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Subchapter 002: JOINT SURVEY COMMITTEES
§ 4831. Creation of committee
The legislative branch of any two or more municipalities may by agreement create a
joint municipal survey committee to plan for the strengthening of local governments
and to promote plans for more efficient and economical operation of local government
services within or by the participating municipalities. For purposes of establishing
a mosquito control district under 6 V.S.A. chapter 85, a municipality may create a
municipal survey committee under this section with all the powers and duties that
a joint municipal survey committee possesses under this chapter. (Added 1969, No. 197 (Adj. Sess.), § 1; amended 2007, No. 34, § 2, eff. May 18, 2007.)
§ 4832. Powers and duties
The committee shall have the following powers for any of the purposes authorized by
charter or general statute:
(1) To make surveys and studies and conduct research programs to enable municipalities
to make the most efficient use of their powers by cooperation with other municipalities
on a basis of mutual advantage, and thereby to provide services and facilities in
a manner and pursuant to forms of governmental organization that will accord best
with geographic, economic, population, and other factors influencing the needs and
development of municipalities.
(2) To provide for the distribution of information resulting from such surveys, studies,
and programs.
(3) To consult and cooperate with appropriate State, municipal, and public or private
agencies in matters affecting municipal government.
(4) To employ persons and adopt rules, regulations, and by-laws as are necessary and proper
to effectuate the purposes of this chapter. (Added 1969, No. 197 (Adj. Sess.), § 1.)
§ 4833. Officers
The members of a joint municipal survey committee shall consist of an equal number
of representatives from each municipality designated by the legislative branch. Members
of the legislative branch of a municipality may serve as members of the committee.
The committee shall elect from its own number a chair and secretary and other necessary
officers to serve for such period as the members shall decide. (Added 1969, No. 197 (Adj. Sess.), § 1; amended 2003, No. 122 (Adj. Sess.), § 85g.)
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Subchapter 003: UNION MUNICIPAL DISTRICTS
§ 4861. Authorization
If a joint municipal survey committee approves the creation of a union municipal district,
it shall prepare an agreement for the formation of the district and shall file a copy
with the legislative body, planning commission, and clerk of each participating municipality. (Added 1969, No. 197 (Adj. Sess.), § 1; amended 1973, No. 250 (Adj. Sess.), § 1.)
§ 4862. Contents of agreement
Any agreement for the creation of a union municipal district shall specify the following:
(1) Its duration, if it is to be limited in time.
(2) The precise organization, composition, and nature of any separate legal or administrative
entity created thereby, with the powers delegated thereto.
(3) Its purposes.
(4) The manner of election or designation of officers of the district, and the powers
and duties thereof.
(5) The means of establishing a budget and financing the union municipal district, and
the method, if so provided, for assessing the member municipalities or the taxpayers
thereof for the expenses of the district.
(6) The permissible method or methods to be employed in accomplishing the partial or complete
termination of the agreement and for disposing of property thereon.
(7) The manner in which the agreement may be amended or renewed, where applicable.
(8) The conditions and procedure under which a municipality may withdraw from a union
municipal district or join a district already in operation.
(9) Any other necessary and proper matters. (Added 1969, No. 197 (Adj. Sess.), § 1; amended 1973, No. 250 (Adj. Sess.), § 2.)
§ 4863. Approval of agreement
(a) Any participating municipality may enter into the agreement for the formation of the
union municipal district at any annual or special meeting of such municipality duly
warned for such purpose.
(b) The vote on the question of accepting the agreement shall be by printed ballot substantially
as follows:
Shall the (name of municipality) enter into an agreement for the formation of a union municipal district to be known
as “ ”.
(c) All elections in the separate municipalities shall be held on the same day. The vote
shall be by Australian ballot as provided for in 17 V.S.A. chapter 55, subchapter 3.
(d) Where three or more municipalities are concerned in the voting, and at least two approve
the agreement, rejection of the agreement by one or more shall not defeat the creation
of a district composed of the municipalities voting affirmatively on the question,
if the joint survey committee decides that it is feasible or practical to continue
the district as a geographic unit, unless the agreement as proposed expressly provides
that specific participating municipalities or a minimum number of participating municipalities
shall approve the agreement. Members from municipalities rejecting the agreement may
take no part in the decision of the joint survey committee, or in any subsequent matters
relating to the agreement rejected by the municipalities they represent.
(e) The governing body of the district may authorize the inclusion of additional municipalities
outside of the district. Any authorized municipality may take action to enter into
the district according to the approval procedures contained herein.
(f) A municipality which is a member of a union municipal district may vote to withdraw
from the union municipal district if one year has elapsed since said union municipal
district has become a body politic and corporate as provided in section 4865 of this title and if the union municipal district has not voted to bond for construction and improvements
as provided in section 4866 of this title.
(g) When a majority of the voters of a member municipality present and voting at a meeting
of such municipality duly warned for that purpose shall vote to withdraw from a union
municipal district, the vote shall be certified by the clerk of that municipality
to the governing body of the union municipal district. Thereafter, the governing body
of the union municipal district shall give notice to the remaining member municipalities
of the vote to withdraw and such body shall hold a meeting to determine whether it
is in the best interests of the district to continue to exist. Representatives of
the member municipalities shall be given an opportunity to be heard at such meeting
together with any other interested persons. After such meeting, the governing body
may declare the district dissolved immediately or as soon thereafter as each member
municipality’s financial obligations have been satisfied, or it may declare that the
district shall continue to exist despite the withdrawal of the member municipality.
(h) A vote of withdrawal taken after a union municipal district has become a body politic
and corporate but less than one year after that date shall be null and void. A vote
of withdrawal taken after the union municipal district has voted to bond itself for
construction and improvements shall likewise be null and void.
(i) The membership of the withdrawing municipality shall terminate as of one year following
the vote to withdraw or as soon after such one year period as the financial obligations
of said withdrawing municipality have been paid to the union municipal district. (Added 1969, No. 197 (Adj. Sess.), § 1; amended 1973, No. 250 (Adj. Sess.), § 3; 2001, No. 6, § 12(c), eff. April 10, 2001; 2003, No. 122 (Adj. Sess.), § 85h.)
§ 4864. Employee organizations; police employees; State Labor Relations Board
If an employee organization is the exclusive bargaining representative of employees
in one or more participating municipalities in a proposed agreement to create a union
municipal district for the purpose of providing services currently provided by these
employees, any questions of unit determination or representation involving these employees
shall be resolved by the State Labor Relations Board pursuant to 21 V.S.A. chapter
22. (Added 2003, No. 122 (Adj. Sess.), § 85i.)
§ 4865. Organization
Upon the approval of the agreement by the required number of municipalities as provided
in section 4863 of this title, the union municipal district shall become a body politic and corporate with the
powers incident to a public corporation. The district shall be known by the name given
in the agreement, by that name may sue and be sued, and may hold and convey real and
personal estate for the use of the district. (Added 1969, No. 197 (Adj. Sess.), § 1; amended 1973, No. 250 (Adj. Sess.), § 4.)
§ 4866. Powers and duties
A union municipal district may:
(1) Hire and fix the compensation of employees.
(2) Contract with consultants and other experts for services.
(3) Contract with the State of Vermont or the federal government, or any agency or department
thereof, for services.
(4) Contract with any participating municipality for the services of any officers or employees
of that municipality useful to it.
(5) Contract with a county sheriff to provide law enforcement services to the union district.
(6) Promote cooperative arrangements and coordinated action among its participating municipalities.
(7) Make recommendations for review and action to its participating municipalities and
other public agencies which perform functions within the region in which its participating
municipalities are located.
(8) Exercise any other powers which are exercised or are capable of exercise by any of
its participating municipalities, and necessary or desirable for dealing with problems
of mutual concern.
(9) Borrow money and issue evidence of indebtedness as provided by chapter 53 of this
title. Obligations incurred under such chapter shall be the joint and several obligations
of the district and of each member municipality but shall not affect any limitation
on indebtedness of a member municipality. The cost of debt service shall be included
in the annual budget of the district, and shall be allocated among the member municipalities
as provided in the agreement for the allocation of the assessment for the ordinary
expenses of the district. Where voter approval is required pursuant to chapter 53
of this title, the governing body of the district shall determine the number and location
of polling places, and when a majority of all the voters present and voting on the
question from all of the member municipalities at such meeting vote to authorize the
issuance of bonds, the district shall be authorized to issue the bonds as provided
in said chapter. The counting of ballots shall be conducted by the governing board
of the district together with the town or city clerk from each member municipality
or his or her designee. (Added 1969, No. 197 (Adj. Sess.), § 1; amended 1973, No. 250 (Adj. Sess.), § 6; 2003, No. 122 (Adj. Sess.), § 85j.)
§ 4867. Cooperation with other agencies
Whenever a union municipal district intends to operate in a geographical area which
may involve other governmental agencies acting in a regional capacity, it shall notify
that governmental agency of its plans and intentions. (Added 1969, No. 197 (Adj. Sess.), § 1.)
§ 4868. Reports
Each union municipal district shall prepare an annual report of its activities, including
a financial statement, to be distributed to its member municipal units, and shall
prepare and distribute any other reports required by its by-laws. (Added 1969, No. 197 (Adj. Sess.), § 1.)
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Subchapter 004: INTERLOCAL CONTRACTS
§ 4901. Authorization
(a) Any one or more municipalities may contract with any one or more other municipalities
to perform any governmental service, activity, or undertaking which each municipality
entering into the contract is authorized by law to perform, provided that the legislative
body of each municipality approves the contract, and expenses for such governmental
service, activity, or undertaking are included in a municipal budget approved under
17 V.S.A. § 2664 or comparable charter provision.
(b) If the interlocal contract is such that the participating municipalities or their
legislative bodies, commissions, boards, officers, or voters have the authority to
enter into it, by virtue of any charter provision, statute, or the general authority
of such municipality or its officers and bodies, then the procedures of this section
for approval shall not be exclusive, it being the intent that the powers and procedures
set forth in this subchapter for interlocal contracts are supplementary to any other
powers or procedures heretofore or hereafter possessed by any municipality.
(c) A municipality may submit an interlocal contract to the Attorney General prior to
approval by its legislative body. If such a contract is submitted, the Attorney General
shall determine whether the contract is in proper form and compatible with the laws
of this State and notify the legislative body of the municipality of his or her determination.
In the event that the Attorney General does not respond to the request within 30 days
after receipt of a copy of the contract, the legislative body may approve the contract. (Added 1969, No. 197 (Adj. Sess.), § 1; amended 1973, No. 250 (Adj. Sess.), § 5; 2003, No. 122 (Adj. Sess.), § 85k.)
§ 4902. Contents of contract
(a) The contract shall set forth fully the purposes, powers, rights, and objectives, and
responsibilities of the contracting parties.
(b) The contract may provide:
(1) That one person shall hold the same office or offices in the participating municipalities,
notwithstanding any provision of law to the contrary.
(2) The method of choosing officers by election or appointment, the term of office, the
compensation of, or mode of setting the compensation of, and the authority to discharge,
a person holding office under subdivision (1) of this subsection.
(3) For any duly constituted local or regional board to have jurisdiction in all the municipalities.
(4) For a transfer of a local service function or activity or a portion thereof, previously
authorized or exercised by a municipality, to another municipality.
(5) For the acquisition and maintenance of property, forces, and services which the municipalities
participating in the contract are authorized by law to acquire and maintain.
(6) For the use of any property, equipment, or personnel of a municipality that is a party
to the contract in connection with a joint service or activity authorized by the terms
of the contract.
(7) For the deposit of funds appropriated, received, or contributed for purposes of any
joint municipal activity or service in one or more special bank accounts, and for
designation of persons authorized to have custody of and to draw on such funds.
(8) For the exercise of any powers consistent with law in order to carry out the purposes
contemplated in the contract. (Added 1969, No. 197 (Adj. Sess.), § 1.)
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Subchapter 005: OUTSIDE AID
§ 4931. Source of funds
Any union municipal district may accept, receive, and disburse in furtherance of the
duties and functions, any funds, grants, and services made available by the State
of Vermont and its agencies, the federal government and its agencies, any municipality
or other governmental unit whether or not a member of the district, or private or
civic sources. (Added 1969, No. 197 (Adj. Sess.), § 1.)
§ 4932. Technical assistance
The State and all departments, boards, bureaus, commissions, and other agencies thereof
are hereby authorized and empowered, within the limitations of the constitution, to
furnish and make available services, assistance, funds, property, and other incentives
to any two or more municipalities participating in a union municipal district or interlocal
contract so as to effectuate economy or simplification in the administration or financing
thereof. (Added 1969, No. 197 (Adj. Sess.), § 1.)
§ 4933. Municipal contributions
Each municipality that is a party to an interlocal contract shall have authority to
appropriate funds for the purpose of the contract and may also levy taxes and issue
bonds for the payment of the appropriation as a special purpose. Services of personnel,
use of equipment and office space, and other services may be accepted from contracting
municipalities either in addition to or as part of their financial support. (Added 1969, No. 197 (Adj. Sess.), § 1.)
§ 4934. Repealed. 1973, No. 250 (Adj. Sess.), § 7, eff. July 1, 1974.
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Subchapter 006: INTERMUNICIPAL INSURANCE AGREEMENTS
§ 4941. Definitions
As used in this subchapter:
(1) “Association” shall mean an association, compact, or corporation, any of which shall
be organized not for profit, and formed for the purpose of entering into intermunicipal
insurance agreements under this subchapter.
(2) “Municipality” shall mean “municipality” as defined in section 4801 of this title, but shall also include the following:
(A) all governmental entities defined in 1 V.S.A. § 126 and in subdivision 1751(1) of this title;
(B) all bodies corporate and politic created and existing under any special act of the
General Assembly;
(C) all bodies corporate and politic created and existing under an interstate compact;
(D) all bodies corporate and politic created under intermunicipal agreements entered into
and approved as provided in subchapter 3 of chapter 121 of this title;
(E) all supervisory unions created under 16 V.S.A. chapter 7, subchapter 1;
(F) all incorporated school districts;
(G) all entities providing educational services and eligible for State aid under 16 V.S.A. § 3447;
(H) all consolidated water and sewer districts;
(I) all ambulance districts created under subchapter 1 of chapter 71 of this title;
(J) all regional mass transportation authorities created under chapter 127 of this title;
(K) all local housing authorities created under section 4003 of this title;
(L) all conservation commissions created under section 4501 of this title;
(M) all special assessment or tax increment financing districts created under subchapter
5 of chapter 53 of this title;
(N) all counties established by chapter 1 of this title;
(O) all regional planning commissions established under chapter 117 of this title;
(P) all instrumentalities and agencies of the foregoing. (Added 1985, No. 237 (Adj. Sess.), § 1, eff. June 3, 1986.)
§ 4942. Contents of agreement
Two or more municipalities, by resolution of their respective legislative bodies or
boards, may establish and enter into agreements for obtaining or effecting insurance
by self-insurance, for obtaining or effecting insurance from any insurer authorized
to transact business in this State as an admitted or surplus lines carrier, or for
obtaining and effecting insurance secured in accordance with any other method provided
by law, or by combination of the provisions of this section for obtaining and effecting
insurance. Agreements made pursuant to this section may provide for pooling of self-insurance
reserves, risks, claims and losses, and of administrative services and expenses associated
with the same, among municipalities. To accomplish the purposes of this subchapter,
two or more municipalities may form an association under the laws of this State to
develop and administer an intermunicipal risk management program, having as its purposes
reducing the risk of its members; safety engineering; distributing, sharing, and pooling
risks; acquiring insurance, excess loss insurance, or reinsurance; and processing,
paying, and defending claims against the members of such association. (Added 1985, No. 237 (Adj. Sess.), § 1, eff. June 3, 1986.)
§ 4943. Contributions
Any contributions made to such association for the purpose of distributing, sharing,
or pooling risks shall be made on an actuarially sound basis, and any such association
shall have its books, records, and financial affairs audited annually by a certified
public accountant, copies of which shall be provided to each municipal member and
the Commissioner of Financial Regulation. (Added 1985, No. 237 (Adj. Sess.), § 1, eff. June 3, 1986; amended 1989, No. 225 (Adj. Sess.), § 25(b); 1995, No. 180 (Adj. Sess.), § 38(a).)
§ 4944. Approval of agreements
(a) No association organized under this subchapter shall receive funds from any municipality
for the purpose of distributing, sharing, or pooling any risk until a plan for the
operation of the association together with all contracts, agreements, and any other
documents underlying or implementing the plan, and all amendments thereto, have been
approved by the Commissioner of Financial Regulation.
(b) The Commissioner shall adopt rules to assist in the formation of such associations
and to expedite approval of any plan of operation. The Commissioner shall also adopt
rules relating to the administration and operation of such associations in order to
provide for the fiscal integrity of agreements entered into under section 4942 of this title and to provide that trade, market, and claim practices engaged in by such associations
are equitable, fair, and consistent. In adopting such rules, the Commissioner shall
recognize that such associations are undertaking an essential governmental function
and that they shall not be considered insurance companies nor insurers under the laws
of this State. (Added 1985, No. 237 (Adj. Sess.), § 1, eff. June 3, 1986; amended 1989, No. 225 (Adj. Sess.), § 25(b); 1995, No. 180 (Adj. Sess.), § 38(a).)
§ 4945. Inapplicability of other laws
The provisions of section 4863 of this title shall not apply to the formation of an association organized under this subchapter,
nor to the participation therein by a municipality. (Added 1985, No. 237 (Adj. Sess.), § 1, eff. June 3, 1986.)
§ 4946. Declaration of policy
The General Assembly hereby finds and declares that the implementation of this subchapter
by any municipality and the activity of any association organized pursuant to this
subchapter shall constitute essential governmental functions. Participation by a municipality
in an agreement or association established pursuant to this subchapter shall not create
joint and several liability as a result of any act or omission of any other municipality
or association, nor shall such participation constitute a waiver of sovereign immunity
under 29 V.S.A. § 1403. (Added 1985, No. 237 (Adj. Sess.), § 1, eff. June 3, 1986.)
§ 4947. Health benefit plans offered to entities providing educational services
(a) As used in this section:
(1) “Health benefit association” means an association that offers one or more health benefit
plans to school employers for coverage of their school employees.
(2) “School employee” shall have the same meaning as in 16 V.S.A. § 2101.
(3) “School employer” shall have the same meaning as in 16 V.S.A. § 2101.
(b) A health benefit association shall offer the same plan or plans to all school employers.
(c) A health benefit association shall solicit the input of the Commission on Public School
Employee Health Benefits established in 16 V.S.A. § 2102 regarding the design of the health benefit plan or plans to be offered to school
employers for coverage of their school employees.
(d) The governing board of a health benefit association shall be composed of the following
six members:
(1) three members appointed by the organization representing the majority of the public
school boards in this State, who shall not be employees of the organization; and
(2) three members appointed by the labor organization representing the greatest number
of public school employees in the State, who shall not be employees of the organization.
(e) A health benefit association shall make all health benefit plans that it offers available
to approved or recognized independent schools operating in Vermont. Participation
shall not create joint and several liability as a result of any act or omission of
any other school, municipality, or association. Schools that participate under this
section shall be provided with copies of the annual audit. The provisions of 16 V.S.A. § 166 shall apply for purposes of determining whether a school qualifies as an “approved
or recognized independent school.” (Added 1997, No. 138 (Adj. Sess.), § 20a, eff. April 27, 1998; amended 2018, No. 11 (Sp. Sess.), § H.25.)