The Vermont Statutes Online

Title 16 Appendix: Education Charters and Agreements

Chapter 011: Essex Junction School District

• Subchapter 001: Purpose, Definitions, Legal Matters, and Miscellaneous Comprehensive Revision 1983

• § 11-1.1. Consolidation

  No. 113 of the Acts of 1872, entitled “An act to establish the Essex Junction Graded School District” (which shall hereafter be called the Essex Junction school district) and all amendments and additions thereto, is hereby amended and consolidated so as to read as follows.

• § 11-1.2. Incorporation of district

  All that portion of the Town of Essex now embraced within the limits of the Essex Junction School District as incorporated by No. 113 of the Acts of 1872, and as has been amended and added thereto and which is also embraced within the limits of the incorporated Village of Essex Junction together with the inhabitants therein is hereby incorporated and made a body politic and corporate and shall hereafter be known by the name of the Essex Junction School District and by that name may use and be used, prosecute and defend in any court, may have a corporate seal and alter it at pleasure, may take, hold, and convey real and personal property and estate, may levy and collect taxes, and generally shall have the rights and liabilities incident to municipal corporations.

• § 11-1.3. Disposition of property

  All property, assets, and liabilities now belonging to the Essex Junction Graded School District shall at the time of the taking effect of this chapter vest in and become property, asset, liability or both, of the Essex Junction School District as incorporated by this chapter.

• § 11-1.4. Definition of district

  Wherever the “District” hereafter appears in this chapter, it shall mean the Essex Junction School District.

• § 11-1.5. Exemption from taxation

  The District shall be exempt from all local taxation in the Town of Essex.

• § 11-1.6. District voter

  A citizen of voting age, as defined by State and federal law, whose name is on the voting list taken in the Village of Essex Junction at the annual assessment next preceding a District meeting or who has attained voting age subsequent to such assessment, shall while residing in the District be a voter in such District.

• § 11-1.7. Inconsistency with general law

  This chapter shall control whenever any general act or law is inconsistent with the provisions of this chapter.

• § 11-1.8. Effect of prior law

  All acts, parts of acts, and bylaws, inconsistent with this chapter, except as herein otherwise provided, are hereby repealed. By the provisions of this chapter, so far as they are the same as those acts hereby amended, shall be construed as a continuation and consolidation of such acts, and not as new enactments.

• § 11-1.9. Implementation of charter

  This chapter shall not become operative or effective until approved, ratified, and adopted by a majority of the legal voters of the Essex Junction School District voting at a duly warned meeting. If this chapter is voted favorably by a majority of the District, that vote shall be certified to the Secretary of State pursuant to 24 V.S.A. § 702 and shall become effective pursuant to the provisions thereof.

• Subchapter 002: Election, Duties, and Powers of Officers of Essex Junction School District

• § 11-2.1. Officers

  The officers shall be a Moderator, five Prudential Committee members composing the Prudential Committee, a Clerk-Treasurer who shall be the same person, and a Collector of Taxes. All officers shall be chosen from legally qualified voters in the District.

• § 11-2.2. Election and terms of officers

  The Moderator and the five Prudential Committee members shall be elected at the annual meeting or on the day following. A Moderator shall be elected every year and shall serve a term of one year. The Moderator’s term of office shall commence on July 1 following his or her election, and shall terminate at midnight, June 30, following election of a successor. One or more persons shall be elected to the Prudential Committee each year. Effective as of the 1994 annual meeting, one of the two seats scheduled that year for election to the Prudential Committee shall be for a term of two years. Effective as of the 1995 annual meeting, one of the two seats scheduled that year for election to the Prudential Committee shall be for a term of two years. All other newly elected Prudential Committee members shall hold office for three year terms. Prudential committee members shall be elected by Australian ballot on the day following the annual meeting as set forth in Vermont law. All officers, excepting the Moderator, the Clerk-Treasurer, and the Collector of Taxes, shall hold office for terms commencing upon their election and terminating upon the election of their successor. The Clerk-Treasurer and the Collector of Taxes shall each be appointed by the Prudential Committee for a term of one year. The appointment shall be made following elections every year and before July 1st. The Clerk-Treasurer and the Collector of Taxes shall each be appointed for a term commencing July 1 following appointment and terminating at midnight on June 30 following the appointment of a successor.

• § 11-2.3. Vacancies

  When an officer resigns, dies, becomes incapacitated, or removes residency from the District, such office shall be considered vacant. When a vacancy occurs in any office, other than the office of Moderator, Clerk-Treasurer, and Collector of Taxes, the Prudential Committee shall forthwith, by appointment, in writing, fill such a vacancy until the election of a successor at the annual meeting next thereafter. At such annual meeting, the voters of the School District shall fill the vacancy in any elected office, other than the office of Moderator, for the remainder of the term. When the office of the Moderator, Clerk-Treasurer, or Collector of Taxes becomes vacant, the Prudential Committee shall forthwith by appointment, in writing, appoint a Moderator, Clerk-Treasurer, or Collector of Taxes to fill such vacancy until midnight of June 30 following election of a successor, in the case of the Moderator’s office, or appointment of a successor, in the case of the Clerk-Treasurer’s office or the Collector of Taxes’ office. All appointments under this section shall be filed and recorded in the office of the Clerk-Treasurer. No person shall be appointed to fill a vacancy in office who would not be eligible for election to such office.

• § 11-2.4. Bonding of officers

  A Prudential Committee member shall not be a Clerk-Treasurer or Collector of Taxes. Before entering upon their duties, the Collector of Taxes and Clerk-Treasurer shall give a bond to the District conditioned for the faithful performance of their duties in such sums as may be required. When the Collector or Clerk-Treasurer for ten days neglects to give a bond as required, the office shall be vacant.

• § 11-2.5. Board of Civil Authority

  The Moderator, Prudential Committee, Clerk-Treasurer, and Justices of the Peace residing in the District shall constitute a Board of Civil Authority in the District. The Board of Civil Authority shall have the same authority and power to abate taxes as the board of civil authority in towns. The Board of Civil Authority shall be responsible for conducting elections and shall decide all questions as to the eligibility of a person to vote in a district meeting. The members of the Board of Civil Authority present and acting at any meeting shall constitute a quorum in which to act.

• § 11-2.6. Moderator

  The Moderator shall preside at the District meeting and in his or her absence, a Moderator Pro Tempora may be elected. As the presiding officer at District meetings, the Moderator shall perform the same duties and have the same authority as moderators at town meetings.

• § 11-2.7. Clerk-Treasurer

  The Clerk-Treasurer of Essex Junction School District shall keep a record of the proceedings of the District and shall have the power to certify the copies of the same and shall perform the duties and have the authority and powers incident to clerks and treasurers of other municipal corporations. All money belonging to the District shall be paid to the Clerk-Treasurer, be safely kept, and paid out by the Clerk-Treasurer only upon orders issued by the Prudential Committee, except as otherwise provided in this chapter.

• § 11-2.8. Collector of Taxes

  Except as modified by this charter, the Collector of Taxes shall perform the same duties and have the same authority and power in the collection of taxes as those given by law to collectors of taxes and collectors of delinquent taxes in towns.

• Subchapter 003: Duties and Powers of Prudential Committee

• § 11-3.1. Duties and powers of Prudential Committee

  The Prudential Committee in addition to other powers and duties specifically assigned and allowed by law for school boards shall:

  (1) Have the management of all business and affairs of the District and all authority and powers necessary for that purpose.

  (2) Elect its own Chair and Clerk and other officers deemed necessary during the first regular Prudential Committee meeting following the annual meeting every year.

  (3) Meet at least once each month, unless otherwise so voted by the Prudential Committee, and only after giving proper notice as to the time and place of the meeting.

  (4) Determine the educational policies of the School District, and prescribe rules and regulations for the conduct and management of the public schools in the District. Such rules and regulations shall be of general application to the District, shall be in writing, codified, and made available to the public. Regulations shall be adopted only at regularly scheduled or specifically scheduled Prudential Committee meetings after giving at least ten days’ public notice of the substance of the proposed regulation. Public notice of the substance of proposed regulations need not include verbatim copies of the proposed regulations, but shall indicate where complete copies may be obtained.

  (5) Have the power to take any action which is required for the sound administration of the School District.

  (6) Subject to the authority vested in the electorate of any School District official, have the possession, care, control, equipping, and management of the property of the School District.

  (7) Have discretion to furnish more than 12 years of instruction to students in deserving cases.

  (8) Relocate or discontinue use of any schoolhouse or facility.

  (9)(A) Examine claims against the District for school expenses and draw orders for such as shall be allowed by it payable to the party entitled thereto. Such orders shall state definitely the purpose for which they are drawn.

  (B) However, it shall be lawful for the Prudential Committee to submit to its Treasurer a certified copy of the pay orders, properly signed by the Clerk and Chair or majority of the Board, showing all bills approved for payment by the Prudential Committee. Such certified copy shall serve as full authority to the Treasurer to make the payments as thus approved. Nothing contained in this subdivision shall preclude the use of a voucher system, or any other system of sound accounting and business procedure, provided that such system reflects the facts as recited in this subdivision.

  (10) Establish a system of accounts for the proper control of School District finances and for stating the annual financial condition of the School District.

  (11) Not less than ten days prior to the District’s annual meeting, prepare and distribute to the electorate a report of the conditions and needs of the District school system, including the Superintendent’s and Treasurer’s annual report for the previous school year and an auditor’s report.

  (12) Annually prepare and include in the annual report a budget for the next school year.

  (13) Upon prior recommendation by the superintendent, employ and dismiss such persons as may be required to carry out the work of the School District.

  (14) Annually on or before August 5, prepare a report for the School District containing, on forms prescribed and furnished by the state, a statement under oath of the actual cash expenditures of the School District for the preceding school year for school purposes, and other such information as the State prescribes. Such report shall be in triplicate, one copy shall be retained by the Superintendent, one copy shall be sent to the School District Clerk-Treasurer, and one copy sent to the State on or before August 15.

  (15) Provide, at the expense of the District, subject to approval of the superintendent, all textbooks, learning materials, equipment, and supplies.

  (16) Exercise all the general powers given to a legislative branch of a municipality.

  (17) By its Chair, or any person designated by the Chair whose appointment is recorded in the minutes of the Prudential Committee, execute contracts on behalf of the School District. Contracts for leases of real or personal property for more than three years or for the purchase and sale of real estate shall be executed only upon prior authorization of the electorate as specified by the laws of the State of Vermont.

  (18) Employ a public accountant to audit the financial affairs of the School District and prepare the annual financial report. The annual financial report shall be included in the annual report each year.

  (19) Be authorized to operate and maintain a recreation program.

  (20) Be authorized to negotiate and execute assessment and taxation agreements between the District and a taxpayer or taxpayers within the District consistent with the applicable requirements of the Vermont Constitution, notwithstanding section 5.1 of this charter and the requirements of the general laws of the State of Vermont.

  (21) Be authorized to exempt from tax business personal property acquired by a taxpayer after September 30, 1995, notwithstanding section 5.1 of this charter and the requirements of the general laws of the State of Vermont. (Amended 2013, No. 92 (Adj. Sess.), § 302, eff. Feb. 14, 2014.)

• Subchapter 004: District Meetings

• § 11-4.1. Annual meeting

  The annual meeting of the District shall be held at an appropriate meeting place within the District on the second Tuesday of May in each year, or at such place or time as the District may vote, but never later than June 15. Annual meetings shall be warned by the Clerk-Treasurer or in case of his or her absence or neglect, by the Prudential Committee.

• § 11-4.2. Special meetings

  Special meetings of the District shall be warned by the School District Clerk, or by the Prudential Committee, either upon its own volition or upon application in writing signed by one percent or more of the legal voters of the District.

• § 11-4.3. Warnings

  A warning for an annual or special District meeting shall be posted in three or more public places in the District not less than 30 and not more than 40 days before the meeting, setting forth the time and place of the meeting and the business to be done.

• § 11-4.4. Parliamentary and voting procedures

  All decisions at District meetings shall be decided by majority vote unless otherwise provided in this chapter. Parliamentary matters shall follow Robert’s Rules of Order as it is from time to time revised.

• Subchapter 005: Financial Matters

• § 11-5.1. Grand list

  The grand list of the Town of Essex composed of the taxable property and estate within the limits of the District shall constitute the grand list of the District. The District may at an annual or special meeting legally warned for that purpose vote to lay and assess a tax on its grand list for school purposes, and all taxes so voted, laid, or assessed shall be paid and collected in the same manner as is proved by law or by this chapter for the payment and collection of town taxes, and the Prudential Committee, Clerk-Treasurer, and Collector of Taxes shall perform the same duties and have the same authority in respect thereto as is provided by law for members of selectboards, treasurers, collectors of taxes, and collectors of delinquent taxes in towns, except that the District shall charge a collection fee of eight percent in addition to any interest owing on any and all tax payments, including installment payments, made after expiration of the time established in the notice of taxes due mailed to each taxpayer as required by law.

• § 11-5.2. Borrowing

  The District may borrow money in any year in anticipation of taxes assessed in such year, in an amount not to exceed 90 percent of the taxes assessed in such year. Such notes or orders, however, must mature within one year from the date thereof and be paid from the taxes assessed and collected in such year.

• § 11-5.3. Issuance of negotiable bonds

  The District is hereby authorized and empowered by a vote of a majority of all voters voting at a legally warned meeting held for that purpose to issue its negotiable bonds or negotiable interest-bearing notes pursuant to State statutes.