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Attorney advises explicit at-will removal language for certain appointed municipal officers
Summary
Committee heard legal analysis that establishing one-year statutory terms for certain appointed municipal officers could create unintended just-cause protections; an attorney advised explicitly stating at-will removal or removing the one-year term.
The committee considered house amendments that would insert one-year statutory terms for certain appointed municipal officers (constables, delinquent tax collectors and municipal clerks) and thereby remove language requiring removal only for just cause after notice and hearing.
Attorney Tucker Anderson told the committee that creating a statutory term of office may, under Vermont case law, be read to imply a just-cause removal…
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