembled a great team to work with the municipalities in Vermont. We have two attorneys available to answer your questions - myself and Deputy Secretary of State, David Grayck. We both have experience in a wide range of municipal and administrative law issues. In addition, Ellen Tofferi, our Director of Elections, is available to answer your questions about all aspects of preparing for and conducting elections, and Leslie Hight, Ellen's assistant is also available to answer your election calls. So call us at 1-800-439-8683!
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April 1999
I can tell that spring will be here soon. It is not just the rutted roads or the first sightings of robins or the fact that I can finally see patches of brown popping out between the piles of snow that fill the woods outside my window. I can tell that spring is coming because our phones have been ringing with questions about open meeting law. Many of these calls come from newly elected board members. Others come from the press or from more seasoned local officials who use the fact that there is a newly constituted board as an excuse to get a refresher. Most of the calls come because doing things in public is not the way most of us are used to conducting our business. And as anyone can tell you who has seen their name in the papers after a particularly controversial decision -- there is bound to be tension between efficiency and openness.
New board members are always surprised at how it feels to do things as unguardedly as the open meeting law requires. Even members of the public are sometimes amazed at how much of government is open and available to them. But we know in Vermont that good government is open government. Openness generates trust and fidelity to law. It gives people direct access to decision-making and provides a civil forum for public criticism and appreciation of the hard work of governance. (Although most of us may wish for a bit less of the former, and more of the latter.) It results in better decisions for the community.
The open meeting law is not a simple law - although its premise is very basic. Meetings of a public body must be held in the open, with opportunity for public participation. To make it easier for boards to understand and follow the requirements of the law, we have just completed a new publication "The Pocket Guide to Open Meeting Law." This publication will shortly be available on our web page and will be sent to the town clerk and to the chairs of the selectboard and school board of every town. Additional copies will be available upon request. It is our hope that this guide will be a comprehensive and easy to use resource for your community. Meanwhile, please remember that we are here to be of assistance to you. So call Deputy Secretary, David Grayck, Elections Director, Ellen Tofferi or myself at 1-800-439-8683!
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May 1999
Last month I was honored to be the keynote speaker at the 54th annual Town Officer Educational Conferences sponsored by the UVM Extension Service. It is hard to describe the excitement I felt talking with local officials from around the state, hearing your stories, your concerns and receiving your advice and encouragement. I thank you for that. I was also struck with admiration by the level of commitment that so many of you have to your communities -- your willingness to work hard, despite confusing laws, limited resources and the great demands of your constituents.
The people of Vermont should be proud of the many local officials who so generously share their time, skills and experience to help make our communities a better place. At the Town Officers' Conference we spoke a lot about local control. In Vermont, local governments are creatures of the state - with only the authority to act and respond to local problems that have been delegated to it by the state (this is called "Dillions Rule"). Problems arise because the legislature enacts laws for all towns and cities. But in Townshend or Corinth or Franklin, there are unique problems that don't fit into the statutory framework - and with no local authority to address them we can get awfully frustrated.
Despite the challenge of lack of legal authority, Vermont communities have displayed an extraordinary ability to resolve their own problems. This is a daily reminder of the preemptive power of local control. Perhaps local control exists at the despite lack of legal authority because, in many ways, the law doesn't solve the problems of local government: problems of personality conflict, problems of allocating limited resources, of deciding what constitutes right and wrong. Clearer laws, better laws can help, but while this is a nation and state of laws, experience is the life of the law, and how officers do their jobs is often as important as what they do.
Educational programs like the Town Officers Educational Conferences are important in that they bring us together to learn about the laws that govern our actions. Perhaps even more importantly, however, the TOECs and similar programs also allow us to share practical ideas about how to make local government work. They remind us of the principles of fairness and justice that govern what we do - whether legally required - or just right. It reminds me of the words of comedian Richard Pryor - "justice is just us!"
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June 1999
There is an old saying that sausages and laws are the two things one should never watch being made. This past winter I had my first extended tour of the sausage factory here in Montpelier. I found some days easier than others. Mostly, I used this session as an opportunity to watch and learn, and, with all respect, we watched the legislature wrap up for the year with some sense of relief.
During the session, Deputy David Grayck and I became frequent visitors to the House Local Government Committee and the Senate Committee on Government Operations, as we were called to testify on a variety of proposed legislation. We testified or provided opinions on same day voter registration, kids in the voting booth and absentee balloting (none of which passed into law,) and on changes to the Bianchi law, changes to exit checklist requirements, and changes to water commissioner requirements (all of which did pass into law.)
Perhaps our most important achievement this session was to convince the House and Senate Appropriation Committees to give us an additional position for our elections division. This means that, in July, we will be able to hire an election administrator. This person will join our current staff, Leslie Hight and Trish Roleau, and a new Director of Elections (who we are currently in the process of hiring.) We plan to start early to prepare for the next legislative session. Over this summer we will be convening a study committee to look at Vermont's election law to see where it is in need of updating and streamlining. If any of you wish to be a part of that committee, or have thoughts about particular election laws that no longer serve their original purpose, please let me know.
Also, as part of the new Bianchi legislation we will be convening a committee to study to look at the issues and costs involved with recording land use permits, and to suggest a simplified and standardized process. As always your input is appreciated!
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July 1999
All of us who have lost loved ones know how much they live on through memories, and through the work and the spirit of their family and friends. This past month we lost two very hard working local officials - long serving Town Clerk of Bennington, Mary Hodeck and selectboard member and planning commissioner of Shelburne, Evan (Van) Archer. Their passings are a great loss to their communities and to the state of Vermont. Mary, the longest serving town clerk in the state of Vermont, served as Bennington Town Clerk for 50 years. Adding in the many years spent as Assistant Town Clerk, Mary's total service to the town was for more than 70 years! In addition to her work as clerk, she took a special interest in the employees of the town. She was known for her willingness to go the extra mile to help someone - spending weekends doing genealogy research for residents or providing a marriage license in the evenings or on the weekends. On top of this, Mary was also an active participant in many civic and community organizations in Bennington.
Van, a lawyer and former executive vice president of the trust departments of the Howard Bank in Bennington, and later, the Green Mountain Bank in Rutland, was dedicated to his community. He served on the selectboard for three terms and then served on the planning commission for many years. He was president of the Rotary and served on numerous community boards, including the District Environmental Commission and the Lake Champlain Land Trust. He was also a trustee for Champlain College and for the Mental Health Services of Chittenden County.
In towns across Vermont there are hardworking, committed local officials, like Mary and Van, who have dedicated a significant part of their lives to making their part of the world a better place. We know that these are the unsung heroes of Vermont - and we need to remember to take a moment every now and again to honor them. As it is important to honor those who have passed away, we need to keep their spirits alive through our continued commitment to our communities and to the state of Vermont.
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August 1999
Every once in awhile we are asked about how the Secretary of State's office began to publish opinions on issues of local government law.
Opinions began as a formal publication in 1981 by then Secretary of State Jim Douglas, and his deputy Paul Gillies. The belief then was that by publishing questions and answers from the previous month, it would let people know what was going on in local government around the state, and would help officials learn from the experiences of others. They also hoped that this information would eliminate some of the telephone calls that can - and sometimes still do - consume this office.
I can tell by the number of calls and cards we have received in response to our re-institution of Opinions that local officials and citizens continue to value learning about the ever-changing landscape of local government law and practice. Perhaps it is because, when we see our own town's challenges reflected in the stories of other communities, we feel less alone in our work.
Though I hope our Opinions are interesting to read and sometimes help you solve a problem or avoid a mistake, they are not rulings that are binding on towns or citizens like a decision of the court. Rather, when we issue opinions they are just that - our opinions. We have no power to force citizens or officials to do the right thing - to treat each other civilly - to follow the law. Rather, through our opinions, Deputy Secretary David Grayck, the new Director of Elections Kathy Scheele DeWolfe, and I share with you what we believe the law requires based on our best legal judgement and from our many years of observing Vermont's local governments and following the decisions of our courts.
The thoughts expressed in our opinions also reflect our philosophy of openness and fairness in government and in the inherent value of local control. Whenever there is a question about what the law says or what is required of an official, our advice is conservative. We try to keep you out of trouble by counseling prudence over risk-taking, openness over secrecy and due process over bureaucratic expediency. The citizen volunteers who run our local governments in Vermont deserve all the support we can give them. It is my hope that Opinions offers them that support and in doing so, helps to strengthen our town governments.
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September 1999
In local government we often speak about the importance of local control. The premise of local control is that because Vermont is made up of a diverse patchwork of communities, one-size-fits-all solutions from the state will not work as well as allowing our cities and towns to develop their own responses to local problems. Indeed, over the years our legislature has given us local control over many issues - from animal control to zoning.
However, one important area in which our communities have not yet been given local control is ethics. This past month, the Secretary of State's Ethics Task Force released its final report. The task force, chaired by Paul Gillies, and made up of local officials and representatives from Common Cause and VLCT identified the ethical dilemmas faced by Vermont's local officials, and proposed a blueprint for local control of ethics.
Right now, a town that wishes to adopt a binding ethics policy must get legislative approval through a charter change or special legislation. The Task Force report recommended that towns be given the authority to adopt binding ethics policies either through the selectboard or by petition of the voters. In addition, the task force felt that the town should be able to appoint or elect alternatives to serve when an official steps down because of a conflict of interest - to ensure that the public business will not suffer.
Finally, the report recommended that all local officials be required to take an oath of office. At a time when we are seeing a declining interest in holding local office and an increase in public personal attacks on our officials, local control of ethics is more important than ever. I want to hear your thoughts on these proposals. If you are interested in receiving a copy of the report please call Bob at 1-802-828-2363 or check our web site at http://www.sec.state.vt.us/MunicipalInfo/ethicsreport.htm.
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October 1999
"Far and away the best prize that life offers is the chance to work hard at work worth doing." - Theodore Roosevelt, 1903 When Teddy Roosevelt included these words in his speech at the State Fair in Syracuse, New York almost a century ago he could have been speaking of Vermont's many hardworking local officials.
Our municipal officials devote their free time to everything from hearing zoning disputes and writing land use plans to assessing the value of property in the town and collecting delinquent taxes. They serve for the chance to "work hard at work worth doing." Without them, our communities would not function and our system of self government would come to a standstill.
This past month the Secretary of State's Office launched a program called the Vermont Public Service Awards. The Vermont Public Service Awards program is designed to honor elected and appointed local officials who have provided their communities with 20 or more years of service. In addition to recognizing our long serving local officials, it is our hope that by highlighting the vital role our public servants play in our towns, we can encourage others to serve.
Over the course of the year we will be going to each county in Vermont to hold a ceremony and to present certificates of recognition to the qualifying local officials. We held our first awards ceremony in Derby to honor the long serving officials of Orleans County. Thanks to the assistance of the town clerks in Orleans County we identified 100 honorees and had over 200 people in attendance at the ceremony!
This month we will be holding award ceremonies in Franklin and Grand Isle Counties. In November we will be in Rutland County. For more information, or to let us know of a local official who should be recognized in your town, please contact our office at 1-800-439-8683. Honoring the efforts of Vermont's local officials is an important step toward building stronger communities. Let's all extend our gratitude for the hard work our local officials do to make our communities and the state of Vermont a better place!
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November 1999
There is a lot happening at the Secretary of State's office these days. With the help of the Secretary's Town Clerk Advisory Committee, Deputy Secretary David Grayck and the talented and supportive staff here at the office, we are working hard to make your lives a bit easier.
In the next month some new publications will be in the mail to every town office in Vermont. The "Handbook on Property Tax Appeals" is a joint project with the Vermont Department of Taxes. It is designed to assist listers, the board of civil authority and taxpayers in understanding the property tax appeal process. A second publication, "The Law of Libraries" came about as a result of a task force that met to look at the questions that sometimes arise between town government and the public libraries that serve them. Finally, we will be sending to town offices a pamphlet entitled, "Getting on the Ballot: A Practical Guide for Social Service Agencies."
Every winter this office gets questions from Vermont's social service agencies about what they need to do to get a request for an appropriation on town meeting warnings in the communities they serve. From the nature of the inquiries we could see that there is a lot of confusion about what is required to get on the local ballot. This short pamphlet is designed to clear up some of those questions. Those of you on the Internet should be aware of some additional resources available to you through our web site, http://www.sec.state.vt.us. These include copies of all of our publications and all committee reports.
In addition, with the help of the Vermont League of Cities and Towns we are happy to make available an on-line "Municipal Index to Laws." This on-line resource is a searchable index to the municipal laws of Vermont with the statutory citations linked to Vermont Statutes on-line for easy access to the law. We expect to have available in the next year a similar word search option for our Opinions newsletter.
Also coming soon is an on-line resource on Vermont's public records law, linking the statute with a digest of relevant case law. Information will also be provided on the evolving law of open records requirements in the digital information age.
Finally, our Municipal Web site links our page to yours. In fact, we offer temporary hosting of municipal web sites to encourage towns to begin to develop a presence on the World Wide Web. If your town has a web page that does not already appear on our list, please be sure to let us know so that we can add your link.
We will continue to be busy in the coming months, working on new projects that include "Rules on Schools - A Guide for School Boards," a joint project with the School Board's Association, as well as a revised "Laying out the Public Right of Way" publication and a "Pocket Guide to Vermont's Public Record Laws." If there are additional publications or services you believe would be helpful, please let me know.
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December 1999
This is the season of giving thanks for the things we too often take for granted in our daily lives. In my life there is a great deal to give thanks for: a healthy and loving family, good friends, bright, energetic and committed staff, and, all of you who make serving as your Secretary of State the pleasure that it is.
While we have done and accomplished much this year -- re-instituting the Opinions newsletter, starting the Vermont Public Service Awards program, publishing a number of handbooks and pamphlets, creating a Task Force on Ethics, to name just a few -- what I understand now more clearly than ever is that this office works, and indeed, Vermont works because of its people.
None of our accomplishments would have been possible without the assistance and support of the Staff here at the Secretary of State's Office, and without the suggestions and encouragement we received from our advisory boards, task forces and from those of you who regularly use our services. From the town clerk in Derby to the Listers in Vernon and everyone in between, it is the people of our communities that make the good things in our lives happen. It goes without saying that we would not be able to do this job successfully without you -- and without you, Vermont would not be the place it is.
Thank you! I wish you and your families a wonderful holiday season and a happy and healthy New Year.
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January 2000
Now that the festivities are over and we have survived the turning of the clock to 2000 we must fast get to work preparing for the new year. Here at the Secretary of State'ss Office this is the time that we turn our focus to the start of the legislative session. This year we are working closely with the legislative committee of the Municipal Clerks and Treasurers Association to identify and collaborate on issues of common interest. A topic that is sure to dominate the legislative session is whether the state will recognize same-sex marriage. Since the Supreme Court issued its ruling in State v. Baker (the same sex marriage case) we have received a number of calls from town clerks and the press about whether this case requires clerks to issue marriage licenses to same sex couples who wish to be married. The short answer is "not yet."
The court ruled that "the state is constitutionally required to extend to same sex couples the common benefits and protections that flow from marriage under Vermont law." However, because the court suspended its judgment to allow the legislature to consider and enact legislation, this means that until the legislature acts the existing marriage law remains in full force and effect. In the next few months we can expect to hear a lot about whether the legislature can meet the requirements of our constitution by including same sex relationships within the marriage laws themselves or by creating a parallel “domestic partnership” system. This office will be following the proposed legislation to try to ensure that any law that passes clearly delineates what will be expected from town clerks.
Some of the other issues we will be watching closely include another “fix” to the Bianchi law to clarify the 15 year statute of limitations, a bill allowing minor children to join their parents in the voting booth, some proposed changes to our election law, and whether we should have local control of ethics. If you have comments or concerns about any pending legislation that comes under the administrative purview of this office, please feel free to call my staff or call me directly. I would love to hear from you!
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February 2000
February is a busy month in Vermont's town offices. Everyone is scrambling to get ready for town meeting. The warning is set, ballots printed, the BCA must meet and go over the checklist one last time. In all the busyness it is easy to forget that town meeting is not just budgets and ballots, but it is about people.
Town meeting is about the people who make up the town. Those who have lived in the town for generations - and those who may have just moved here from another community, or another state. At town meeting we get to see neighbors we may not have run into since the last farmer’s market in the fall - or maybe even the last town meeting. . It is a time to welcome newcomers who are coming to town meeting, perhaps for the very first time.
We also note who has not made it this year - those who may have moved away - or who may be wintering in warmer climates. And we notice the absence of those who have passed away during the year. Town meeting is also the day when we welcome new officials into the ranks of public service, and when we honor and say farewell to those who are retiring. This year we have more than a few farewells to make. Eight Town Clerks are retiring. Sara Grey from Castleton, Donald Meyer from Chittenden, Olga Hallock from Huntington, Richard Goodro from Middlebury, Rachel Westover from Newport, Rosemary Finley from Rutland, Ruth Morrison from Topsham and Gloria Tansey from Windsor. All will be sorely missed, not just in their own towns but in the community of local officials that make up Vermont.
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March 2000
Every March local government takes center stage. Even with all of the drama going on in the state house, it is local government and local issues that are in the spotlight. You can look at any newspaper in the state and you will see articles about local ballot issues, candidates, and absence of candidates, budgets, bonds, and meetings. Meetings gone wrong - and meetings that are right out of a Norman Rockwell painting.
March Meeting is only one piece of Vermont's tradition of participatory democracy. In fact, the backbone of that democratic tradition is the many individuals who do the work of local government. After March meeting, when things begin to settle down and town government falls from the front pages of our papers, the real hard work of local government begins. This is the time we reorganize. We set meeting days, elect chairs, adopt rules of order, and to begin to feel out the new personalities on the boards. It is a time when the absence of old friends is felt the strongest - and when new officials must be given an opportunity to learn what their new jobs require.
I want to give a special welcome to those of you who are newly elected this month. As you begin to learn the requirements of your new positions and have questions about the laws that govern the work you do, please feel free to call us for assistance. We will answer your questions and direct you to other resources that might be helpful to you and your towns.
Here at the Secretary of State's Office we have assembled a great team to work with the municipalities in Vermont. We have three attorneys available to answer your questions - Deputy Secretary of State, Bill Dalton, Director of Elections and Campaign Finance, Kathy DeWolfe and myself. Call us at 1-800-439-8683!return to 1999 Messages return to 2000 Messages return to 2001 Messages
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April 2000
The most basic responsibility of citizenship is to stand and be counted. In the next few weeks most Vermonters will be given an opportunity to participate in this count by filling out and returning a census form that has been either mailed to or dropped off at their residence. A census worker will also visit homes to count other Vermonters. Filling out census forms takes a little time - but it is important for Vermont.
The census count determines how much federal money will be spent in a state or community for all kind of programs - from job training to WIC nutritional programs. For every person missed, Vermont loses about $700 in federal funding. In 1990 the census overlooked approximately 6,867 Vermonters. This undercount cost us nearly fifty million dollars in lost federal funding over the past ten years!
Census data also provides valuable information to help government, non-profits and business spot economic trends, forecast transportation needs, plan for health and social services, anticipate housing needs, respond to natural disasters, evaluate labor supply and prepare for our children's' future.
Census data is used when we redefine our legislative districts every ten years. Redistricting based on accurate information will assure that each community, as well as each individual, will have fair representation in the Vermont legislature.
Vermont's local officials can play an important role in ensuring that Vermont has a fair and accurate count. You know, better than anyone, how to successfully reach the hard to count in your community – share this information with the census workers who come to your town. You can also help get the word to the people in your community that it is in all of our best interests to be counted. If you like, you can even make your town office a census assistance location, where local officials or census volunteers help people who may need assistance filling out their census forms. For more information please call the Census office at 802-288-9420.
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May 2000
This past month Governor Howard Dean signed into law an "Act Relating to Conflict of Interest Policies." The signing of this new law marks the culmination of nearly two years of work to give communities local authority to address ethical issues in their towns. I want to thank members of the Ethics Task Force, as well as the House Local Government Committee, the Senate Government Operations Committee and the Vermont League of Cities and Towns for their hard work to help craft and pass a bill that will give Vermont's communities a tool to enhance public confidence in town government.
At a time when we are seeing a declining interest in holding local office and an increase in public personal attacks on our officials, it is more important than ever to give communities the power to set ethical standards. Conflict of interest rules will protect our citizen officials from spurious criticism and will assure town residents of fair treatment - hopefully boosting volunteerism.
This newly signed legislation marks a significant change from prior law. In the past, there was no local control of ethics. A town that wished to adopt a binding ethics policy had to seek legislative approval of the policy through a charter change or special legislation. Under the new statute (which becomes effective July 1st), the voters of a town may adopt binding conflict of interest rules that specify the officials that are subject to the rules, and which provide for a method for determining whether a conflict exists. The law also defines "conflict of interest" as a "direct personal or pecuniary interest of a public official, or the official's spouse, household member, business associate, employer, or employee, in the outcome of a cause, proceeding, application, or any other matter pending before the official or before the agency or public body in which the official holds office or is employed." It goes on to say that "'conflict of interest' does not arise in the case of votes or decisions on matters in which the public official has a personal or pecuniary interest in the outcome, such as in the establishment of a tax rate, that is no greater than that of other persons generally affected by the decision." Towns may choose to adopt this definition or write its own definition of conflict of interest.
In the coming months our office will be working with the Vermont League of Cities and Towns to draft and collect sample ethics ordinances to assist towns who wish to adopt an ethics ordinance. Feel free to call our office for a copy of the new law, or a copy of the Secretary of State's Ethics Task Force report.
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Last year at this time I recounted to you the old saying that sausages and laws are the two things one should never watch being made. This adage applied with particular vehemence this year with the civil union debate dominating the session. But, despite the public focus on civil unions, we had a very successful year. Our success was largely due to the hard work of the House Local Government Committee, the Senate Government Operations Committee, the Vermont League of Cities and Towns and my deputy, Bill Dalton.
Perhaps our most important achievement of the session was the passage of a conflict of interest law that will permit communities to adopt binding ethics policies. It is our hope that conflict of interest rules will encourage more people to volunteer for public office. Ethics policies can protect officials from the personal attacks which have become all too commonplace in local debates, and they enhance public confidence in local government. With the help of Paul Gillies we will be preparing a pamphlet explaining the new conflict of interest law and offering options for towns that wish to adopt ethics policies for their communities.
The legislature also adopted legislation permitting our office to start a "Safe at Home" address confidentiality program. This program will protect the physical safety of certain victims of domestic violence, rape or stalking by permitting them to use the Secretary of State's office address as their legal address, and by keeping their locational address out of public records (abusers often track down their victims using the public records system). As we begin the rulemaking process we will be working closely with the Town Clerk/Treasurer's association and the Health Department to ensure that we can find reasonable ways for dealing with voter checklists, vital records, etc . . .. Finally, the legislature considered, but was unwilling to take up the proposals developed by our Election Law Review Committee which met last summer. The committee was concerned that amendments to the election laws would open the door to amendments to our new campaign finance law. The good news is that House Local Government Committee expressed an interest in revisiting the issue next session.
I want to give a special thank you to town clerks Kathy White and Judith Hanson who spent a great deal more time in Montpelier than they ever expected when they agreed to chair the legislative committee of the clerks association. It was their work, and the work of the clerks who came out to support their efforts, that helped to ensure that the laws that passed this year work for the municipalities of Vermont.
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This past month our office has been hard at work helping Vermont's towns and cities prepare for new laws that will be coming into effect on July 1st. We have revised The J.P. Guide to include information about the new civil unions law and we updated the provisions relating to the JP's notary role, elections responsibilities and tax appeal obligations. The format of the guide has also been changed, making it easier to read and more user-friendly.
By this time each town office should have received copies of The Vermont Guide to Civil Unions. This publication was developed with the help of the Vermont Municipal Clerks and Treasurers Association. The Guide has been designed to help explain to local officials and those seeking civil unions how the new law works and the rights and responsibilities conferred by a civil union. In the next month, materials will be available on Vermont's new ethics law. These materials will include model provisions for towns that wish to adopt binding rules of ethics.
I want to thank Paul Gillies and the Clerk's Advisory Board for their assistance in preparing these new publications. I want to also recognize our law student intern, Peter Truong, who wrote many of this months Opinions of Opinions.
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It takes a number of talented, hardworking and committed people to make the Secretary of State's office work to serve the people of Vermont. I would like to take this opportunity to single out one important member of my staff for some much deserved recognition.
Thuy Nguyen serves as my executive assistant. Thuy is that friendly voice you hear when you call our office. Her understanding of state government ensures you get your questions answered without a run-around. But, Thuy's contributions to this office go well beyond her daily tasks. It is her commitment to making this office the best it can be, and her concern for the wellbeing of the people we serve and the people who work in the Secretary of State's office that makes Thuy's contributions especially valuable.
Thuy designed the Vermont Public Service Awards program with thorough attention to detail. She took special care to ensure that the events would truly honor those receiving recognition for their long service to their towns. From collecting the names of the nominees, to printing the certificates of recognition, to catering the event, Thuy did it all.
Thuy designs and edits the Opinions newsletter and she has produced many of our other municipal publications. Thuy is also the person who was responsible for designing our new web page - a web page that has received national recognition for the amount of information that is available on the site and the ease in which the information can be found. The Kids Page she developed has also received high praise.
Thuy is a rare person. She is a tireless worker, incredibly well organized, intelligent, and cheerful even when faced with unreasonably disgruntled members of the public. She has been a real pleasure to work with over the years. Although Thuy will be leaving Vermont, her contributions to this office and the State will endure.
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September means back to school for many of our youngest Vermonters. In my own family it means nervousness about the first day of kindergarten, and for my older children, excitement about seeing old friends, meeting new teachers, and buying fresh school supplies.
This year, in many Vermont communities back-to-school will not just be about classrooms and textbooks. In addition to learning reading, spelling and math, nearly 10,000 of our children will also be learning about government, politics and the upcoming presidential elections. Students at schools in every county of Vermont will be participating in Kids Voting Vermont.
Kids Voting Vermont is a non-profit, non-partisan organizationinitiated by this office to teach our children the value of participating. With our youngest citizens voting at an anemic 26%, it is more important than ever to teach our children the value of getting involved. With Kids Voting students learn how their vote gives them power, they learn about government and politics and develop practical skills of information gathering and decision making. They also get hands on experience at the polls on Election Day by voting in a mock election.
This program can make a difference over night. Not only does it bring parents, teachers and community members together to teach our children the importance of voting, but it also increases adult voter turnout. When St. Albans piloted the program for us in the March presidential primary, adult voter turnout increased by 17%!
If you have any questions about Kids Voting Vermont or want to how to involve you community, please call me at 802-828-2148.
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I don’t know about you, but every year I look forward to Vermont League of Cities and Towns’ town fair. It is not just that I enjoy the turkey dinner, or going around to all of the booths, collecting candy, stress balls or pencils from businesses that work with our towns. It is not even the chance to see lots of big equipment in one place, or to see who is going to win the plow rally that gets me down to Town Fair. Rather, it is the chance to see old friends and colleagues from around Vermont. Clerks, listers, road commissioners, selectboard members, from all four corners of the state -- all in one place.
This year was no different from the others. The turkey was good and the conversation even better. But best of all were the awards. Five individuals were recognized for their lifetime achievements as public servants and for their dedication to their communities.
I want to congratulate Stephan Morse, President of the Windham Foundation, recipient of the Town Government Award; John Hall, former Town Manager of St. Johnsbury, who was named Municipal Person of the Year; Graham Govoni, lawyer and chair of the Hyde Park DRB and Rescue Squad volunteer, recipient of the Town Government Award; Theodor Friedman, longtime Winhall Selectboard member, recipient of the VLCT Lifetime Achievement Award, and Betty Wheeler, former Town Manager of Middlebury, recipient of the VLCT Lifetime Achievement Award. These special Vermonters represent the best of our state. Their contributions benefit not only their own communities but all of Vermont.
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No matter the outcomes of this year’s election, I think the whole State of Vermont will sigh with relief when the Official Return of Votes are completed. This is especially true for town clerks around the state who, like my election division staff, have been working nights and weekends to do all that is necessary to ensure that this year’s elections run as smoothly as possible.
Since June, our office has been answering hundreds of calls a day related to the election – from queries about our new campaign finance laws and the related court cases, to questions about nominating petitions, ballots, early voting and political signs. I want to congratulate my Elections Division staff who have done an excellent job meeting the challenge, despite the fact that they are all new to the elections division –none of them have been through an election cycle before in their current positions.
After the election is over we would like to hear from you. Let us know how the General Election went for your town. What works and what does not? What part of it do you dislike, and how could it be made easier? We are putting together a list of possible improvements and you are the experts!
In order to help you with this year’s elections we have devoted the entire “Opinions of Opinions” to dealing with election issues. (Thank you to Attorney Paul Gillies for helping out with writing the Opinions this month.) Also, if you need to, you can call us on election day. Our toll free line will be staffed by Elections Director, Kathy DeWolfe and her staff from 7:45 a.m. to 9:00 p.m. on November 7th. 1-800-649-VOTE.
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This is the season of giving thanks for the things we too often take for granted in our daily lives. This year I have a great deal to give thanks for -- particularly after such a busy election season. (Besides being thankful that I am not the Secretary of State of Florida.)
I am especially thankful for my healthy and loving family who tolerated my long absences this fall. I am also appreciative of the staff here at the Secretary of State’s Office, whose hard work, commitment and sense of humor make it fun and interesting to come to work each day. Finally, I am extraordinarily grateful to the people of the State of Vermont for honoring me by electing me to serve as Secretary of State for two more years.
One thing I learned from my re-election campaign is that I am given both the credit (and the blame) for everything my office does. And, while we have done and accomplished much this year – bringing the Kids Voting Vermont program to schools across the state, honoring local officials through the Vermont Public Service Awards program, publishing a number of handbooks and pamphlets, getting ethics legislation passed, to name just a few -- what I know is that none of our accomplishments would have been possible without the assistance and support of the staff here at the Secretary of State’s Office, and without the suggestions and encouragement we received from our advisory boards, task forces and from those of you who regularly use our services. Thank You!
I wish you and your families a wonderful holiday season and a healthy and happy New Year.
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January is the time for reflection and resolution. It is a time to count our successes – and to consider opportunities for improvement. This past election cycle gives us that opportunity.
The debacle in Florida – as disturbing as it was to watch, and with so much at stake for the country - left us feeling a bit smug here in Vermont. After all, the sloppiness, confusion and partisan gamesmanship of the Florida election and recount could never happen here. Not only do we no longer use punch card machines to count our ballots, but all of our recounts are hand counts. Our absentee ballots must arrive by the close of election day to be counted, no matter what their postmark. And perhaps most importantly of all, our elections are conducted outside the partisan arena – with town election workers balanced by party and our recounts conducted under the watchful eye of the courts.
Even though we have reason to feel good about our system of election administration, there are still opportunities for improvement. First, we need to provide more time between the primary and general election so that our ballots can be printed and delivered to towns on time, enabling our absentee ballots to be mailed overseas with enough time for their return by election day. We can do more to train our election workers so that every town treats machine-rejected ballots the same way. And finally, we can increase penalties and put in place a statewide voter file so that we can ensure against voter fraud. Right now there is no way to determine whether voters are voting in more than one jurisdiction.
This upcoming year there will be opportunities to make some of these proposals into reality – with a new legislature in Vermont and a national mandate and matching funds to implement improvement in state elections administrations. I look forward to working with all of you on this important mission. Meanwhile, congratulations on our successful elections and best wishes for the New Year!return to 1999 Messages return to 2000 Messages return to 2001 Messages
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