The Vermont Citizenship Comprehensive Examination
Answer Sheet

Assessement of Taxes

1.  The tax rate is calculated by a simple formula -- (Total budget minus appropriated revenues) divided by the grand list.  The answer is $1.25.

2.  The grand list is one percent of the assessed value of property.  With a tax rate of $1.25, the taxes on this property would amount to $1,250.

3.  Taxes paid one day late would owe, in addition to the taxes, a penalty of eight percent and interest, calculated at the maximum rate, of one percent.  The penalty and interest is $112.50. 

4.  As fair market value is 100% of the value, the grand list should be $1,333,333.33.

5.  The penalty for underappraisal is a decrease of twenty-five percent of state aid by a percentage equal to its excess listing deviation.   The listing deviation is the amount by which the district's grand list falls short of fair market value; the excess listing deviation is the amount the listing deviation exceeds twenty percent.  The listing deviation here is twenty-five percent; the excess is five percent; five percent of $25,000 is $1,250.  16 V.S.A. § 3475 (not available on line).


Planning and Zoning

6.  The permit is approved by operation of law on the thirty-first day following submission, July 2. 
24 V.S.A. § 4464.

7.  The appeal from the zoning administrator's decision is to the zoning board of adjustment. 24 V.S.A. § 4464.

8.  The planning commission is the body to which proposals for amending the bylaws should be submitted. 
24 V.S.A. § 4403(b).

9.  No permits may be issued by a zoning administrator that are in conflict with a proposed zoning bylaw or amendment after the date on which the proposed amendments are warned as the subject of the planning commission hearing.  24 V.S.A. § 4443(c).

10.  The landowner's remedy may be granted as a variance before the zoning board of adjustment. 
24 V.S.A. § 4468.


Town Meeting

11.  According to Robert's Rules, a two-thirds vote at town meeting is required to suspend the rules.

12.  According to Robert's Rules, only two amendments may be considered at the same time.

13.  Seven voters may request a paper ballot, unless the town has adopted some other rule.  17 V.S.A. § 2658

14.  Elections at a traditional town meeting are by majority vote.  17 V.S.A. § 2660(b).

15.  No binding action may be taken under the article, "Other business." 17 V.S.A. § 2660(d).


Open Meetings

16.  Minutes must be made available within five days of the meeting.  1 V.S.A. § 312(b).

17.  "At an open meeting the public shall be given a reasonable opportunity to express its opinion on matters considered by the public body during the meeting as long as order is maintained." 1 V.S.A. § 312(b).

18.  They may, for two reasons.  The resume is a record exempt from public access and the executive session is proper for discussions (not votes) of the appointment of a public official.  1 V.S.A. §§ 313(a) & (6), & 317(b)(7).

19.  The law requires at least twenty-four hours notice, giving the time, date, place and purpose of the meeting, in three public places, including in or near the town clerk's office.  It also requires notice to the media and to each member of the board. 1 V.S.A. § 312(c)(2).

20.  Yes.  Only a quorom can constitute a meeting under the open meeting law, and only a meeting requires notice.  1 V.S.A. §§ 310(2) & 312(a).


Tax Appeals

21.  A minimum of three members of the board of civil authority are appointed as an inspection committee to view the property.  32 V.S.A. § 4404(c).

22.  The site inspection committee must visit the property and report back to the board within 30 days of the end of the hearing, or the town suffers technical default and the taxpayer's former appraisal is reinstated for the tax year. 
32 V.S.A. § 4404(c).

23.  The board has ten days from the report of the inspection committee to make its report.  32 V.S.A. § 4404(c).

24.  The mandatory first step is a grievance to the board of listers, according to the timetable set by the law to hear grievances.  32 V.S.A. § 4111(g).

25.  Twenty-one days of the date of mailing of the decision by the town clerk to the appellant.  32 V.S.A. § 4461(a).


Highways

26.  One and one-half rods on either side of the center of the existing traveled way -- three rods in all (49.5 feet).  19 V.S.A. § 32.  

27.  "Class 4 highways may be maintained to the extent required by the necessity of the town, the public good and the convenience of the inhabitants of the town..."  19 V.S.A. § 310(b).

28.  The standard for class 3 highways is "a highway negotiable under normal conditions all seasons of the year by a standard manufactured pleasure car.  This would include but not be limited to sufficient surface and base, adequate drainage, and sufficient width capable to provide winter maintenance."  19 V.S.A. § 302(1)(2)(B). Yes.

29.  No.  A pent road is a public highway which, "by written allowance of the selectmen, is enclosed and occupied by the adjoining landowner with unlocked stiles, gates and bars in such places as the selectmen designate." 
19 V.S.A. § 301(4).

30.  In numbers equal to at least five percent of the checklist.  19 V.S.A. § 708(a).


Australian Ballot System

31.  Noon on the day before the day of election.  17 V.S.A. § 2531(a).

32.  It should be rejected.  The board of civil authority should make a record of the rejection and the reason for it, and preserve the record with the ballot.  The votes on the ballot are not counted, except as rejected, and do not count in the funal tally of votes for one or another candidate.  17 V.S.A. § 2587.

33.  Fifteen days, and then only (1) when errors have been committed in the conduct of the election or in count or return of votes, sufficient to change the ultimate result; (2) when there was fraud in the election process, sufficient to change the ultimate result; or (3) that for any other reason, the result of the election is not valid.  17 V.S.A. § 2603(b).

34.  "In the case of 'write-in' votes, the act of writing in the name of a candidate, or pasting a label containing a candidate's name upon the ballot, without other indications of the voter's intent, shall constitute a vote for that candidate, even though no cross is placed after such name." 17 V.S.A. § 2587(e).  No "X" required.

35.  Trick question.  Any candidate may electioneer outside the polling place so long as "[o]n the walks and driveway leading to a building in which a polling place is located, no candidate or other person...physically interferes with the progress of a voter to and from the polling place." 17 V.S.A. § 2508(a)(3).


Voter Registration

36.  Noon on the third Saturday before the day of election.  17 V.S.A. § 2144(a).

37.  The board of civil authority.  17 V.S.A. § 2142.

38.  Techinicallythre is no durational residency requirement.  A voter could file an itnent to apply even before moving to town by the third Saturday, arrive in town (with the moving van) and qualify to vote on the spot at the pollingplace on election day. 17 V.S.A. § 2144(b).

39.  The applicant must be eighteen years of age or above, a U.S. citizen, a Vermont resident, and have taken the Freeman's Oath.  17 V.S.A. § 2122.

40.  Yes, for elective office.  17 V.S.A. § 2646  ("At the annual meeting, a town shall choose from among its legally qualified voters the following town officers....")  Most appointive offices are not required to be residents or votes (For instance, "At least a majority of the membes of the planning commission shall be residents of the municipality."  24 V.S.A. § 4322.


Checklists

41.  At least 30 days before the meeting.  17 V.S.A. 2141.

42.  At least once every two years, by September 20 of the odd numbered year, althought the board of civil authority may at any time consider the eligibility of persons on the checklist.  17 V.S.A. § 2150(b) & (c).

43.  Only the cost of reproducing the same.  17 V.S.A. 2141.

44.  Five years. 17 V.S.A. 2590(e).

45.  The entrance and, if there is one, the exit checklists are tallied and compared with each other, if discrepancies are dound, they are identified and listed on a separate sheet of paper, and then the exit checklist is sealed with the statement of discrepancies in a ballot bag.  17 V.S.A. § 2583(a).


Town Clerk

46.  Seven days.  24 V.S.A. § 1152.

47.  Within 30 days of the end of the fiscal year.   24 V.S.A. § 1179.

48.  Yes, ex-officio, as well as the assistant clerk(s).   24 V.S.A. § 441(b).

49.  $6.00 per page.  32 V.S.A. § 1671.

50.  Yes.  1968 Op.A.G. 86. 


Dogs

51.  April 1st. 20 V.S.A. § 3581(a).

52.  Once every two years. 20 V.S.A. § 3581(e)(3).

53.  By any "person when the dog suddenly assault him or her or when necessary to discontinue an attack upon the person or another person provided that the attack or assault does not occur while the dog is restrained, within an enclosure containing the dog, or on the premises of the owner"; or when the dog is found wounding, killing or worrying a domestic animal or fowl "when the attendant circumstances are such that the killing is reasonably necessary to prevent injury to the animal or fowl"; or with a warrant by an authorized police   officer, constable or pound keeper.  20 V.S.A. §§ 3545 & 3621

54.  A single selectman, up to $20; by two disinterested person appointed by the selectman if more than that amount.  20 V.S.A. § 3742.

55.  Fifty percent of the license fee.  20 V.S.A. § 3581(a).


Grand List

56.  The listers.  32 V.S.A. § 4151.

57.  One percent of the fair market value of the property.  32 V.S.A. §§ 3481 & 3482.

58.  The town clerk. 32 V.S.A. § 4151(a).

59.  Only with the approval of the board of selectmen, after the listers have requested changes to be made, before December 31st.   32 V.S.A. § 4261.

60.  A change of appraisal notice.  32 V.S.A. § 4111(e).


SCHOOLS

61.  The school board.  16 V.S.A. § 562(8).

62.  In most situations, the town treasurer collects the current taxes, the delinquent tax collector the delinquencies.  In an incorporated school district, a school delinquent tax collector may be involved.

63.  The board of school directos.

64.  Ten days.  16 V.S.A. § 563(1).

65.  July 1st.  16 V.S.A. § 1685(b). (not available on line)


NOTICE AND DEADLINES

66.  At least fifteen days.  24 V.S.A. § 4447.

67.  Forty days.  17 V.S.A. § 2642(a).

68.  The sixth Monday before the day of election.   17 V.S.A. § 2681(a).

69.  Thirty to forty days.  17 V.S.A. § 2641(a).

70.  Ten days.  16 V.S.A. § 1682 (not available on line); 16 V.S.A. § 563(10).


PUBLIC RECORDS

71.  They are.  1 V.S.A. § 317(a).

72.  Two business days.  1 V.S.A. § 318(a)(2).

73. The superior court of the county in which the citizen resides or has his or her place of business, or the Washington Superior Court.   1 V.S.A. § 319(a).

74.  Up to $2.00 an hour.  32 V.S.A. § 1671(a)(3).

75.  The law uses the words, "actual cost of providing the copy," to distinguish the fee from $1.00 per page that a town clerk may charge for an uncertified copy of a record within his custody.   1 V.S.A. § 316(b).


THE VERMONT CONSTITUTION -- CHAPTER 1

76.  "A Declaration of the Rights of the Inhabitants of the State of Vermont" or "The Bill of Rights."

77.  A proposed Equal Rights Amendment was defeated by the voters in 1986.

78.  Article 2d of Chapter I provides that, "the owner ought to receive an equivalent in money."

79.  The right to elect officers and be elected into office."   Article 8th.

80.  That the tax to be raised "ought to appear evident to the Legislature to be of more service to community than the money would be if not collected."  Article 9th.


THE VERMONT CONSTITUTION -- CHAPTER II

81.  The House of Representatives.  Section 6.

82.  Within five days, Sundays excepted.   Section 11.

83.  The House has 150 members; the Senate thirty.   Sections 13 and 18.

84.  Four years next preceding the day of his or her election.  Section 23.

85.  The lieutenant governor or, in his or her absence, a president pro tempore elected by the state senate.  Section 19.


SUPREME COURT

86.  Five -- four associate justices and one chief justice.  Section 29.

87.  They are nominated by the Judicial Nominating Board and appointed, in the case of vacancies, by the Governor, for terms of six years.   Sections 32 and 34.  At the end of the term, the General Assembly votes to retain them in office.

88.  Seventy. Section 35.

89.  The Supreme Court.  Section 36.

90.  The Governor appoints him or her.  Section 32.


COUNTIES

91.  The assistant judges of the superior court. 24 V.S.A. § 131.

92.  The High Baliff.  24 V.S.A. § 333.

93.  The Justice of the Peace.  17 V.S.A. § 2103(10).

94.  The assistant judges of the superior court. 24 V.S.A. § 133.

95.  The state's attorney is elected for a four year term.  No law requires this officer to be a lawyer.  The duties include the prosecution of misdeanors and felonies occuring within their counties. 24 V.S.A. § 361.


STATE TAXES

96.  April 15.  32 V.S.A. § 5861(b).

97.  They are calculated as a percentage of the federal income tax liability.  32 V.S.A. § 5822.

98.  $150 per year.  32 V.S.A. § 5832(2)(B).

99.  Five percent.  32 V.S.A. § 9771.

100.  Seven percent on the gross receipts of meals and occupancies.  32 V.S.A. § 9241.


HISTORY

101.  1777.

102.  March 4, 1791.

103.  Thomas Chittenden, elected in March 1778.

104.  1808.

105.  Three.  The first was said to have been whittled to death and replaced in 1836; the second burned in 1857.  The third and present State House has been occupied since 1859.


DATES

106.  The first Tuesday of March each year.  17 V.S.A. § 2640(a).

107.  The second Tuesday in September in even-numbered years.  17 V.S.A. § 2351.

108.  The first Tuesday next after the first Monday in November in even-numbered years.  Vermont Constitution, Chapter II, Section 43.

109.  The first Wednesday after the first Monday of January, in odd-numbered years. Section 7.

110.  On August 16, 1777, the colonial army, aided by volunteers from Vermont, New hampshire and other states, defeated the British a few miles northwest of Bennington, Vermont, near Hoosick Falls, New York.  Seen as on the turning points in the Revolutionary War, the Battle of Bennington is a state holiday in no other state in the union other than Vermont.


EMBLEMS

111.  Here are the official emblems:  state bird (Hermit Thrush); butterfly (Monarch); animal (Morgan Horse); beverage (milk); tree (sugar maple); flower (red clover); insect (honeybee); soil (Tunbridge); rock (marble, granite, slate); cold water fish (brook trout); warm water fish (walleye pike); song (Hail Vermont).   The 1992 General Assembly also adopted a state mineral (talc) and gem (garnet).

112.  The coat of arms, described as, "Green, a landscape occupying half of the shield; on the right and left, in the background, high mountains, blue; the sky, yellow.  From near the base and reaching nearly to the top of the shield, arises a pine tree of the natural color and between three erect sheaves, yellow, placed diagonally on the right side and a red cow standing on the left side of the field."  1 V.S.A. §§ 491, 495.  The flag itself is blue.

113.  "Freedom and Unity."  1 V.S.A. § 491(2).

114.  The Governor, Vermont Constitution, Chapter II, Section 22.

115.  Galway Kinnell (until April 1993).


GEOGRAPHY

116.  They were left by the glaciers.

117.  Vermont was once connected to the Atlantic Ocean via the St. Lawrence Valley.  Salt water invaded Lake Champlain, and with it numerous sea creatures, including the small whale found near Charlotte in 1849.

118.  Addison, Bennington, Caledonia, Chittenden, Essex, Franklin, Grand Isel, Lamoille, Orange, Orleans, Rutland, Washington, Windham and Windsor.

119.  Middlebury, Bennington, Manchester, St. Johnsbury, Burlington, Guildhall, St. Albans City, North Hero, Hyde Park, Chelsea, Newport City, Rutland City, Montpelier,  Newfane and Woodstock.

120.  Burlington with 39,127 people, is the largest city; Victory with 50 people, is the smallest organized town.


WATER

121.  The Otter Creek.

122.  November 3, 1927.

123.  The Winooski and the Lamoille.

124.  North.

125.  The hig water mark on the west side of the Connecticut River.


MOUNTAINS

126.  The chin of Mount Mansfield, at 4,393 feet above sea level.

127.  Green/grey schist.

128.  Slate.

129.  Green Mountain (French).

130.  Seventy-five percent.


ACT 250

131.  The ten are: (1) undue water or air pollution: (2) sufficient water; (3) burden on water supply; (4) soil erosion or reduction in the capacity of the land to hold water; (5)  congestion or unsafe highways, waterways, etc.; (6) burden on schools;  (7) burden on municipal or governmental services; (8)adverse effect on scenic or natural beauty, aesthetics, historic sites or rare and irreplaceable natural areas; (9) conformance with a duly adopted capability and development plan; and (10) conformance with local or regional plan or capital program.   10 V.S.A. § 6086.

132.  The Stae Environmental Board.  10 V.S.A. § 6089.

133.  Over ten acres.  10 V.S.A. § 6001(3).

134.  Yes.

135.  2,500 feet above sea level.


FISH AND WILDLIFE

136.  The second Saturday in April.

137.  Twelve days prior to Thanksgiving (the second Saturday before Thanksgiving).  10 V.S.A. § 4741.

138.  The Fish and Wildlife Board.

139.  Yes.

140.  When it is doing damage to crops.  10 V.S.A. § 4826.


CRIME AND PUNISHMENT

141.  When the maximum term of imprisonment is more than two years or by the death penalty, th eoffense is a felony.   All other offesnes are misdemeanors.  13 V.S.A. § 1.

142.  When the state runs the program (lotteries) or when organized and executed by a nonprofit or charitable organization and the funds are used in charitable undertakings.  13 V.S.A. § 2143.

143.  Yes, for conviction of the crime of treason.  13 V.S.A. § 3401.

144.  "[W]hen a person is sentenced or committed for offenses punishable by death or life imprisonment when the evidence of guilt is great."  Vermont Constitution, Chapter II, Section 40.

145.  Refusing to take the test when the officer's request is reasonable results in suspension for at least six months.  23 V.S.A. § 1202(d).


MARRIAGE AND DIVORCE

146.  Six months. 15 V.S.A. § 551.

147.  Yes.  15 V.S.A. §§ 1,   2.

148.  No.  Morrill v. Palmer, 68 Vt. 1, 33 A. 829 (1895).

149.  The law that marriage may be solemnized on the day following the issuance of the license was repealed in 1992.  Now the wedding can be performed on the same day that the license is qualified.  18 V.S.A. § 5145(a).

150.  The town clerk.  18 V.S.A. § 5131.


MINORS

151.  Sixteen and older.  21 V.S.A. § 431.

152.  Eighteen.  18 V.S.A. § 5142(1).

153.  When charged with murder,who is over the age of ten.  33 V.S.A. §§ 5502(a) & 5506.

154.  Twenty-one.  7 V.S.A. § 2(26).

155.  Fifteen.  10 V.S.A. § 4251.


BUSINESS REGULATION

156.  When a person is doing business under a name other than his or her own, or when the business is a partnership or association or a corporation doing business under a name other than its own.  11 V.S.A. § 1621.

157.  One is enough, if wages of $1,500 or more are paid, or an employee works at least some portion of a day in each of twenty different calendar weeks. 21 V.S.A. § 1301(5).

158.  Twelve weeks.  21 V.S.A. § 472(a).

159.  No.  Only with probable cause may an employer require testing of current employees, and then only if there is an employee assistance program in place, the employee is not terminated for a positive test result, and the test is administered according to proper standards.  21 V.S.A. § 513.

160.  $4.25 an hour.  21 V.S.A. § 384(a); 29 USC § 206.


DEEDS

161.  Two.  27 V.S.A. § 341(a).

162.  April 1st.  27 V.S.A. § 309.

163.  The town clerk's office.   Vermont Constitution, Chapter II, Section 62.

164.  No, with one exception.   If the old system of typing or transcribing deeds is used, the town clerk or his or her successor may correct erros in the public record.

165.  For principal residences, five-tenths of one percent on the first $100,000, and above that amount one and one-quarter percent of the value of the property transferred (or a working farm or land in the current use program, which is also at five-tenths of one percent); for all other conveyances, one and one-quarter percent of the value of the property transferred.  32 V.S.A. § 9602.


WILLS AND DESCENT

166.  A minimum of three.  14 V.S.A. § 5.

167.  Probate court.

168.  The right of a surviving spouse to claim a dwelling house, outbuilding and the land used in connection with those buildings, not exceeding $30,000 in value, without being subject to the debts of the deceased spouse.  27 V.S.A. §§ 101 & 105.

169.  Through the probate court, the estate is sold and the proceeds given to the town in which the deceased resided as an inhabitant, except that the value of real estate is alloted to the towns where the real estate lies, for the use of schools.  14 V.S.A. § 683.

170.  It's a legal document that delegates to an agent the authority to make health care decisions for the principal when the principal lacks the capacity to make such decisions.  14 V.S.A. § 3451 and following.


MOTOR VEHICLES

171.  When a person is injured or the value of the damage is $500 or more.  23 V.S.A. § 1129(a).

172.  The amount is 0.08 or more.    23 V.S.A. § 1205.

173.  Two points.  23 V.S.A. § 2502(a)(6).

174.  If two are furnished (as in the case in most cars), both must be displayed.  The exception is when a statehood bicentennial plate is affixed to the front of the car.  23 V.S.A. §§ 511, 515a.

175.  $20 for four years.    23 V.S.A. § 608.


TIME

176.  Six years.  12 V.S.A. § 511.

177.  Fifteen years.  12 V.S.A. § 501.

178.  Twenty days.  V.R.C.P. § 12.

179.  Thirty days.  V.R.A.P. § 4.

180.  Seven years.   (Established by case law).


THRESHOLDS

181.  $500 in expenditures for oral or written communication with legilsators or administrative officials.

182.  $500 in expenditures made or contributions accepted.  17 V.S.A. § 2801.

183.  One percent of the checklist or thirty votes, whichever is less.  17 V.S.A. § 2682(a).

184.  One of its candidates receives at least five percent of the votes for a statewide office and by January 1 of the next election year it organizes in at least fifteen towns.  17 V.S.A. §§ 2103(23) & 2313.

185.  Five percent of the voters.  17 V.S.A. § 2643(a).


NUMBERS

186.  It was 562,758.

187.  For FY92, the budget was $659 million.   For FY93, the budget was the same, give or take a few dollars.

188.  320 miles in all.

189.  237 towns and 9 cities.

190.  None.


PEOPLE

191.  Patrick Leahy and James Jeffords, U.S. Senators; Bernard Sanders, U.S. Representative.

192.  Current  1999:  Howard Dean (Governor),  Doug Racine, (L.G), James Douglas (Treasurer), Deborah Markowitz (Sec. of State), Ed Flanagan (Auditor of Accounts), William Sorrell (A.G.)

193.  Howard Dean, Richard Snelling, Madeleine Kunin, Richard Snelling, Thomas Salmon and Deane Davis.

194.  Current 1999:  Michael Obuchowski (Speaker), Peter Shumlin (Pres. Pro Tem), Kermit Smith (S.A.A.)

195.  Local variation here.


MISCELLANY

196.  One and one-half percent per month.  9 V.S.A. § 41a(b)(3).

197.  One year from the date of sale.  32 V.S.A. § 5260.

198.  175 days.  16 V.S.A. § 1071(a)(1).

199.  The Public Service Board.

200.  Manufacturing, agriculture and tourism.


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