Vol. 15, # 1 January 2013

Vol. 15, # 1 January 2013 page 1 Happy New Year! page 2 National Clean off Your Desk Day! page 3 Opinions of Opinions page 5 Civics Education Testing Only Required in 9 States For High School Graduation Quote of the Month People talk about the middle of the road as though it were unacceptable. Actually, all human problems, excepting morals, come into the gray areas. Things are not all black and white. There have to be compromises. The middle of the road is all of the usable surface. The extremes, right and left, are in the gutters. -- Dwight Eisenhower In this Issue Quote of the Month... 1 Voice From the Vault... 2 Opinions of Opinions...3 A Message from the Secretary Happy New Year to you and yours! I hope you have all had some time off to rest and spend time with your families during this holiday season. Regardless of which holiday you celebrate, it is nice to be able to reflect a bit and enjoy social time with our families and friends at this time of year. 2013 will be a busy one for the Secretary of State s office. The beginning of a new year is a good time to look back on the past year, consider what we did well, where we can improve, and then get down to the business making those improvements! If there is any way that our office can be of assistance to you as you prepare for town meeting, or in any other way, please do not hesitate to contact us. You may also want to pay close attention to this month's issue of Opinions of Opinions as it addresses many questions pertaining to town meeting. On a more general note, our Office of Professional Regulation (OPR) has made its temporary move to the campus of the Vermont College of Fine Arts in Montpelier, and they are settling in well. Our Business Division is becoming more and more automated in an effort to provide our customers with options that work best for them when they have to do business with our office. The feedback we are getting so far has been very positive. Our Elections Division will not be sitting on their laurels, even though it is not an election year! We are looking at automating systems and making technology improvements to better serve you and the public. The staff at our VSARA Division Vermont Archives and Records Administration is working closely with many government agencies and municipalities on improving records management and the public s access to public records. I am very excited to be entering my second term as Vermont s Secretary of State, and look forward to working with you all to serve Vermonters in the best way possible! May you and yours have a happy, healthy, and productive 2013! Sincerely, Civics Behind the Scenes... 5 Elections Calendar... 6 Elections Calendar... 7 James C. Condos Secretary of State 128 State Street, Montpelier, VT 05633-1101 800-439-8683 www.sec.state.vt.us

Voice from the Vault by Tanya Marshall, State Archivist NATIONAL CLEAN OFF YOUR DESK DAY IS MONDAY, JANUARY 14th This year National Clean Off Your Desk Day is on Monday, January 14th. This unofficial holiday was started in 1982 by Anne Chase Moeller. Ms. Moeller had the pleasure of working for her father at his office, often at his cluttered desk. Being that her father was in the business of publishing annual events, Clean Off Your Desk Day was shortly thereafter listed in Chase s Calendar of Events and has been recognized ever since. Held in January, the intent is to clear your desk in preparation for new paperwork and files. To (legally) reap the benefits of National Clean Off Your Desk Day (which includes desktops!), you need not go any further than the State of Vermont s General Record Schedule for Transitory Records (GRS-1000.1000). Transitory records are: only needed for a limited period of time in order to complete a routine action or prepare or update a formal or on-going record; administratively obsolete after the specific action or process to which they relate is complete; and are not usually subject to any legal recordkeeping requirements (explicit or implicit). Examples of transitory records include: Routine Correspondence: Incoming and outgoing correspondence that is part of a regular routine function and has limited value or need after a routine action is completed. Drafts: Preliminary or tentative versions of a document that have no additional value to the drafter or Office. Includes drafts that have been superseded by another document. Notes: Notes that have been taken to aid personal memory or for later review. Includes short, informal notes such as phone messages. Publications and Reference Sources: Information that is intended primarily for consultation and is for reference or informational purposes only. Requests: Requests and responses for forms, publications, records, and other Office information that do not require any administrative review before, or further action after, the information is provided. Worksheets: Forms, checklists, and similar worksheets used to prepare or update other records or informally track a workflow. Under state law, the destruction of any record created or received by a public agency during the course of business must be authorized by the Vermont State Archivist. General Record Schedules (GRS), which cover records commonly created by agencies, are the easiest way to determine if and when certain records can be tossed or deleted. So why not start with your desk or desktop they are usually cluttered with transitory records that are no longer needed! To learn more about adopting and applying the Transitory Records GRS and other general schedules to your records, please visit http://vermont-archives.org/records/schedules/general or call us at 802-828-3700 and ask for a records analyst. You can also e-mail our records analysis staff at rim@sec.state.vt.us. Happy Clean Off Your Desk (and Desktop) Day! 2 Opinions Vol. 15, #1

Opinions of Opinions by Secretary of State Jim Condos In our monthly Opinions, we provide what we believe the law requires based upon our legal judgment, years of observing Vermont's local government practices, and Vermont Court decisions. This information is intended as a reference guide only and should not replace the advice of legal counsel. 1. A town cannot elect a budget committee at town meeting unless the town has a governance Charter that provides for the town to elect a budget committee. There is no statutory authority for a town to elect a budget committee without a charter provision creating the budget committee. Under state statutes it is the responsibility of the legislative body (selectboard or school board) to prepare and propose a budget to the town. A legislative body can appoint a budget committee and establish the committee s responsibilities if the board wants to broaden participation in the budget process, but it is a committee that is appointed and serves at the pleasure of the board. 2. Budget committee requires public meeting. A budget committee appointed by the selectboard to prepare or review a proposed budget is a public body subject to the open meeting law. This means that the committee must post and publicly announce its meetings at least 24 hours in advance, keep minutes of each meeting and give the public who attend reasonable opportunity to be heard. 1 V.S.A. 310(3), 312. 3. Towns may vote a specific budget or vote a tax rate. Vermont law gives the selectboard a choice when it formulates its budget for action at town meeting. 17 V.S.A. 2664 provides that a town must vote such sums of money as it deems necessary for the interest of its inhabitants and for the prosecution and defense of the common rights. The law then goes on to permit the board either to express in its vote the specific amounts, or the rate on a dollar of the grand list, to be appropriated for laying out and repairing highways and for other necessary town expenses. We recommend that towns vote the specific amount at town meeting rather than the rate on the dollar of the grand list, since the grand list will likely change between the date of the vote and the date the selectboard must set the tax rate. 4. Fire department may petition for additional funds. In one town the municipal fire department was not satisfied with the selectboard s budget. In their free time, (not during work hours) the fire department circulated and submitted a petition of 5% of the voters for an additional appropriation. (If the budget was voted on the floor they could simply move to amend the budget.) Voter approval of the additional appropriation would add a supplemental amount the selectboard s budget. Note that there is an argument that the selectboard would still have authority to withhold funds allocated to the department in the selectboard s budget as the budget is authority to spend not a requirement to spend. However if an additional amount is voted in a separate article, the board would be bound to spend the money appropriated in the special article for the fire department or not spend it at all. 5. Hunting club or other private organization may not seek municipal appropriation. Public money may not be used to support private groups, like a hunting club, even if the organization submits a petitioned article. Money may be appropriated for social services that are providing social services to residents of the town. These may include, but are not limited to, services for transportation, day care, nutrition, senior citizens, etc.... 24 V.S.A. 2691. 6. Only social service agencies that serve the community may request special appropriations from the town. The general rule is that a town may only spend taxpayer dollars for social service agencies that serve the community. According to 24 V.S.A. 2691 a town or village may appropriate such sums of money as it deems necessary for the support of social service programs and facilities within that town for its residents. Note that, despite the statutory language, the Vermont Supreme Court has held that social service agencies physically located outside the municipality may be considered to be social programs within the village or town if the agency serves the residents of the municipality. Addison County Community Action Group v. City of Vergennes, 152 Vt. 161 (1989) (this case also extended 2691 to cities.) Office of the Vermont Secretary of State 3

Opinions of Opinions...continued from page 3 7. Social service agency does not have to petition if selectboard agrees to warn article on its own motion. An organization s request for a town appropriation can be placed on the ballot in one of two ways. An agency can bring a petition, signed by 5% of the voters, to the selectboard not later than the 40th day before the date of the meeting we strongly suggest that petitions are presented earlier than this deadline. 17 V.S.A. 2642(a). In the alternative, the selectboard may, on its own motion, include in the warning appropriations for non-profits that serve the town. Some selectboards have an established policy about when it will include an appropriation request on the warning without petition. A typical policy is to automatically place on the warning the previous year s appropriations. In these towns, any non-profit that had not previously been given funds by the town, or an organization that requests an increase in funding must still petition the town to get on the ballot. A selectboard can revise its policy from year to year. 8. Two or more social service agencies can join together in one petition. However, we strongly suggest that each individual agency s request is listed in a separate petitioned article for the warning. 9. A town may vote to hire an accountant in lieu of elected auditors. 17 V.S.A. 2651b. Municipalities may vote by paper ballot (or Australian ballot in towns that have voted to do all public questions by Australian ballot) to eliminate the office of auditor. In such a case the selectboard must contract with a public accountant (CPA). If a town passes such an article at the annual town meeting, then the term of office for any auditor in office on the date a town so votes shall expire on the 45th day after the vote or on the date when the selectboard enters into a contract with the CPA, whichever occurs first. 17 V.S.A. 2651b(b). 10. The town auditors must prepare the Town Report and have it mailed or otherwise distributed at least 10 days prior to Town Meeting. 24 V.S.A. 1682(a). If a town has voted to eliminate the office of auditor, the findings of the public accountant must be mailed or otherwise distributed by the selectboard at least ten days prior to Town Meeting. 11. If the warning for Town Meeting is not included in the Town Report and mailed or otherwise distributed to the voters at least 10 days before Town Meeting, then the warning must be published in a newspaper of general circulation in the municipality at least five days before the meeting. 17 V.S.A. 2641(b). 12. The voters can vote to rescind a previous action to increase the school board directors in order to reduce the number of school board members from 5 members to 3 members. 16 V.S.A. 423(a). The warning would include an article, Shall the Town School District of XXXX rescind its previous action to increase the school board to five members and return to a three member board. If this article passes, the two school board members who are serving either one or two year terms will finish the term to which they were elected. At the end of their terms, the two additional school board offices would be discontinued. This article would be considered a public question, so the vote would be by voice vote unless the district had previously voted to handle all public questions or this particular question by Australian ballot. 13. Local candidate s who raise and/or spend over $500 in local campaigns must file campaign finance reports with the Town Clerk ten days before the election and ten days after the election. 17 V.S.A. 2822. Last year several candidates exceeded the threshold. Please remind local candidates of the campaign finance law and the necessity to file. 4 Opinions Vol. 15, #1

Civics Behind the Scenes Civics Education Testing Only Required in 9 States For High School Graduation: Circle Study A study by the Center for Information and Research on Civil Learning & Engagement at Tufts University has found that most states do not emphasize civic education, which includes learning about citizenship, government, law, current events and related topics. In the current school year, 21 states require a state-designed social studies test a significant decrease from 2001, when 34 states conducted regular assessments on social studies subjects. Only nine states require students to pass a social studies test to graduate from high school: Alabama, Georgia, Mississippi, New Mexico, New York, Ohio, South Carolina, Texas, and Virginia. Georgia s will be phased out, but Maryland and Florida are slated to add high-stakes tests. Although 39 states require at least one course in American government or civics, only eight states administer statewide, standardized tests specifically in civics/american government: California, Indiana, Kansas, Kentucky, Missouri, Ohio, Virginia, and West Virginia. Of those, Ohio and Virginia are the only ones that require students to pass said test in order to graduate from high school. The study also points out that since 2000, social studies assessments have shifted from a combination of multiplechoice and performance tasks like essays to almost exclusively multiple-choice exams. States are, to a greater extent, using multiple-choice only tests that focus primarily on memorizing information, rather than demonstrating civic skills, the report states. The shift away from civic education over the past decade can be partially attributed to federal policies like No Child Left Behind and Race to the Top. According to CIRCLE, recent research suggests states have shifted educational resources away from social studies toward subjects that appear on statewide assessments. Social studies courses such as history, civics, and economics provide students with the necessary civic skills and knowledge to be effective 21st century citizens, the report concludes. However, since the passage of No Child Left Behind, many states have shifted focus away from social studies and have dramatically reduced the number of social studies assessments. According to a poll conducted from June 22-July 2, 2012 by CIRCLE for the Youth Education Fund, 80 percent of the young voters surveyed were either unable to answer or were incorrect about their state s early registration rules suggesting a lack of emphasis given to current events and voting in state civics requirements. The study comes on the heels of a Roper survey that indicated many college graduates are lacking in American History literacy. Two viral videos from earlier this year also suggested current students do not possess a basic understanding of current events and political figures. This article was taken from the Huffington Post's Education website. It was posted on October 21, 2012. The article, complete with links to study sources can be found here: http://www.huffingtonpost.com/2012/10/12/circle-study-finds-most-s_n_1959522.html Office of the Vermont Secretary of State 5

Elections Calendar January 2013 January 4, 2013 (Friday) Last day to warn the first public hearing if charter adoption, amendment or repeal is to be voted at town meeting (60 days before town meeting). 17 V.S.A. 2641(a), 2645(a)(3) and (6) January 24 (Thursday) First day town clerks may post warnings for town meeting (40 days before the meeting). 17 V.S.A. 2641(a) Last day for receipt of petitioned articles to be added to the town meeting warning. (Petitions must have been signed by five percent (5%) of the legal voters of the municipality.) 17 V.S.A. 2642(a) Last day for board of civil authority to designate polling places and, if necessary, divide the checklist according to geographic boundaries. 17 V.S.A. 2501(a) Official copy of proposed charter amendments must be filed in town clerk s office by this date if vote is to be taken on town meeting day (10 days before first public hearing). 17 V.S.A. 2645(a)(2) January 28 (Monday) In Australian ballot towns, nominating petitions for town offices must be filed with the municipal clerk no later than 5:00 p.m. (sixth Monday before the election). A nominating petition must be signed by 30 voters or one percent of the legal voters, whichever is less. 17 V.S.A. 2681(a) and (b) January 29 (Tuesday) In Australian ballot towns, town clerks receiving petitions for candidates running for municipal office must return any defective petitions to the candidate (within 24 hours of receipt). 17 V.S.A. 2681(e) January 30 (Wednesday) In Australian ballot towns, a candidate may withdraw by notifying the municipal clerk in writing no later than 5:00 p.m. (Wednesday after the filing deadline). 17 V.S.A. 2681(d) 6 Opinions Vol. 15, #1

Elections Calendar January 30th, continued... In Australian ballot towns, supplementary petitions for municipal candidates whose original petitions were defective must be filed no later than 5:00 p.m. (Wednesday after the filing deadline). 17 V.S.A. 2681(e) In Australian ballot towns, candidates for municipal office must file a consent of candidate form with the municipal clerk by 5:00 p.m. (Wednesday after the filing deadline). 17 V.S.A. 2681(a) January 31 (Thursday) Last day for U.S. Congressional candidates to file FEC non-election year year-end report. (July 1-Dec. 31). 2 U.S.C. 434(a)(2)(B) February 2013 February 3 (Sunday) This is the last day that the warning and notice for town meeting may be posted (30 days before the election). 17 V.S.A. 2521(a) and 2641(a) Checklist must be posted in two or more public places in the town in addition to being posted at the town clerk's office in towns with population over 5,000. In towns with a population of less than 5,000, the checklist must only be posted in one place in addition to the clerk's office. 17 V.S.A. 2141, 2521(a) Last day to hold first public hearing on charter amendments if article is to be voted at town meeting. First public hearing shall be at least 30 days before the meeting. 17 V.S.A. 2645(a)(3) February 13 (Wednesday) In Australian ballot towns, ballots for local officers and local public questions shall be prepared by the town clerk and available not later than 20 days before the election. 17 V.S.A. 2681a(a) February 22 (Friday) Last day for legislative body to post warning for public informational hearing (to be held on or before 3/4/12) on public question to be voted by Australian ballot at a town meeting. 17 V.S.A. 2680(g) Office of the Vermont Secretary of State 7

January 2013 128 State Street Montpelier, VT 05633-1101 802-828-2363 www.sec.state.vt.us 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 email. Send us a note via fax: 802-828-2496 email: secretary@sec.state.vt.us or post: 128 State Street, Montpelier, VT 05633-1101. 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!