Hi Susan,

 

Given that this is an informational hearing being held in advance of a floor meeting, the hearing is not required by law and as such there is no specific guidance as to who should take the minutes for such a meeting. 

 

In light of the recent change by the legislature making it clear that the legislative body is responsible for the minutes of a formal informational hearing in advance of Australian ballot vote, I think it is reasonable to assume that the board would be responsible for the minutes of this meeting.  But because this is a meeting that is not mandated by the law in the first place, that is simply a suggestion and not necessarily a requirement.

 

Thanks

 

JP

 

JP Isabelle

JD- VLS 2011

Elections Administrator

Vermont Office of the Secretary of State

128 State Street

Montpelier, VT 05633

Phone: 802-828-2304

Fax: 802-828-2496

http://vermont-elections.org/

 

From: Vermont Municipal Government Discussion Network [mailto:[log in to unmask]] On Behalf Of Susan Underwood
Sent: Monday, August 21, 2017 10:43 AM
To: [log in to unmask]
Subject: Re: minutes at public meeting prior to special town meeting

 

Hi JP,

 

Thank you for getting back to me. 

 

The informal public informational meeting is for a special town meeting, but it is not by Australian ballot.  It is a floor vote.

 

Thank you again,

Susan

 

From: [log in to unmask]">Isabelle, Jean Paul

Sent: Monday, August 21, 2017 10:07 AM

Subject: Re: minutes at public meeting prior to special town meeting

 

Hi Susan.

 

Is this the public informational hearing required when using Australian ballot (17 VSA 2680(g))?  If so, the election law just passed by the legislature clarifies that the board is responsible for the minutes at that hearing.  Here is the language from the statute and a link to our unannotated election law.

 

https://www.sec.state.vt.us/media/858314/title-17.pdf

 

(g) Hearing.

 

(1) Whenever a municipality has voted to adopt the Australian ballot system of voting on

any public question or budget, except the budget revote as provided in subsection (c) of this

section, the legislative body shall hold a public informational hearing on the question by posting

warnings at least 10 days in advance of the hearing in at least two public places within the

municipality and in the town clerk's office.

 

(2)(A) The hearing shall be held within the 10 days preceding the meeting at which the

Australian ballot system is to be used. The legislative body shall be responsible for the

administration of this hearing, including the preparation of minutes.

 

Feel free to contact me directly if you have other questions or need further clarification.

 

Thanks

 

JP

 

JP Isabelle

JD- VLS 2011

Elections Administrator

Vermont Office of the Secretary of State

128 State Street

Montpelier, VT 05633

Phone: 802-828-2304

Fax: 802-828-2496

http://vermont-elections.org/

 

From: Vermont Municipal Government Discussion Network [mailto:[log in to unmask]] On Behalf Of Susan Underwood
Sent: Monday, August 21, 2017 9:40 AM
To: [log in to unmask]
Subject: minutes at public meeting prior to special town meeting

 

Newbury is having a special town meeting on 9/26 and an informal informational meeting on 9/21/17. 

 

As town clerk, I have always taken the minutes at town meeting and special town meetings.

 

The selectboard has their own minutes clerk for selectboard meetings.  (Thankfully)

 

Is there a protocol for whom takes minutes at an informal informational meetings?  The selectboard wants minutes to be taken at the informal public meeting in addition to the special town meeting.

 

I appreciate any and all responses!

 

Susan