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Town meeting reviews complaint over May 7 notice, ratifies that meeting's actions and instructs clerk to notify Times Argus
Summary
At a May 19 special meeting, the chair read a written complaint alleging the town's May 7 meeting was not properly noticed under Vermont's open meetings law. The board voted to acknowledge the alleged violation, ratified May 7 actions, and directed the clerk to email the Times Argus and requesters of special-meeting notices going forward.
The town's special meeting on May 19 reviewed a written complaint alleging the town did not properly notify the public for a May 7 special meeting under Vermont's open meetings law. The complaint, submitted in a letter dated May 10, cited statutory notice requirements and warned that actions taken at the May 7 meeting "may be legally invalid" if notice was insufficient.
The chair read parts of Kevin's letter into the record and then moved that the board find the alleged violation occurred. The motion was seconded and those present responded in the affirmative. Following that vote, the chair moved and the board voted to ratify all actions taken on May 7 and to direct the town clerk, Diane Hollenbach, to email special meeting notices to the editor of the Times Argus and to anyone who has requested notice under the statute.
Board members debated whether the statute requires literal publication in a newspaper or simply notifying a newspaper or radio station. "You have 24 hours on a special meeting," the chair said while summarizing the statutory language read into the record. Another member cited the statutory provision 1 V.S.A. — 312(c)(2) and proposed adding the citation to the motion to make clear that sending notice satisfies the requirement; the amendment was adopted and the motion carried.
Kevin, who raised the complaint, told the board he believed the May 7 notice had not been sent to newspapers and therefore may have failed to meet the public-notice standard. "It is my understanding that the meeting was not properly warned or posted for the general public," the chair read from Kevin's letter. Board members said they had reviewed the statute and consulted with the town attorney informally; one member said the statute requires notice be given to a newspaper or radio station serving the area but that sending notice (not necessarily paid publication) can satisfy the legal requirement.
The board did not record a full roll-call tally in the transcript for each motion; participants voiced "aye" during the votes. The board also removed an executive-session item from the agenda earlier in the meeting before continuing in open session. The meeting adjourned at 6:18 p.m., and the board set the next meeting for May 26.
The board identified the Times Argus as the newspaper to receive notices going forward and amended the motion to include the statutory citation so the town's practice explicitly references 1 V.S.A. — 312(c)(2). The chair asked the clerk to implement the email-notice procedure and to ensure the list of requesters under the statute is maintained.
Next steps: the clerk is to begin emailing special-meeting notices to the Times Argus and anyone on the statutory notification list; the board will rely on that process unless the town attorney advises otherwise.
