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Executive committee agrees on consistent interpretation of Vermont open meeting law for advisory committees

Windham Regional Commission Executive Committee · August 12, 2024
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Summary

The committee discussed guidance from the Vermont League of Cities and Towns and the Secretary of State and agreed to treat full commission, executive board, and brownfields committee as non-advisory (subject to stricter open-meeting requirements), while most other committees will be treated as advisory.

The executive committee discussed how the recently revised Vermont open meeting law applies to advisory subcommittees and decision-making bodies and agreed on a consistent interpretation to apply across RPCs.

Staff described work by the Vermont League of Cities and Towns and conversations with the Secretary of State's office recommending that entities be characterized by their function: bodies that make budgetary or decision-making determinations should be treated as non-advisory and follow the stricter open-meeting rules, while groups that are purely advisory may be treated differently. Chris summarized the staff view: the full commission, the executive board and the brownfields committee are likely non-advisory and must be treated accordingly; most other committees that do not make budgetary decisions can be treated as advisory.

Gabby and staff said the objective is consistency among RPCs and that the Secretary of State's office has generally signaled it will seek to bring entities into compliance rather than immediately pursue litigation, except in cases of demonstrable abuse. Committee members expressed support for the proposed consistent approach and no immediate changes were required at the executive committee meeting.

Staff will continue to monitor guidance and advise committees if positions or statutory interpretations change.