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Subchapter 001: POWERS OF THE TOWN OF MIDDLEBURY
§ 101. Corporate existence retained
The inhabitants of the Town of Middlebury, within the limits as now established, shall
be a municipal corporation by the name of the Town of Middlebury.
§ 102. General law; application
Except when changed, enlarged, or modified by the provisions of this charter, or by
any legal regulation or ordinance of the Town of Middlebury, all provisions of the
statutes of the State of Vermont relating to municipalities shall apply to the Town
of Middlebury.
§ 103. Powers of the Town
(a) The Town of Middlebury shall have all the powers granted to towns and municipal corporations
by the Constitution and laws of this State and this charter, together with all the
implied powers necessary to carry into execution all the powers granted; it may enact
ordinances not inconsistent with the Constitution and laws of the State of Vermont
or with this charter and impose penalties for violation thereof.
(b) The Town may acquire property within or without its corporate limits for any Town
purpose, in fee simple or any lesser interest or estate, by purchase, gift, devise,
lease, or condemnation, consistent with the Constitution and laws of the State of
Vermont and may sell, lease, mortgage, hold, manage, and control such property as
its interest may require consistent with the Constitution and laws of the State.
(c) In this charter, no mention of a particular power shall be construed to be exclusive
or to restrict the scope of the powers that the Town would have if the particular
power were not mentioned, unless this charter otherwise provides.
§ 104. Additional powers
The general grant of authority in section 103 of this charter shall include the following:
(1) To adopt and enforce ordinances relating to the installation of new water lines, new
sewer lines, and equipment necessary for their operation, requiring the installation
of such improvements in a manner specified as a condition precedent to the issuing
of a building permit under any Town ordinance and requiring the apportionment of part
or all the cost of such improvements against property owners benefiting thereby. Special
assessments shall constitute a lien on the property against which the assessment is
made in the same manner and to the same extent as taxes assessed on the grand list
of the Town, and all procedures and remedies for the collection of taxes shall apply
to special assessments.
(2) To adopt and enforce police ordinances regulating or prohibiting the use of firearms,
air rifles, and devices having a capacity to inflict personal injury and the parking,
operation, and speed of vehicles of any kind upon Town and State aid streets and highways,
private and public property, and to regulate or prohibit any activities constituting
a hazard to the safety or health of the public.
(3) To adopt and enforce ordinances relating to the prevention of pollution of air, land,
streams, ponds, and other waterways within the Town.
(4) To adopt and enforce ordinances relating to the cleaning or repair of any premises
that, in the judgment of the Selectboard, is dangerous to the health, welfare, or
safety of the public.
(5) To adopt and enforce ordinances relating to regulation, licensing, or prohibition
of the storage and accumulation of garbage, ashes, rubbish, refuse, and waste materials;
regulation of the removal and disposal of such materials; licensing for revenue and
regulation or prohibition of the collection, removal, and disposal of such materials
by contract or by a Town officer or department now existing or created for that purpose;
establishment of service rates to be paid the Town for such service.
(6) To adopt and enforce ordinances prohibiting and punishing willful injuries to trees
planted for shade, ornament, convenience, or use, public and private, and to prevent
and punish trespassing or willful injuries to or upon public or private buildings,
property, or lands.
(7) To adopt and enforce ordinances relating to codes for building construction, including
also wiring and plumbing.
(8) To adopt and enforce ordinances relating to fire prevention and control.
(9) To adopt and enforce ordinances relating to the use, protection, care, and management
of all public recreation facilities of the Town.
(10) To adopt, amend, repeal, and enforce ordinances relating to the prevention of riots,
noises, nuisances, disturbances, and disorderly assembly and to provide for the enforcement
of penalties for violation or nonperformance.
(11) To adopt and enforce ordinances establishing regulations for signs and billboards.
(12) To adopt and enforce an ordinance related to a special assessment district; such an
ordinance can be considered by the Selectboard only when the request is made by a
petition signed by the owners of two-thirds of the parcels of real property within
the proposed district. If a parcel of land is owned by more than one person, only
one person shall sign on behalf of the owners of the parcel. Such petition shall define
the boundaries of the district, the purpose for which the assessment is to be levied,
and the proposed costs and duration of the levy. In addition to the required notification
in subsection 107(a) of this charter, each affected property owner within the proposed
district shall be notified by certified mail of the proposed ordinance or any amendments
thereto prior to any public hearing held.
(13) The enumeration of powers herein shall not be deemed to limit the general grant of
authority to adopt ordinances conferred by section 103 of this charter. (Amended 2015, No. 23, § 127.)
§ 105. 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 Middlebury and the Selectboard of said Town by general or
special enactments 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 such general or special enactments unless this
charter otherwise provides.
§ 106. Ordinances; penalties for breach thereof
(a) A Town ordinance may provide:
(1) for a fine in an amount not greater than $1,000.00; and
(2) that each week a violation continues shall constitute a separate offense. A violation
of a Town ordinance shall be classified as a misdemeanor or a rule violation in the
same manner as it would be classified by the general State statutes now or hereafter
enacted, and prosecuted accordingly. The Town may maintain an action to enjoin the
violation of any ordinance or rule, but the election of the Town to proceed with an
application for an injunction shall not prevent a criminal prosecution for the violation
of an ordinance.
(b) A municipal court may be established with such jurisdiction, operation, and procedures
as may be voted by annual Town meeting.
§ 107. Ordinances; adoption by Selectboard
(a) If the Selectboard desires to adopt an ordinance, they shall cause it to be entered
in the official record kept of their proceedings, and thereafter, they shall adopt
it subject to final approval after the public hearing as hereafter set forth. The
ordinance shall then be published in a newspaper of general circulation in the Town,
together with a notice of the time and place of a public hearing to consider the ordinance
for final passage, such publication to be on a day at least one week and not more
than two weeks prior to the date of hearing.
(b) At the public hearing or at any time and place to which the hearing may from time
to time be adjourned, the ordinance shall be read in full, unless the Selectboard
elects to read the ordinance by title; and after such reading, all persons interested
shall be given an opportunity to be heard.
(c) After the public hearing, the Selectboard may finally adopt the ordinance, with or
without amendment. If they amend the ordinance prior to passage, they shall cause
the amended ordinance to be entered in the official record of their proceedings and
shall also cause the amended sections of the ordinance, as finally passed, to be published
in a newspaper of general circulation in the Town on a day not more than 14 days after
adoption.
(d) Every ordinance shall become effective 40 days after adoption, unless the Selectboard
specifies a longer period, or, if the ordinance is conditioned on approval by voters
of the Town, then upon such voter approval. If within 40 days of adoption, a referendum
petition is filed, the ordinance shall not become effective until after the question
of repeal is voted.
(e) The Town Clerk shall prepare and keep in the Town Clerk’s office and in all Town libraries
a book of ordinances, which shall contain each Town ordinance, together with a complete
index of the ordinances according to subject matter. Failure to comply with this provision
shall not invalidate any Town ordinance lawfully passed.
§ 108. Referendum
(a) All Town ordinances, except as specified in section 110 of this charter, may be repealed
by vote of the Town as follows: A petition signed by not less than 10 percent of the
registered voters shall be filed with the Town Clerk requesting a vote on the question
of repealing the ordinance. The Selectboard shall call a special Town meeting to be
held within 60 days of the date of filing the petition, to vote on whether the ordinance
shall be repealed. The ordinance shall be repealed only if at least 15 percent of
the registered voters vote and a majority of that number vote for repeal.
(b) Within 40 days after passage of an ordinance, five percent of the registered voters
shall constitute sufficient signatures for a referendum petition, and all other procedures
of subsection (a) of this section shall apply.
§ 109. Initiative
Any lawful ordinance may be enacted by vote of the Town as follows: A petition signed
by not less than five percent of the registered voters shall be filed with the Town
Clerk requesting enactment of the ordinance and accompanied by the text thereof. The
Selectboard shall call a special Town meeting to be held within 60 days of the date
the petition is filed, unless prior to such meeting, the Selectboard shall have enacted
the ordinance. The warning for the meeting shall include the text of the proposed
ordinance and shall provide for a “yes” or “no” vote as to its enactment. The ordinance
shall be adopted if at least 15 percent of the registered voters vote and a majority
of that number vote for adoption. The ordinance shall take effect on the 30th day
following adoption.
§ 110. Nonapplicability to zoning and subdivision
(a) The provisions of sections 107, 108, and 109 of this charter shall not apply to the
enactment, amendment, or repeal of any zoning ordinance or zoning bylaw; any land
subdivision ordinance or land subdivision bylaw; nor to the enactment, amendment,
or repeal of any municipal plan or comprehensive municipal plan, nor to the enactment,
amendment, or repeal of any regional municipal plan or comprehensive regional plan,
the enactment, amendment, or repeal of such ordinances, bylaws, and plans being specifically
controlled by 24 V.S.A. chapter 117, or by such other State statutes regulating zoning, subdivision, and municipal and
regional plans as may be enforced from time to time. The adoption, amendment, or repeal
of all other ordinances shall be in conformity with sections 107, 108, and 109 of
this charter.
(b) The right of referendum and initiative contained in sections 108 and 109 of this charter
shall apply to the amendment or repeal of an ordinance as well as to its enactment.
§ 111. Authority of police officers
The police officers of the Town shall have the same powers throughout the State with
respect to criminal matters, and the enforcement of the laws relating thereto, as
they have within the Town.
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Subchapter 003: OFFICERS
§ 301. Generally
The officers of the Town of Middlebury shall be those provided by law for towns, except
as otherwise provided by this charter. Such officers shall have all the powers and
duties necessary to carry out the provisions of this charter as well as those provided
by law.
§ 302. Elective officers
(a) The officers elected by the Town at its annual meeting shall be:
(1) Five Selectboard members.
(2) Town Meeting Moderator.
(3) Five trustees of the Ilsley Library.
(4) Three listers.
(5) Three auditors, unless the Town has voted to eliminate the Office of Auditor pursuant
to 17 V.S.A. § 2651b.
(6) Town Clerk.
(7) [Repealed.]
(8) Members of the Prudential Committee of Middlebury Incorporated School District No.
4.
(9) Middlebury members of the Board of Union School District No. 3.
The number of such officers to be elected at each annual meeting shall be as hereafter
set forth.
(b) All elected officers shall be chosen from the legally qualified voters of the Town
and shall hold office for the terms hereafter specified and until their successors
are elected and qualified.
(c) All officers shall be elected by Australian ballot.
(d) When an elected officer specified in subdivisions 302(a)(1) through (7) of this charter
resigns, makes another Town his or her residence, dies, or becomes incapacitated,
his or her office shall become vacant and the Selectboard shall appoint an eligible
person to fill the vacancy until the next annual meeting. The person elected shall
at the annual meeting serve until his or her predecessor’s term expires. Incapacity
shall include the failure of a Selectboard member to attend 50 percent of the meetings
of the Board in any calendar year.
(e) If the Town so votes at its annual meeting, two additional Selectboard members may
be elected from the legally qualified voters of the Town for a term of three years
each, the first such election to take place at the annual meeting following the annual
meeting at which the additional offices are created. A vote so taken in favor of additional
Selectboard members shall not be rescinded. (Amended 2015, No. M-12, § 2, eff. May 26, 2015; 2023, No. M-6, § 2, eff. May 25, 2023.)
§ 303. Terms of office — Selectboard members
(a) Each Selectboard member shall be elected for a three-year term, except in the first
election after this charter is adopted, at which two Selectboard members shall be
elected for three-year terms, and one Selectboard member shall be elected for a two-year
term. The two incumbent Selectboard members shall serve to the ends of their respective
elected terms. After the first election following adoption of this charter, Selectboard
members shall be elected for three-year terms as prior terms expire. Additional Selectboard
members elected under subsection 302(e) of this charter shall be elected to initial
terms that expire at the annual meeting for three-year terms.
(b) All Selectboard members shall be elected at large. The persons with the largest number
of votes for offices of equal terms shall be elected to those offices. If there are
Selectboard offices with different terms, each candidate shall specify the term for
which he or she seeks election.
§ 304. Other elective officers
(a) The Board of Listers.
(1) The Board of Listers shall consist of three members, to be elected as follows: the
first year, one shall be elected for a three-year term; the two incumbent officers
shall complete their elected terms. Thereafter, one shall be elected every year for
a three-year term.
(2) The Board of Listers shall perform duties established by State law and shall appoint
an appraiser who shall be of competent professional background. Such appointment shall
be approved by the Selectboard.
(b) The three auditors shall be elected in the same manner as described for the Board
of Listers, in subdivision (a)(1) of this section, unless the Town has voted to eliminate
the Office of Auditor pursuant to 17 V.S.A. § 2651b.
(1) The elected auditors shall be responsible for establishing and approving an independent
municipal audit by a registered or certified public accountant. Such independent audit
shall be required at least once a year.
(2) The auditors’ duties shall otherwise be as established in 24 V.S.A. §§ 1681-1691.
(3) Notwithstanding anything to the contrary in 17 V.S.A. § 2651b(c), the Town may vote by ballot at an annual meeting, pursuant to 17 V.S.A. § 2651b(a), to eliminate the Office of Town Auditor. If the Town votes to eliminate the Office
of Auditor, the duties formerly carried out by the auditors shall be carried out in
accordance with 17 V.S.A. § 2651b(a) and any other applicable statutes.
(c) The Town Meeting Moderator shall be elected annually and shall perform those duties
prescribed by the State law.
(d) The Town Clerk shall be elected for a three-year term and shall carry out the duties
of town clerk as specified by statute and by this charter.
(e) The trustees of the Ilsley Library shall be elected and shall have such powers as
are stated in 22 V.S.A. § 143. The Ilsley Library shall be operated by the trustees in accordance with 22 V.S.A. §§ 141 through 146.
(f) The number of Prudential Committee and School Board members, their terms of office,
and the occurrence and filling of vacancies shall be as provided under State statutes
or the Charter of Incorporated School District No. 4, whichever is applicable. Each
school officer elected at the Town’s annual meeting shall take office at 12:01 a.m.
on the day following the annual meeting of the Union School District No. 3 or Incorporated
School District No. 4, whichever is applicable. (Amended 2015, No. M-12, § 2, eff. May 26, 2015.)
§ 305. Treasurer
(a) The Treasurer shall be appointed by the Selectboard.
(b) The Treasurer shall perform the duties required by State statutes or provided by this
charter. He or she shall:
(1) promptly deposit funds coming into his or her hands in such depositories as may be
designated by the Selectboard;
(2) invest Town funds coming into his or her hands in the manner designated by the Selectboard;
(3) keep such books and accounts as may be required by the Selectboard;
(4) make reports to the Selectboard monthly or at such other times as they may require
showing the State of the Town’s finances; and
(5) perform such other duties with respect to the Town’s finances as the Selectboard may
require. (Amended 2023, No. M-6, § 2, eff. May 25, 2023.)
§ 306. Appointed officers
(a) The Selectboard shall appoint any officers required by the Town’s personnel regulations
or this charter.
(b) The Town Manager shall function as the personnel officer of the Town.
(c) Within one year after the adoption of this charter, the Selectboard shall adopt a
written personnel policy.
(d) The Selectboard shall appoint:
(1) a First Constable, and if needed a Second Constable;
(2) one or more grand jurors;
(3) a Collector of Taxes;
(4) a Town agent;
(5) one or more fence viewers;
(6) a Tree Warden; and
(7) a Town Treasurer.
(e) The Selectboard may appoint:
(1) one or more weighers of coal;
(2) a Poundkeeper;
(3) one or more inspectors of lumber, shingles, and wood. (Amended 2023, No. M-6, § 2, eff. May 25, 2023.)
§ 307. Recall
(a) Any officer elected under subsection 302(a) of this charter may be removed from office
as follows:
(1) A petition signed by not less than 15 percent of the registered voters shall be filed
with the Selectboard, requesting a vote on whether the elected officer shall be removed
from office.
(2) The Selectboard shall call a special Town meeting, to be held within 45 days of receiving
the petition, to vote on whether the elected officer shall be removed.
(3) The official shall be removed only if at least as many registered voters of the Town
vote as voted in the election wherein the officer was elected or at least one-third
of the registered voters of the Town vote, whichever is greater, and a majority of
that number vote for removal.
(b) If the Town votes for removal of an elected officer, the office shall thereupon become
vacant, and the Selectboard shall call a special meeting, to be held within 45 days
of the vote for removal, to fill the vacancy until the term of the officer so removed
expires.
(c) The votes for removal and to fill the office removed shall be by Australian ballot.
§ 308. Vacancies and appointments
(a) When the term of any member of the Zoning Board of Adjustment, the Planning Commission,
or any other Town board or commission expires, or when the term of any officer appointed
under subsections 306(d) and (e) of this charter expires, or when there is a vacancy
in any such board, commission, or office, the Town Manager shall cause to be published,
in a newspaper of general local circulation, a notice of the vacancy or the expiration
of the term.
(b) Any qualified voter of the Town may, within 10 days of the publication, submit his
or her name to the Town Manager as an applicant for the vacant or expired office.
At the expiration of 10 days from the date of the publication, the names of all persons
being considered shall be entered in the Selectboard minutes; the Selectboard shall
not fill the vacancy or expired term until after at least seven days from the date
the names of the applicants are entered in their minutes.
§ 309. Bonding of officers
All officers of the Town required to be bonded by State law shall be bonded.
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Subchapter 005: SELECTBOARD
§ 501. Powers and duties
(a) The members of the Selectmen shall constitute the legislative body of the Town of
Middlebury for all purposes required by statutes, and except as otherwise herein specifically
provided, and shall have all powers and authority given to and perform all duties
required of town legislative bodies or Selectboards under the Constitution and laws
of the State of Vermont.
(b) Within the limitations of the foregoing, the Selectboard shall have the power to:
(1) Appoint and remove the Town Manager and supervise, create, change, and abolish offices,
commissions, or departments other than the offices, commissions, or departments established
by this charter or by law. The Selectboard may create, supervise, change, and abolish
a water commission. The Selectboard may prescribe the duties of all offices, commissions,
or departments created by them.
(2) Assign additional duties to officers, commissions, or departments established by this
charter, but may not discontinue or assign to any other office, commission, or department
duties assigned to a particular office, commission, or department established by this
charter or by law.
(3) Appoint members of all boards, commissions, committees, or similar bodies unless specifically
provided otherwise by this charter or by law.
(4) Make, amend, and repeal ordinances in compliance with section 107 of this charter.
(5) Inquire into the conduct of any officer, commission, or department and investigate
any and all municipal affairs when deemed necessary for the proper and orderly conduct
of Town government.
(6) The Selectboard shall submit an annual budget to the voters, to be voted on at Town
meeting, in accordance with the provisions of the charter dealing with the budget.
(7) Exercise each and every other power not specifically set forth herein, but that is
granted to the Selectboard by the statutes of the State of Vermont.
(8) Attend all meetings of all boards or agencies of the Town, whether executive or public,
together with the right to speak at such meetings, but not to vote.
§ 502. Organization
(a) Forthwith after their election and qualification, the Selectboard shall organize and
elect a Chair and Vice Chair by a majority vote of the entire Board.
(b) The Chair of the Board, or in his or her absence, the Vice Chair, shall preside at
all meetings of the Board and shall be recognized as the head of the Town government
for all ceremonial purposes.
§ 503. Meetings
(a) As soon as possible after the election of the Chair and Vice Chair, the Board shall
fix the time and place of its regular meetings and such meetings shall be held at
least twice a month.
(b) The Board shall determine its own rules and order of business.
(c) If there are five Selectboard members, three shall constitute a quorum. No action
of such Board shall be valid or binding unless adopted by the affirmative vote of
at least three Selectboard members. If the Board is expanded to seven Selectboard
members, four shall constitute a quorum and no action of such Board shall be valid
or binding unless adopted by the affirmative vote of at least four Selectboard members.
In cases where State law requires a greater fraction of the authorized board for an
affirmative vote than as specified above, such provisions of State law shall control.
(d) All meetings of the Board shall be open to the public unless by an affirmative vote
of the majority of the members of the entire Board they shall vote a portion of a
session to be an executive session. Executive sessions are only for deliberation and
all issues shall be voted on at a public meeting of the Board in order to be valid
and legal.
(e) The agenda of the Selectboard meetings shall be made available to the public at least
24 hours prior to the meeting and posted in one public place.
(f) Any members of the Board may add items of business to the written agenda upon commencement
of the meeting, provided that a majority of the membership of the entire Board vote
to add such items of the agenda.
§ 504. Record of proceedings
(a) It shall be the duty of the Selectboard to keep an official record of its proceedings
that shall be open for public inspection.
(b) The minutes of each meeting shall be approved by the Selectboard. The official copy
shall be filed in the Town Clerk’s office and copies in the public library in East
Middlebury and the Ilsley Library.
§ 505. Appointments
(a) The Selectboard may appoint commissions or committees as needed.
(b) Jurisdiction over other officers and employees. Neither the Selectboard nor any of
its members shall direct or request the appointment, by any officer or employee of
the Town, of any person to office or employment, or his or her suspension or removal
therefrom, or in any manner take part in the appointment, discipline, or removal of
subordinates and employees of the Town, except as otherwise provided in this charter.
The Selectboard and its members shall deal with that position of the service of the
Town for which the Manager is responsible solely through the Town Manager, and neither
the Selectboard nor any of its members shall give any orders or request any action
by a subordinate in office. This shall not be construed to prohibit the Selectboard
from recommending to the Town Manager a prospective employee for his or her consideration
and making general complaints to the Town Manager or to department heads.
§ 506. Compensation
(a) The auditors shall fix the compensation of the members of the Selectboard, unless
the Town has voted to eliminate the Office of Auditor pursuant to 17 V.S.A. § 2651b, in which case the Town may fix the compensation of the members of the Selectboard
at an annual meeting. If the Town has voted to eliminate the Office of Auditor and
the voters fail to fix the Selectboard’s compensation, the members of the Selectboard
shall be compensated at the rate at which they were compensated during the immediately
preceding year.
(b) Except as provided in subsections 506(a) and 704(l) of this charter, the Selectboard shall fix the compensation of all elected officers
and all officers appointed by them. An elected official may notify the Selectboard
in writing, at least 50 days before the annual meeting, that he or she wishes his
or her compensation fixed by the Town, and the Selectboard shall insert an article
in the warning to that effect. If so warned, the Town may fix the compensation of
that elected official for the balance of his or her term of office or for such shorter
period as the Town may vote. (Amended 2015, No. M-12, § 2, eff. May 26, 2015.)
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Subchapter 007: TOWN MANAGER
§ 701. Appointed by Selectboard
The Selectboard shall appoint a Town Manager for an indefinite term, and upon such
conditions as they may determine.
§ 702. Manager nonpartisan
(a) The Manager shall be chosen solely on the basis of his or her executive, administrative,
and professional qualifications.
(b) The Manager shall not take part in the organization or direction of a political party,
serve as a member of a party committee, nor be a candidate for election to any public
office.
(c) The Manager shall be a resident of the Town of Middlebury, once he or she has been
appointed to office. The Selectboard may grant permission for the Manager to live
outside the Town should there be sufficient reason.
§ 703. Oath and bond
Before entering upon his or her duties, the Manager shall be sworn to the faithful
performance of his or her duties by the Town Clerk and shall give a bond to the Town
in such amount and with such sureties as the Selectboard may require.
§ 704. Duties of Manager
(a) The Manager shall be the chief executive officer of the Town and shall carry out the
policies established by the Selectboard, to whom the Manager shall be responsible.
(b) The Manager shall attend all meetings of the Selectboard, except when his or her compensation
or removal is being considered or the Selectboard allows his or her absence. The Manager
shall keep the Selectboard informed of the financial condition and future needs of
the Town and shall make such other reports as may be required by law, requested by
the Selectboard, or deemed by him or her to be advisable.
(c) The Manager has the right to attend all meetings of standing committees, boards, and
agencies appointed by the Selectboard.
(d) The Manager shall be an ex-officio member of all standing committees, but may not
vote.
(e) The Manager shall perform all other duties prescribed by this charter, required by
laws of the State, or resolution of the Selectboard.
(f) The Manager shall prepare an annual budget, submit it to the Selectboard, and be responsible
for its administration after adoption.
(g) The Manager shall compile for general distribution at the end of each fiscal year
a complete report on the finances and administrative activities of the Town for the
year.
(h) The Manager shall furnish a monthly financial statement to the Selectboard, with the
assistance and cooperation of the Town Treasurer, who shall furnish whatever financial
data are necessary to enable the Town Manager to fulfill his or her budgetary and
financial responsibilities.
(i) The Manager shall be responsible for the operation of all departments.
(j) The Manager shall be the general purchasing agent for the whole Town.
(k) The Manager shall be responsible for the administration of a system of accounts.
(l) The Manager shall have authority to appoint, fix the salary of, suspend, and remove
all employees of the Town appointed by him or her, subject to the provisions of this
charter and any personnel regulations as approved by the Selectboard. He or she shall
obtain approval from the Selectboard before appointing, removing, or suspending the
head of any department.
(m) The Manager may, when advisable or proper, and with the approval of the Selectboard,
delegate to subordinate officers and employees of the Town, any duties conferred upon
him or her.
(n) The Manager, with the department heads, shall prepare annually for the Selectboard
a five-year capital improvement plan.
§ 705. Compensation
The Manager shall receive such compensation as may be fixed by the Selectboard.
§ 706. Removal
The Selectboard may remove the Town Manager by a majority vote of its total membership.
At least 30 days before such removal shall become effective, the Selectboard shall
by a majority vote of its members adopt a preliminary resolution stating the reason
for his or her removal. The Manager may reply in writing and may request a public
hearing that shall be held not earlier than 20 days nor later than 30 days after the
filing of such request. After such public hearing, if one be requested, and after
full consideration, the Board by a majority vote of its members may adopt a final
resolution of removal. By the preliminary resolution, the Board may suspend the Manager
from duty, but the regular salary of the Manager shall continue to be paid to him
or her during the period of suspension. The Manager’s pay will continue up to 30 days
and will not be contingent upon whether or not a public hearing is held or when it
is held. The Selectboard may appoint a temporary Manager to serve at the pleasure
of the Board, for not more than 90 days. The temporary Manager shall have none of
the powers of appointment. He or she shall have the power to suspend, but not to remove
employees.
§ 707. Absence
To perform the Manager’s duties in his or her temporary absence or disability, the
Manager may, with the consent of the Board, designate by letter filed with the Town
Clerk a qualified person. If the Manager fails to make such designation, the Selectboard
may appoint a person to perform the duties of the Manager until he or she shall return
or his or her disability shall cease.
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Subchapter 013: BUDGET AND TAXATION
§ 1301. Fiscal year
This fiscal year shall commence on the first day of January and end on the last day
of December, unless the Town, at its annual meeting, shall determine otherwise. If
the Town votes another fiscal year, it shall specify the procedure for transition,
including the method for financing the transition.
§ 1302. Preparation and submission
(a) The Town Manager, at least 60 days before the date of the regular annual Town meeting,
shall submit to the Selectboard a budget that, except as required by law or this charter,
shall be in such form as the Manager deems desirable or the Selectboard may require.
The budget shall contain:
(1) an estimate of the financial condition of the Town as of the end of the fiscal year
and as of the date of submission of the budget;
(2) an itemized statement of appropriations recommended for current expenses and for capital
improvements, during the next fiscal year with comparative statements in parallel
columns of appropriations and estimated expenditures for the current fiscal year and
actual appropriations and expenditures for the next preceding fiscal year;
(3) an itemized statement of estimated revenues from all sources, other than taxation,
for the next fiscal year; a statement of taxes required for the next fiscal year;
and comparative figures of tax and other sources of revenue for the current and next
preceding fiscal year;
(4) a capital plan for the next five fiscal years, showing possible anticipated capital
expenditures, financing, and tax requirements;
(5) such other information as may be required by the Selectboard.
(b) At least 10 days before the annual meeting of the Middlebury Incorporated School District
No. 4, Union School District No. 3, or the Town, whichever comes first, the Selectboard
shall publish in a newspaper of general local circulation a notice containing:
(1) the amount that the Town anticipates must be raised by Town taxes and to be voted
at its annual meeting;
(2) The amount that the Middlebury Incorporated School District No. 4 anticipates must
be raised by Town taxes and to be voted at its annual meeting;
(3) the amount that the Union School District No. 3 anticipates must be raised by Middlebury
Town taxes and to be voted at its annual meeting;
(4) the anticipated tax rate applicable to the taxes to be raised in support of the amounts
in subdivisions (1), (2), and (3) of this subsection.
(c) The Boards of Directors of the Middlebury Incorporated School District No. 4 and Union
School District No. 3 shall submit to the Selectboard the information required by
subdivisions (b)(2) and (3) of this section at least 20 days prior to the Town’s annual
meeting, and the Chair of each Board shall certify that such information is accurate,
based upon the information available to each Board of Directors.
(d) Prior to finally determining the Middlebury Town budget, and at least 40 days prior
to the annual meeting, the Selectboard shall hold a public hearing, giving notice
thereof in a newspaper of general local circulation at least seven days prior thereto.
(e) The Selectboard’s budget in its final form and the warning for the annual meeting
shall be distributed to the legal voters of the Town at least 10 days prior to the
annual meeting.
§ 1303. Saving clause
Failure to perform any of the duties specified in section 1302 of this charter, or
failure to perform any of such duties within the time limits above specified, shall
not invalidate any action taken at a properly warned annual meeting.
§ 1304. Appropriations
The Town at the annual meeting shall adopt a budget that shall include the proposed
expenditure of each department for the coming fiscal year, and adoption of a budget
at the annual meeting shall be deemed an appropriation to each department of the sum
allotted in the budget for such department. A department’s expenditures may not exceed
the amount appropriated to it, except by consent of the Selectboard and subject to
the provisions of sections 1307 and 1308 of this charter. The amounts stated in the
budget, and as approved by the Town, shall become appropriated to the several agencies,
departments, and purposes therein named.
§ 1305. Amount to be raised by taxation
(a) Upon passage of the budget by the annual Town meeting, the amounts stated therein
as the amount to be raised by property taxes shall constitute a determination of the
amount of the levy for the purposes of the Town in the corresponding tax year, and
the Selectboard shall levy such taxes on the grand list furnished by the listers for
the corresponding tax year.
(b) The Selectboard shall likewise levy such taxes for the purposes of meeting the budget
of the Middlebury Incorporated School District No. 4 and paying the amount that the
Union School District No. 3 assesses the Town. In the event the Union School District
No. 3 has not passed a budget at the time the Selectboard levy such taxes, the Selectboard
may, in their sole discretion, base such levy on the prior tax year assessment to
the Town by the Union School District No. 3. In such case, after the passage of the
Union School District No. 3 budget and assessment to the Town, the Selectboard may
adjust the levy of such taxes and the Town shall credit the taxpayers for payment
of property taxes for the year accordingly.
§ 1306. Budget limitations; borrowing
(a) The incurring of bonded indebtedness, the issuing of bonds, the making of temporary
loans in anticipation of bond sales, and all other matters pertaining to bonded indebtedness
shall be controlled by 24 V.S.A. chapter 53 or such State statutes as are applicable.
(b) The Town, through the Selectboard, may borrow money in anticipation of taxes. The
total amount so borrowed shall not exceed 90 percent of the taxes assessed for such
year, and notes or orders issued therefor shall mature not later than the end of the
fiscal year of the Town.
(c) The Town, by vote at an annual or special meeting, may borrow money under such terms
and conditions and for such lawful municipal purposes as the Town shall vote.
(d) In cases of emergency, the Selectboard may appropriate funds or borrow money in the
name of the Town. The total combined emergency appropriations and borrowing in any
year shall not exceed five percent of the amount voted at the annual meeting as the
Town budget, or if the appropriation or borrowing is prior to the annual meeting,
then five percent of the amount voted at the prior annual meeting as the Town budget.
Notes or orders for such emergency borrowing shall mature not more than one year from
the date of issuance and shall not thereafter be renewed unless the Town so votes.
Any emergency borrowing or appropriation shall be reported at the next Town meeting.
(e) The Selectboard, in the name of the Town, may borrow funds in anticipation of federal
and State funds that have been approved and committed, until such time as such funds
are available. Any debt so incurred for a project shall be repaid from the first federal
or State funds received for that project.
(f) Any appropriations beyond the amount in the Town budget, except as specified in subsection
(d) of this section, and all borrowing, except as specified in subsections (a), (b),
(c), (d), and (e) of this section, shall be by vote of the Town and upon such terms
and conditions as the Town shall vote.
§ 1307. Transfers of appropriations
At any time during the fiscal year, the Manager may transfer part or all of any unused
appropriation balance among programs within a department, office, or agency. Upon
written request by the Manager, the Selectboard may by resolution transfer part or
all of any unused appropriation balance from one department, office, or agency to
another. Notwithstanding the above, no unexpended balance in any appropriation not
included in the budget of the Selectboard shall be transferred or used for any other
purpose.
§ 1308. Taxation
(a) Taxes on real and personal property shall be paid in two equal payments unless the
majority of voters at the March Town meeting vote to have tax payments in three or
more equal payments.
(b) Interest and penalties on unpaid taxes shall be levied in accordance with State statutes.
§ 1308a. Sales, rooms, meals, and alcoholic beverages tax
(a) The Town of Middlebury may impose a tax on those transactions in the Town involving
sales, rooms, meals, or alcoholic beverages that are subject to taxation by the State
of Vermont. Imposition of any tax by the Town under this section shall be at the
rate or rates specified in 24 V.S.A. § 138 and shall be imposed in accordance with the requirements of 24 V.S.A. § 138(a)(2) and subsections 138(c) and (d).
(b) If the Selectboard of the Town by a majority vote so recommends, the voters of the
Town may, at an annual or special meeting warned for the purpose by a majority vote
of those present and voting, assess any or all of the following:
(1) a one-percent sales tax;
(2) a one-percent meals and alcoholic beverages tax;
(3) a one-percent rooms tax.
(c) A tax imposed under the authority of this section shall be collected and administered
by the Vermont Department of Taxes in accordance with State law governing the State
sales tax, meals, and alcoholic beverages tax, or rooms tax.
(d) The share of taxes due to the Town pursuant to 24 V.S.A. § 138 shall be paid to the Town on a quarterly basis after reduction for the costs of administration
and collection under subsection (c) of this section. Revenues received by the Town
may be expended for municipal services only and not for education expenditures. Any
remaining revenues shall be deposited in the PILOT Special Fund established by 32 V.S.A. § 3709. (Amended 2025, No. 57, § 14, eff. July 1, 2025.)
§ 1309. Investments
(a) With respect to money raised in a current year for that current year’s operating expenses,
the Town may only invest such funds in instruments in which the principal is not at
risk.
(b) For all other monies, investments of Town funds shall be made in:
(1) obligations of the United States, its agencies, and instrumentalities, and any repurchase
agreements whose underlying collateral consists of such obligations;
(2) certificates of deposit and other evidences of deposit at banks, savings institutions,
and trust companies approved by the Treasurer;
(3) such municipal bonds or other bonds as are a lawful investment for a bank, savings
institution, and trust companies in this State;
(4) shares of an investment company, or an investment trust, which is negotiated under
the Federal Investment Company Act of 1940, as amended, if such mutual investment
fund has been in operation for at least 10 years and has net assets of at least $10,000,000;
or may deposit the same in banks, trust companies, or national banks in this State;
and
(5) such investment instruments as may be offered by insurance companies that are licensed
by the State of Vermont.
(c) The Selectboard shall have full power to hold, purchase, sell, assign, transfer, and
dispose of any of the securities and investments in which any of the funds shall have
been invested, as well as the proceeds of such investments.
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Subchapter 015: GENERAL PROVISIONS
§ 1501. 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 the charter and
its provisions to other persons or circumstances shall not be affected thereby.
§ 1502. Continuance of office or employment
Except as specifically provided by this charter, if at the time this charter takes
full effect a Town administrative officer or employee holds any office or position,
he or she shall continue in such office or position until the taking effect of some
specific provision under this charter directing that he or she vacate the office or
position.
§ 1503. Pending matters
All rights, claims, actions, orders, contracts, and legal or administrative proceedings
shall continue except as modified pursuant to the provisions of this charter and in
each case shall be maintained, carried on, or dealt with by the Town department, office,
or agency appropriate under this charter.
§ 1504. Municipal laws
All Town ordinances, resolutions, orders, and regulations that are in force when this
charter becomes fully effective shall remain in full force and effect excepting only
those ordinances, resolutions, orders, and regulations that are inconsistent with
this charter.
§ 1505. Fire District No. 1 East Middlebury
(a) The Fire District of East Middlebury shall continue under the provisions of its charter
as established by act of the State Legislature.
(b) By majority vote of the Town of Middlebury and of Fire District No. 1 of East Middlebury,
the Fire District No. 1 may be incorporated into the Town of Middlebury.
§ 1506. Copies of the charter
Two copies of this charter with amendments and information sheets, if there are any,
shall be kept in all Town libraries. If at any time these copies shall become unreadable
or be destroyed, the Town, at Town expense, shall provide the library with sufficient
new copies.
§ 1507. Sec. 4 of the Incorporated District No. 4
(a) The officers of said District shall be a Moderator, a Clerk, a Treasurer, a Collector,
and an Auditor, who shall be chosen annually, and a Prudential Committee of seven,
hereafter to be chosen as follows:
(b) At each annual meeting of the Town of Middlebury, there shall be elected a member
of the Committee for a term of five years, except however, that at successive five-year
intervals after each of the years 1969 and 1970, there shall be elected at the Town’s
annual meeting, an additional member for a term of five years. Each member of the
Committee so elected shall take office at 12:01 a.m. on the day following the annual
meeting of School District No. 4 in Middlebury. A vacancy on the Committee shall be
filled for the unexpired term by appointment by a majority of the members of the Committee.
The officers shall hold their respective offices until their successors are chosen.
§ 1508. Amendment of charter
This charter may be amended as set forth by State law under 17 V.S.A. § 2645.
§ 1509. Reference to State statute
If any matter mentioned in this charter is said to be controlled by a specific State
statute, the reference to the State statute shall include the statute as amended or
renumbered, or any statute substituted therefor and having similar subject matter.
§ 1510. [Transitional provision.]