§ 310. Definitions
As used in this subchapter:
(1) “Advisory body” means a public body that does not have supervision, control, or jurisdiction
over legislative, quasi-judicial, tax, or budgetary matters.
(2) “Business of the public body” means the public body’s governmental functions, including
any matter over which the public body has supervision, control, jurisdiction, or advisory
power.
(3) “Deliberations” means weighing, examining, and discussing the reasons for and against
an act or decision, but expressly excludes the taking of evidence and the arguments
of parties.
(4) “Hybrid meeting” means a meeting that includes both a designated physical meeting
location and a designated electronic meeting platform.
(5)(A) “Meeting” means a gathering of a quorum of the members of a public body for the purpose
of discussing the business of the public body or for the purpose of taking action.
(B) “Meeting” shall not mean any communication, including in person or through email,
telephone, or teleconferencing, between members of a public body for the purpose of
scheduling a meeting, organizing an agenda, or distributing materials to discuss at
a meeting, provided that:
(i) no other business of the public body is discussed or conducted; and
(ii) such a communication that results in written or recorded information shall be available
for inspection and copying under the Public Records Act as set forth in chapter 5,
subchapter 3 of this title.
(C) “Meeting” shall not mean occasions when a quorum of a public body attends social gatherings,
conventions, conferences, training programs, press conferences, media events, or otherwise
gathers, provided that the public body does not discuss specific business of the public
body that, at the time of the exchange, the participating members expect to be business
of the public body at a later time.
(D) “Meeting” shall not mean a gathering of a quorum of a public body at a duly warned
meeting of another public body, provided that the attending public body does not take
action on its business.
(E) “Meeting” does not mean a gathering of the voters of a municipality for purposes of
conducting an annual or special municipal meeting.
(6) “Public body” means any board, council, or commission of the State or one or more
of its political subdivisions, any board, council, or commission of any agency, authority,
or instrumentality of the State or one or more of its political subdivisions, or any
committee or subcommittee of any of the foregoing boards, councils, or commissions,
except that “public body” does not include:
(A) councils or similar groups established by the Governor for the sole purpose of advising
the Governor with respect to policy; or
(B) the voters of a municipality at an annual or special municipal meeting.
(7) “Publicly announced” means that notice is given to an editor, publisher, or news director
of a newspaper or radio station serving the area of the State in which the public
body has jurisdiction, and to any person who has requested under subdivision 312(c)(5) of this title to be notified of special meetings.
(8) “Quasi-judicial proceeding” means a proceeding that is:
(A) a contested case under the Vermont Administrative Procedure Act; or
(B) a case in which the legal rights of one or more persons who are granted party status
are adjudicated, which is conducted in such a way that all parties have opportunity
to present evidence and to cross-examine witnesses presented by other parties, which
results in a written decision, and the result of which is appealable by a party to
a higher authority.
(9) “Undue hardship” means an action requiring significant difficulty or expense to the
unit of government to which a public body belongs, considered in light of factors
including the overall size of the entity, the availability of necessary personnel
and staff, the entity’s available resources, and the costs associated with compliance. (Added 1987, No. 256 (Adj. Sess.), § 1; amended 2013, No. 143 (Adj. Sess.), § 1; 2017, No. 166 (Adj. Sess.), § 1; 2023, No. 133 (Adj. Sess.), § 2, eff. July 1, 2024; 2025, No. 51, § 1, eff. June 9, 2025; 2025, No. 70, § 29, eff. June 25, 2025.)