§ 1. Corporate existence
(a) Pursuant to the authority granted by the General Assembly of the State of Vermont,
there is hereby enacted a charter to govern the organization and operation of local
government in the Town of Jericho, Vermont.
(b) The inhabitants of the Town of Jericho, within the geographical limits as now established,
shall continue to be a municipal corporation by the name of Jericho, Vermont. (Added 2005, No. M-9 (Adj. Sess.), § 2, eff. Feb. 24, 2005.)
§ 2. General provisions
(a) General law application. Except when changed, enlarged, or modified by the provisions of this charter, all
provisions of the statutes of the State of Vermont relating to municipalities shall
apply to the Town of Jericho.
(b) Powers of the Town.
(1) General. The Town of Jericho shall have all the powers granted to towns and municipal corporations
by the Constitution and laws of the State of Vermont and this charter, together with
all the implied powers necessary to carry into execution all the powers granted. The
Town of Jericho may enact ordinances not inconsistent with the Constitution of the
State of Vermont, laws of the State of Vermont, or this charter, and impose penalties
for violation thereof.
(2) Limitations. In this charter, any mention of a particular power shall not be construed to restrict
the scope of the powers that the Town would have if the particular power were not
mentioned, unless this charter otherwise provides.
(3) Reservation of powers to the Town. Nothing in this charter shall be construed to in any way limit the powers and functions
conferred on the Town of Jericho, the Selectboard of the Town, or its elected or appointed
officers by general or special enactment of State statutes or regulations in force
or effect or hereafter enacted, and the powers and functions conferred by this charter
shall be cumulative and in addition to the provisions of the general or special enactment
unless this charter otherwise provides.
(4) Open meetings. Meetings of all Town boards and commissions shall be open and held in accordance with
the general law of this State relating to public meetings. The records of all official
proceedings shall be available for public inspection and copying as provided by the
general law of this State. (Added 2005, No. M-9 (Adj. Sess.), § 2, eff. Feb. 24, 2005.)
§ 3. Elected officers
(a) Except as otherwise provided by this charter, the elected officers of the Town of
Jericho shall be those required for towns by State law, and they shall be elected
by Australian ballot.
(b) The officers shall exercise all powers and perform all duties necessary or required
to carry out the provisions of this charter as well as those provided by State law
generally. (Added 2005, No. M-9 (Adj. Sess.), § 2, eff. Feb. 24, 2005.)
§ 4. Additional Selectboard members
The Town of Jericho may vote by Australian ballot to elect not more than two additional
members of the Selectboard, as provided in 17 V.S.A. § 2650; provided, however, that a vote to authorize the election of additional members or
to reduce the number of members to no less than three shall be called only upon receipt
by the Selectboard of a petition signed by not less than 15 percent of the registered
voters of the Town. (Added 2005, No. M-9 (Adj. Sess.), § 2, eff. Feb. 24, 2005.)
§ 5. Appointed officers
(a) In addition to all other offices that may be filled by appointment by the Selectboard,
pursuant to State law, or this charter, the Selectboard shall appoint the following
Town officers, who shall serve for such terms as the Selectboard may establish in
its act of appointment or until the office otherwise becomes vacant:
(1) a Town Treasurer who shall not simultaneously hold any elective office within Town
government;
(2) a Delinquent Tax Collector;
(3) three Town listers.
(b) The Selectboard shall adopt, and revise from time to time, a general statement of
the qualifications and job descriptions necessary to perform the duties and responsibilities
of each of the appointed Town offices. The Selectboard shall appoint the candidate
who, in its judgment, best meets the qualifications for each office, giving due consideration
to individuals who have expressed a commitment to serving the best interests of the
Town. Appointed officers shall exercise all the powers and duties necessary to carry
out the provisions of this charter as well as those provided by State law generally.
(c) The Selectboard may adopt a job description for the position of Town Administrator
and may appoint a Town Administrator, who shall not simultaneously hold an elective
office within the Town.
(d) The Selectboard shall advertise notice of a vacancy in any appointed Town office,
which shall include posting in the office of the Town Clerk and in two or more public
places within the Town and publication in a newspaper of general circulation. The
notice shall also include a description of the qualifications necessary to be considered
for appointment.
(e) All appointed officers shall be employees of the Town of Jericho, subject to all personnel
and employment rules, regulations, and policies of the Town. Any appointed official
is eligible to apply for reappointment at the expiration of his or her term of office,
but failure by the Selectboard to make such reappointment shall not be construed as
discharge from employment. (Added 2005, No. M-9 (Adj. Sess.), § 2, eff. Feb. 24, 2005.)
§ 6. Removal of elected Town officers
Any elected Town officer may be removed from office subject to the following conditions
and procedures:
(1) A written petition, signed by not less than 15 percent of the registered voters of
the Town, seeking the removal of such Town officer or officers, and requesting a vote
of the Town at a regular or special meeting called for the purpose, shall be filed
with the Selectboard and the Town Clerk.
(2) Within 15 days after receipt of the petition, the Selectboard shall warn a special
Town meeting, or if the annual meeting is to occur within 45 days of the filing of
the petition, include an article in the warning for the annual meeting, for the purpose
of voting, by Australian ballot, on whether the officer or officers shall be removed
from office.
(3) The officer or officers shall be removed from office only if at least as many registered
voters of the Town cast votes in the special Town meeting or annual meeting as voted
in the election wherein the officer subject to the vote of removal was originally
elected.
(4) Removal shall require a majority of the votes cast at the regular or special Town
meeting.
(5) If an officer is removed according to the foregoing procedure, the officer shall forthwith
cease to hold office and the office shall become vacant. The vacancy shall be filled
as provided by law and this charter.
(6) Only one petition for removal may be filed against any given elected officer during
any 12-month period of his or her term of office. (Added 2005, No. M-9 (Adj. Sess.), § 2, eff. Feb. 24, 2005.)
§ 7. Conflict of interest
(a) No elected or appointed officer or employee of the Town or member of any Town board
or commission shall be beneficially interested directly or indirectly in any matter
requiring the discharge of his or her public office. The purpose of this section is
to prohibit the use of public office for financial or other advantage, whether direct
or indirect, by any means or methods.
(b) No elected or appointed officer of the Town shall be beneficially interested directly
or indirectly, in any contract with the Town, regardless of the amount or furnish
any material or perform any labor, except in the discharge of his or her official
duties, unless the contract shall have been awarded upon bids advertised for publication.
The publication shall be at least two times in a newspaper having general circulation
in the Town; the second and subsequent publications shall be at least seven days prior
to the opening of such bids.
(c) No officer or employee of the Town shall take part in any decision concerning the
business of the Town in which he or she has a direct or indirect financial interest
greater than any other citizen or taxpayer in the Town aside from his or her salary
as an officer or employee. This provision shall not apply in the event of any emergency
where immediate action shall be deemed more important to the Town than receipt of
formal bids.
(d) Nothing in this section shall be construed to require the Town to take bids on contracts
generally, under circumstances wherein no officer or employee has a direct or indirect
interest in the contract. (Added 2005, No. M-9 (Adj. Sess.), § 2, eff. Feb. 24, 2005.)
§ 8. Separability
If any provision of this charter is held invalid, the other provisions of the charter
shall not be affected thereby. If the application of the charter or any of its provisions
to any person or circumstances is held invalid, the application of this charter and
its provision to other persons or circumstances shall be affected thereby. (Added 2005, No. M-9 (Adj. Sess.), § 2, eff. Feb. 24, 2005.)
§ 9. Amendment
The amendment of this charter shall be as provided by Vermont law. (Added 2005, No. M-9 (Adj. Sess.), § 2, eff. Feb. 24, 2005.)
§ 10. Effective date
This charter shall take effect upon passage by the General Assembly, and all appointed
offices that were formerly elected offices (Town Treasurer and listers) shall thereupon
become appointed offices, even if nominating petitions have been filed for election
at the year 2006 annual Town meeting. However, the unexpired term of any person elected
to office at, or prior to, the year 2006 annual Town meeting shall nevertheless be
completed. (Added 2005, No. M-9 (Adj. Sess.), § 2, eff. Feb. 24, 2005.)