A Message from the Secretary

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1 Vol. 15, # 7 October 2013 Inside this Issue of Opinions... page 1 Message from Jim Condos page 2 Voices from the Vault page 3 Message from Irene Recovery Office Page 4 Opinions of Opinions page 6 National Archives Month Calendar of Events page 7 Message from Vermont Health Connect A Message from the Secretary I hope this newsletter finds you well. If you are anything like me, you are wondering where the summer has gone and how we are already in October! This summer has been productive but quick; our office has been focused on big picture projects like the development of our new Elections IT platform, for which we have just ended the RFP. Look for more extensive exciting updates on this process in forthcoming issues of Opinions. We are also well on our way with updating our technology systems for Corporations and the Office of Professional Regulation. Both divisions are approaching 95% of their filings online. While all of our functions can still be completed by mail, I am proud that our technological improvements make it easier for more Vermonters to take advantage of our many services. As October is National Archives Month, we have several great events happening at VSARA. All events are free and open to the public. For details on all events please see the calendar on page 6 of this newsletter. Lastly, over the next couple of months, you may notice changes in the format of this newsletter. We are currently looking at the information that we provide and discussing how we can make Opinions most useful to you, the reader. With that in mind, please feel free to send up ideas about how we can improve or comments on the changes we want to hear from you! Please call or Zoe, my assistant, at or zoe.newman@sec.state.vt.us. Quote of the Month "Research is formalized curiosity. It is poking and prying with a purpose." SIncerely, - Zora Neale Hurston James C. Condos Secretary of State 128 State Street, Montpelier, VT

2 Voice from the Vault by Tanya Marshall, State Archivist It s 5:00, Do You Know Where Your Records Are? Growing up in Western New York, I, like many other kids of my generation, woke up in the morning, hopped on my bike, and headed out for the day with my whereabouts and safety being informally observed by neighbors, other parents, the lifeguards at the neighborhood pool, etc. When the street lights came on in my neighborhood of Wurlitzer Park (yes, that Wurlitzer the factory buildings that cranked out organs and jukeboxes are still standing on Niagara Falls Boulevard), parents began to inventory children to make sure that any for whom they were responsible were present and counted. As I got older and my summer adventures took me outside of the neighborhood, a daily public service announcement, which was reportedly first used by Buffalo s ABC affiliate WKBW-TV, was a standard parental control. I had to be home before local news anchor Irv Weinstein stated: It s 11:00, do you know where your children are? As much as this time served as a deadline or curfew for us kids, it is also served as a cue to parents that they were responsible for their children as well as those entrusted into their care. Over the years (ok, decades), times have changed. While some may regret the loss of the casual past, the truth is that parents have a far better idea of where their kids are at any given time. As a mother of three boys, I have first-hand experience. In summer, I sign my three boys in and out of various camps and can also see in the log when they left and returned from field trips and other excursions and which camp adults were in charge. When children from the neighborhood come into our house I call their parents and our neighbors do the same and the boys time with friends is arranged with pick-up and drop-off times. There is a series of purposeful check-ins and checkpoints. Records should also have a series of check-ins and checkpoints. Any record created or received in the course of government business is a considered a public record and therefore public property. The public entrusts us to protect and preserve records for as long as they are legally and administratively needed. This means that knowing where our records are at all times is critical as is documenting who had access to what records and when, why and how. Without a clear documentation of a record s chain of custody, public agencies place not only themselves as risk but also those who rely on authentic, reliable public records for legal, administrative, historic, and other purposes. At the Vermont State Archives and Records Administration, original paper records are routinely accessed and used by our staff as well as individuals from outside of our agency. When a request is made, the location of a record is systematically tracked as it moves from its secure storage location to our Reference Room. From there, it s further tracked right down to individual user. At the end of the day, the reverse occurs until the record is securely returned to its proper location in our storage vaults. When we send records to vendors and other contractors for microfilming or scanning services, the chain of custody documentation becomes even more essential to have as the records will no longer be, for at least a short period of time, in our physical custody. Knowing who handled our records and when and whether or not those individuals were authorized to do so are all standard records management controls. While unintentional alterations or destruction can occur, there are, unfortunately, many people who steal, destroy, and alter public records for their own personal benefit. It was not too long ago that University of Vermont found itself a victim of an elaborate criminal operation orchestrated by researchers who have since been found guilty of stealing documents from several East Coast archival and research institutions. We recently fielded a call from a municipality worried that someone had purposely altered documents recorded 2 Security Microfilm of Land Records Under State law, town clerks have the option of storing security microfilm copies of land records at the State Records Center in Middlesex to further protect records required to establish marketable title. There is no charge for this service but storage is limited to only security microfilm copies of land instruments recorded pursuant to 24 V.S.A The transfer of security microfilm copies of land records to the State Records Center requires a Land Records Storage Agreement. In addition, the chain of custody of specific security microfilms from the town clerk to the State Records Center is initially documented through a Land Records Transfer Sheet. A completed Land Records Transfer Sheet must be received and approved prior to sending any security microfilms to the State Records Center. Once approved, this information is recorded in our record inventory and management system and associated with the films once they arrive. This is the same system that we use to track boxes of records in the State Records Center and State Archives. Town clerks may direct their microfilming vendor to send security microfilm directly to the State Record Center; however, a completed Land Records Transfer Sheet must still be received and approved in advance. While microfilm description information may be completed by a vendor, it is important that we receive the Land Records Transfer Sheet directly from the town clerk. Need more information? Please visit our website ( or call State Records Center Supervisor, Chris Flora, at Opinions Vol. 15, #7

3 Voice from the Vault by Tanya Marshall, State Archivist in its land records. Regrettably, public employees have also been known to alter or illegally destroy records. Therefore knowing who, what, why, when, and how helps everyone along a record s chain of custody. At a minimum, a chain of custody document includes a description of the records and the dates and times that someone other than the legal custodian had access to and/or physical possession of the records. If specific activities will be performed on the records and there are additional handlers, such as microfilm or scanning technicians, records center staff, etc., the names of those who handled the documents and the dates and times in which the records were in their physical custody, as well as the actions taken with the records, should be documented as well. Having an auditable chain of custody is one of the only ways to demonstrate to others that we know where our records are at all times and to hold those who had access and physical custody to our records accountable for their actions. Report from the Irene Recovery Office The Irene Recovery Office has asked the Secretary of State to Include the following information. If you have any questions, please contact: Katherine Ash at or Katherine.Ash@state.vt.us On August 28, 2013 the Irene Recovery Office released the final status report on recovery initiatives from Tropical Storm Irene, now available on the Vtstrong.gov website for public viewing. Although Vermont has not forgotten those who are still recovering from August 2011, this report captures the courageous efforts of communities throughout the state and the steps that are being taken to build back stronger in the wake of future storms. To download your personal copy, go to: Office of the Vermont Secretary of State 3

4 Opinions of Opinions by Secretary of State Jim Condos 1. BCA must meet in odd-numbered years to review the checklist. By September 20 of this year, the Board of Civil Authority in each town must complete a review of the checklist and send "challenge letters to all persons on the list that the BCA believes may have moved out of town. The statute requires that by September 20 of each odd-numbered year, towns must send a letter to the Office of the Secretary of State certifying that its checklist has been updated and that detailed records have been maintained. 17 V.S.A. 2150(d)(7). If the BCA meets at regular intervals throughout the year to review the checklist and send challenge letters then the biennial purge should be fairly easy. 2. BCA should meet regularly to review the checklist. We recommend that the Board of Civil Authority meet at regular intervals to maintain your checklist, including sending the required notices to remove or purge names. For BCA s that have not been able to do this on a regular basis, it is now time to warn a meeting of the Board of Civil Authority to update your checklist. 3. A meeting of the BCA can be called by the town clerk or by one of the selectboard members. 24 V.S.A Generally, after the town clerk or one of the selectboard members decides to call a meeting, the meeting is warned by the town clerk. The notice must be posted in two or more public places at least five days before the meeting and mailed to each member. If the town clerk is unavailable, the notices can be done by the assistant town clerk or another member of the board. 4. Role of appointed BCA members. Members of the BCA who were added to the BCA by the Selectboard to increase representation for an underrepresented party shall have the same duties and authority with respect to elections as have other members of the Board. 17 V.S.A Members so appointed shall have no authority with respect to functions of the board of civil authority which are not related to elections, such as property tax appeals or tax abatement hearings. 5. Composition of Village BCA. The Board of Civil Authority of a village consists of the Justices of the Peace who reside in the village, the trustees of the village, and the village clerk. 17 V.S.A. 2103(5); Other Justices of the Peace who reside in the Town but not in the village cannot be involved in administering village elections. 6. Village checklist. A village clerk shall automatically include all voters living within the village who are on the Town checklist. 17 V.S.A There is no need for the voter to apply separately to the village clerk. 7. Oath for BCA members. The required oath for members of the Board of Civil Authority who will be hearing tax appeals is found in 32 V.S.A The statute requires that the members take the oath before entering upon their duties under section Since the tax appeal process is available each year, board members should take the oath each year before beginning the first tax appeal hearing. We believe it is good practice to take this oath before each tax appeal since it impresses on the parties to the appeal that the board takes its obligation seriously to perform its duties professionally and in an unbiased manner. 8. Reserve fund may generally be spent by board without town vote. If a town has established a reserve fund for a special purpose, such as a reserve fund for highway equipment, the statute provides that the reserve fund is to be under the control and direction of the legislative body (Selectboard or School Board). 24 V.S.A Once a reserve fund is established and funded by town vote, the Board may expend the funds for such purposes for which the fund was established without another town vote. If the legislative body wants to spend those reserve funds for any other purpose, then the spending must be authorized by a majority of voters at an annual or special meeting. 9. Board correspondence must be authorized by the board. Chairs of municipal boards do not have authority to act on their own making representations for the board. This means an individual board member may not write a letter using town or official stationery, representing that the letter is on behalf of the board without a motion passed at a duly warned meeting authorizing the board member to send the letter on behalf of the board. 1 V.S.A Except as authorized above, no board member of any municipal body has any authority to act alone unless that authority is derived from a specific state statute or municipal charter. An official who acts on his or her own may run the risk of personal liability because the official is acting outside of his or her authority as a board member. 4 Opinions Vol. 15, #7

5 Opinions of Opinions by Secretary of State Jim Condos 10. The governor appoints to fill a vacancy in the office of justice of the peace. Whenever a vacancy occurs for a justice of the peace, whether by death or resignation, the town party chair for the party that has lost a justice, or the town clerk (for independent justices), must notify the office of the governor. 17 V.S.A The town committee of that party (after a properly warned meeting five days written notice to all town committee members) may then submit one or more recommendations to the governor as to a successor. The statute does not include any language for recommendations when the justice who created the vacancy was an independent. Interested persons could send a letter of interest to the governor s office. However, in all cases, the governor may appoint any qualified person to fill the vacancy for the remaining portion of the term and is not bound by any town committee recommendations. 11. The time and place of regular meetings of the board must be publicly available. The time and place for regular meetings of any public body may be designated by charter, regulation, ordinance, bylaw, or resolution and this information shall be available to any person upon request. 1 V.S.A. 312(c)(1). Many selectboards and school boards establish their regular meeting schedule by a resolution at the first organizational meeting after election at Town Meeting. Once established the board does not have to "warn" each regular meeting, although the board must make the agenda available to the news media or any person upon request prior to the meeting. Many towns have a practice of posting the agenda and distributing it to the media on a regular basis. 12. A board may change its regular meeting time and place as it wishes. A board can change its regular meeting schedule by adopting a new resolution at any time. The law does not limit the designation to the organizational meeting. However, when a board has changed the schedule in this way it should make some effort to let the public know so that the people who regularly come to these meetings are not caught off guard. 13. Special board meetings must be publicly announced within 24 hours of the meeting. If any public body needs to hold a special meeting between regularly scheduled meetings, the time, place, and purpose of the special meeting must be publicly announced at least 24 hours before the meeting. 1 V.S.A. 312(c)(2) A notice containing the time, place and purpose of the meeting must be posted in or near the municipal clerk s office, and in at least two other public places in the municipality at least 24 hours before the meeting. Notice must also be given either orally or in writing to each member of the public body at least 24 hours before the meeting; however, a member can waive notice. Committees appointed by public bodies must also comply with the open meeting law including this warning of special meetings. 14. Minutes do not have to be posted. The open meeting law requires minutes to be made available upon request within five days of a board meeting. Many towns post minutes of meetings in the clerk's office and in other public places, but this is not required by law. 1 V.S.A Towns may share an assistant clerk. There is no reason why two towns could not share an assistant clerk so long as the clerks of both towns are happy with the arrangement. Assistant clerks are hired by the town clerk and serve at their pleasure. There is no requirement that an assistant be a resident of the town where he or she is working. 24 V.S.A Towns can elect or appoint the road commissioner. A road commissioner can be elected or appointed - depending upon whether the town has voted to elect the road commissioner. 17 V.S.A (16), 2651.Whether the commissioner is elected or appointed, the road commissioner has no independent authority to act. He or she takes direction from the selectboard who are responsible for the maintenance of the roads. 19 V.S.A The road foreman can be elected or appointed to be the road commissioner - but this is not necessary by law. In many towns one of the selectboard members serves as road commissioner and acts as a liaison between the road foreman and the selectboard. Office of the Vermont Secretary of State 5

6 National Archives Month Calendar Monday, October 14, VSARA, in cooperation with the Dept. of Disabilities, Aging, and Independent Living, will host an open house highlighting the history of the Brandon Training School. The event will be from 3 to 6 pm at VSARA s facility in Middlesex. This year marks the 100th anniversary of the school s establishment as well as the 20th anniversary of its closing. The open house will feature exhibits from the recently-opened archives of the school. A short film of the school s 1993 closing ceremony will be shown at 5:00 pm. Tuesday October 22, the Vermont Historical Records Advisory Board (VHRAB) is sponsoring a free workshop entitled Putting Your Collections Online. The hands-on workshop for archivists and other individuals entrusted with caring for archival collections will focus on using Omeka, a free web-publishing platform. It will be held from 2 to 5 pm at St. Michael s College. Registration information can be found online at Thursday, October 24, VSARA will sponsor a talk by Jason R. Baron entitled Freedom, Unity, and Information Governance: A Progress Report on the US Archivist's Bold Managing Government Records Directive And Its Implications For Recordkeeping in the Public Sector. Baron has been Director of Litigation at the National Archives since 2000 and is an internationally recognized lecturer and author on e-recordkeeping and e-discovery topics. The talk begins at 1 pm in the Pavilion Building auditorium in Montpelier. Saturday, October 26, VSARA will host a second open house from 11 am to 3 pm. This event will offer behind-the-scene tours and an exhibition of highlights from the archives, including the 1777 Vermont constitution; Vermont s copy of the Bill of Rights; recent accessions from the Vermont State Hospital and Brandon Training School archives; and other records illuminating Vermonters, their government, and their history. VSARA, a division of the Office of the Secretary of State, advises and guides public agencies in records and information management; appraises and schedules public records; preserves and enhances access to the archival records of state government; and operates the state records center. The State Archives and Records Administration building is located at 1078 US Rte 2 in Middlesex. Directions and additional information about the events can be obtained by contacting archives@sec.state.vt.us or Opinions Vol. 15, #7

7 Vermont Health Connect is here for Individuals, Families, and Small Businesses One of the State of Vermont s much anticipated initiatives has arrived! On October 1st Vermont Health Connect opened for individuals without employer coverage and businesses with 50 or fewer employees to find health insurance plans that fit their needs and their budget. This fall, Vermonters will be able to use Vermont Health Connect to: 1) Make side-by-side comparisons of health insurance plans; 2) Get financial help to pay for coverage; 3) Sign up for a health plan. Vermont Health Connect officials and partners have been traveling to communities throughout the state all year to talk to Vermonters at events, community forums and festivals. More than 40 events were held in September alone and another 40 are scheduled for October. Events throughout the fall can be found by clicking on News and Events on the VermontHealthConnect.gov website. For individuals and families buying coverage on their own, financial support is available in the form of premium tax credits and cost-sharing reductions to make quality health coverage more accessible to lower and middle income Vermonters. An individual earning up to $46,000 or a family of four earning up to $94,200 may qualify for financial help, so it s worth checking out. A calculator is available on VermontHealthConnect.gov to help Vermonters find out how much financial help they might qualify for. Help is available every step of the way online, by phone, and in-person. Online VermontHealthConnect.gov Phone (toll-free) for individuals and (toll-free) for businesses In-person Use the website or call center to find a Navigator near you Additional tools and resources designed specifically for small businesses can be accessed at VermontHealthConnect.gov or by calling (toll-free). For business owners who need an introduction, these tools include an interactive online storybook and overview materials. For businesses who are ready to crunch numbers and make a decision, the Small Employer Estimator tool can help determine if their business can use Vermont Health Connect to offer coverage, if it makes sense to do so, and how to offer new health insurance options to employees. Today, most Vermont small businesses only offer their employees the choice of one or two health plans, if any at all. Starting in 2014, small businesses that offer health insurance will be giving their employees the choice of nine to 18 health plans. For businesses that do not offer health insurance, their employees, as well as anyone purchasing on their own, will have the choice of at least 18 different plans, and they may be eligible for financial help that can lower their monthly premiums and out-of-pocket medical costs. Whether or not we are personally able to take advantage of Vermont Health Connect, we can all play a role in letting our neighbors know about the new health insurance choices that are available to them. Please join me in passing on the website (VermontHealthConnect.gov) and toll-free number ( ) to our friends and neighbors. Office of the Vermont Secretary of State 7

8 October State Street Montpelier, VT RETURN SERVICE REQUESTED Mailing List Updates! Help us keep our mailing list up to date! Let us know if: - your address needs to be updated, - your name is misspelled, or - you'd rather receive Opinions a week early via . Send us a note via fax: secretary@sec.state.vt.us or post: 128 State Street, Montpelier, VT Be sure to include the information from your current Opinions mailing label as well as any changes that you would like to have made. Thank you for helping us keep Opinions running efficiently!