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Journal of the

Joint Assembly

IN JOINT ASSEMBLY, FEBRUARY 20, 1997

10:30 A.M.

The Senate and House of Representatives met in the Hall of the House of Representatives pursuant to a Joint Resolution which was read by the Clerk and is as follows:

J.R.S. 22. Joint resolution providing for a Joint Assembly for the election of a Sergeant-at-Arms, an Adjutant and Inspector General, and three Trustees of the University of Vermont and State Agricultural College.

RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES:

That the two Houses meet in Joint Assembly on Thursday, February 20, 1997, at ten o'clock and thirty minutes in the forenoon to elect a Sergeant-at-Arms, an Adjutant and Inspector General, and three trustees of the University of Vermont and State Agricultural College. In case election of all such officers shall not be made on that day, the two Houses shall meet in Joint Assembly at ten o'clock and thirty minutes in the forenoon, on each succeeding day, Saturdays and Sundays excepted, and proceed in such election, until all such officers are elected.

Presiding Officer

Honorable Peter E. Shumlin, President pro tempore of the Senate, in the Chair.

Clerk

Robert H. Gibson, Secretary of the Senate, Clerk.

Statement by Presiding Officer

Pursuant to our Constitution and statutes we are assembled here today in Joint Assembly for the election of an Adjutant and Inspector General, a Sergeant-at-Arms and three (3) Trustees for the University of Vermont.

With respect to the election of all of these officers, if a contest exists, then the voting must be done by written ballot. This mandate is set forth in 2 V.S.A. §12 and in Joint Rule 10(a). Such is the case today. All of these offices are contested.

At the outset, in receiving the nominations of the candidates for these various offices, and as has been done throughout the past several years, the following rules of this Joint Assembly shall apply:

First: All nominations for these offices will be received by the Chair prior to voting, presented in alphabetical order.

Second: There will be only one nominating speech of not more than three (3) minutes and not more than two seconding speeches of not more than one (1) minute each for each nominee.

These two (2) rules have been displayed in the House and Senate Calendars for the past three (3) weeks, and should therefore not come as a surprise to any of the candidates.

4. We have three (3) sets of elections today:

a. First, To elect a Sergeant-at-Arms.

b. Second, To elect an Adjutant and Inspector General.

c. Third, To elect three (3) UVM Trustees.

For the first two (2) elections, that for the Sergeant-at-Arms and for the Adjutant and Inspector General, the provisions of Joint Rule 10 will apply.

a. This means that election to these two (2) positions shall be "by a majority of the votes cast, exclusive of spoiled and blank ballots". (And so, we keep going .... and going .... until one of the candidates receives a majority of the votes cast.)

However, for the third set of elections --- for the UVM Trustees -- the provisions of Joint Rule 10 have been suspended as a result of the adoption by both houses of J.R.S. 23. Accordingly, different rules will apply to that election. (A victory by majority vote will not be necessary.) But, we will look at those rules a bit later.

As stated before, all of our elections today are contested and must be decided by written ballot.

Accordingly, we will need Tellers, and the Chair will now make these appointments.

Tellers Appointed

The Chair appointed the following Tellers:

Senator Jan Backus, of Chittenden District, as Chief Teller

Senator Peter C. Brownell, of Chittenden District

Senator Ann E. Cummings, of Washington District

Rep. Anne V. Ginevan, of Middlebury

Representative Bill Mackinnon, of Sharon

Representative Mary C. Mazzariello, of Rutland City

Representative Ira M. Pike, of Mendon

Election of Sergeant-at-Arms

The Joint Assembly the proceeded to the election of a Sergeant-at-Arms.

For the office of Sergeant-at-Arms, Representative Virginia Milkey of Brattleboro nominated Kermit R. Spaulding, of Stowe.

The nomination was seconded by Senator Susan J. Bartlett of Lamoille District.

For the office of Sergeant-at-Arms, Representative Matt B. Dunne of Hartland then nominated Perry D. Waite, of Pawlet.

The nomination was seconded by Representative Karen M. Lafayette of Burlington and by Senator John H. Bloomer, Jr. of Rutland District.

There being no other nominations, the Chair declared that nominations were closed.

Accordingly, those names placed in nomination and on the ballot for the office of Sergeant-at-Arms were as follows:

Kermit R. Spaulding, of Stowe

Perry D. Waite, of Pawlet

Results of Balloting for Sergeant-at-Arms

The ballots were taken and counted and the result was as follows:

Total votes cast 177

Necessary for a choice 89

Spaulding 92

Waite 85

Whereupon, the Chair declared that

KERMIT R. SPAULDING, of Stowe

having received a majority of the total votes cast was duly elected to the office of Sergeant-at-Arms for a term of two years, from and including the first day of March, 1997, and until his successor is elected and has qualified.

Election of Adjutant and Inspector General

The Joint Assembly then proceeded to the election of an Adjutant and Inspector General.

For the office of Adjutant and Inspector General, Representative Oreste V. Valsangiacomo, Sr. of Barre City nominated Donald E. Edwards, of Middlebury.

The nomination was seconded by Senator Cheryl P. Rivers of Windsor District and by Representative Gene G. Sweetser of Essex.

For the office of Adjutant and Inspector General, Representative John S. Freidin of New Haven then nominated Martha T. Rainville, of St. Albans Town.

The nomination was seconded by Senator Helen S. Riehle of Chittenden District and by Representative Michael C. Vinton of Colchester.

There being no other nominations, the Chair declared that nominations were closed.

According, those names placed in nomination and on the ballot for the office of Adjutant and Inspector General were as follows:

Donald E. Edwards, of Middlebury

Martha T. Rainville, of St. Albans Town

Results of Balloting for Adjutant General

The ballots were taken and counted and the result was as follows:

Total votes cast 177

Necessary for a choice 89

Edwards 73

Rainville 104

Whereupon, the Chair declared that

MARTHA T. RAINVILLE, of St. Albans Town

having received a majority of the total votes cast was duly elected to the office of Adjutant and Inspector General for a term of two years, from and including the first day of March, 1997, and until her successor is elected and has qualified.

Election of UVM Trustees

The Joint Assembly then proceeded to the election of three (3) Trustees of the University of Vermont and State Agricultural College, each for a term of six (6) years, from and including the first day of March, 1997.

Statement by the Chair

The Chair reminds this Joint Assembly that nominations for the office of UVM Trustee will be received in alphabetical order, with one nominating speech of not more than three (3) minutes and not more than two seconding speeches of not more than one (1) minute each for each nominee.

As stated previously, for the election of UVM trustees, we will be operating under a different set of rules. This is because both houses adopted J.R.S. 23, which suspended the provisions of Joint Rule 10 for this particular election.

By adopting this joint resolution (J.R.S. 23), we have set up a special voting procedure for this election, which will speed up the process.

The adoption of J.R.S. 23 permits this General Assembly this year to determine the winners of this election of the three (3) Trustees of the University of Vermont and State Agriculture College by means of a plurality vote. This means that three (3) candidates can win ...... all at the same time ...... and on the same ballot. This certainly quickens our pace.

Previously, pursuant to the provisions of Joint Rule 10, we were required to elect our three (3) winning candidates by separate ballots. We could not do it all at once. And further, each winning candidate needed to receive a majority of the votes which were cast. This process, as I am sure you are all aware, can precipitate several ballots, and can be time-consuming.

But a plurality voting procedure simply means that the three (3) candidates receiving the greatest portion of the total votes cast ...... can instantly be declared victorious. You will be able to ...... and indeed will be instructed to ...... vote for three (3) candidates at the same time ...... and on the same ballot. We are circumscribing the rigid mandates of Joint Rule 10, by virtue of the provisions of J.R.S. 23, for this particular election.

And, without any further fanfare, let’s proceed with the business at hand.

Nominations for UVM Trustees

Representative Ann Hallowell of Burlington nominated Representative William N. Aswad of Burlington. The nomination was seconded by Representative Mary M. Sullivan of Burlington and by Senator George B. Spaulding of Washington District.

Representative Francis K. Brooks of Montpelier then nominated Representative Martha J. Heath of Westford. The nomination was seconded by Senator Helen S. Riehle of Chittenden District and by Representative Sean P. Campbell of Rockingham.

Representative John F. Murphy of Ludlow then nominated Senator Vincent Illuzzi of Essex-Orleans District. The nomination was seconded by Senator Elizabeth M. Ready of Addison District and by Representative Jerry D. Kreitzer of Rutland City.

Representative John G. Kristensen of Guilford then nominated Representative Carolyn S. Kehler of Pomfret. The nomination was seconded by Representative Mark S. Young of Orwell and by Senator Cheryl M. Hooker of Rutland District.

Representative Fred A. Hill of Milton then nominated Representative Doran D. Metzger of Milton. The nomination was seconded by Representative Robert A. Starr of Troy and by Representative John V. LaBarge of Grand Isle.

Summary of Names Placed in Nomination

Accordingly, we have five (5) names placed in nomination and on the ballot for the office of Trustee of the University of Vermont and State Agricultural College, as follows:

William N. Aswad, of Burlington

Martha J. Heath, of Westford

Vincent Illuzzi, of Essex-Orleans District

Carolyn S. Kehler, of Pomfret

Doran D. Metzger, of Milton

Review of New Voting Procedure

Prior to the taking of any ballots, the Chair reviewed the "plurality" procedure for choosing candidates, by quoting verbatim from the text of J.R.S. 23:

"(1) All candidates for the office of trustee shall be voted upon and decided on the same ballot; members may vote for any number of candidates up to and including the maximum number of vacancies to be filled, which in this case shall be three.

"(2) The three candidates receiving the greatest number of votes shall be declared elected to fill the three vacancies.

"(3) In the event that the first balloting for the trustee vacancies results in a tie vote for one or more of the three vacant positions, then voting shall continue on successive ballots until the vacancies have been filled, again by election declared of those candidates receiving the greatest number of votes."

Results of Balloting for UVM Trustees

The ballots were taken and counted and the result was as follows:

Total ballots 177

Necessary for election greatest number of votes

Aswad 75

Heath 97*

Illuzzi 72

Kehler 88*

Metzger 79*

Write-in votes 1 (Hill)

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

Whereupon the Chair declared that

MARTHA J. HEATH, of Westford

having received the greater number of the total votes cast was duly elected a Trustee of the University of Vermont and State Agricultural College for a term of six years, commencing March 1, 1997.

and also,

The Chair further declared that

CAROLYN S. KEHLER, of Pomfret

having received the greater number of the total votes cast was duly elected a Trustee of the University of Vermont and State Agricultural College for a term of six years, commencing March 1, 1997.

and also,

The Chair further declared that

DORAN D. METZGER, of Milton

having received the greater number of the total votes cast was duly elected a Trustee of the University of Vermont and State Agricultural College for a term of six years, commencing March 1, 1997.

Dissolution

The purposes for which the Joint Assembly was convened having been accomplished, the Chair then declared the Joint Assembly dissolved.

ROBERT H. GIBSON

Secretary of the Senate, Clerk