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Searching 2017-2018 Session

The Vermont Statutes Online

Title 24 Appendix : Municipal Charters

Chapter 129 : TOWN OF MILTON

Subchapter 007 : OFFICIALS' CONDUCT

(Cite as: 24 App. V.S.A. ch. 129, § 702)
  • § 129-702. Charter Compliance Committee

    (a) A Charter Compliance Committee of three members shall be created to hear allegations from the general public or citizens who feel an elected or appointed board or commission or an elected or appointed official has, unknowingly, violated the charter. The general public or citizen must first give the elected or appointed board or commission or the elected or appointed official an opportunity to correct the alleged violation.

    (b) The Town Manager and the Superintendent of Schools shall be exempt from this section. A violation of the charter by the Town Manager will be brought to the attention of the Selectboard. A violation by the Superintendent will be brought to the attention of the School Board. If the violation is not corrected in a timely manner, the general public or citizen may take action against the appropriate board.

    (c) Biannually, the elected justices of the peace for the Town of Milton will elect three of its members to the Charter Compliance Committee.

    (d) The Charter Compliance Committee shall meet within 10 days of a complaint received in writing by the Town Clerk. If the complaint is against the Town Clerk's office, the complaint shall be filed with the Clerk of the Selectboard.

    (e) The Charter Compliance Committee shall act judiciously in a quasi-judicial capacity. The board, the commission, or the official must be given certain due process protection, including due notice, an opportunity to be heard, and a right to insist that the justices hear the evidence before coming to any conclusion about the nature of the complaint.

    (f) After hearing all parties and reviewing the evidence presented, the Charter Compliance Committee shall issue its facts and findings in a timely manner.

    (g) The Charter Compliance Committee shall verify the validity of the allegation. If it is found that a violation of the charter has occurred, the Committee shall publicly notify the board or commission or public official.

    (h) The board, commission, or public official should have an opportunity to correct the violation in a timely manner, not to exceed 60 days.

    (i) If the board, commission, or public official does not correct the violation in a timely manner, the Charter Compliance Committee shall award one of the following:

    (1) Reprimand (official, board, or commission will be told to abide by the charter).

    (2) Public sanction (Public will be made aware of the violation along with the facts and findings).

    (j) Any officer elected under section 202 of this charter may be removed from office as follows:  A legal petition stating specific cause as cited by the petitioner signed by not less than 15 percent of the registered voters shall be filed with the Town Clerk requesting a vote on whether the elected official shall be removed from the office. The Selectboard in the case of the Town and the School Board in the case of the School shall call a Special Town or School Meeting to be held within 45 days of receiving the petition, to vote on whether the elected officer shall be removed. The officer shall be removed only if at least one-third of the registered voters of the Town vote and a majority of that number vote for removal.