|BILL AS INTRODUCED||2007-2008|
Introduced by Senator Condos of Chittenden District
Subject: Municipal government; charters; amendments; legislative approval
Statement of purpose: This bill proposes to allow municipalities to amend their charters, adopt new charters, and repeal their charters without the approval of the general assembly, unless the attorney general, six senators, or 30 representatives of the house petition for legislative approval.
AN ACT RELATING TO LEGISLATIVE APPROVAL OF MUNICIPAL CHARTER AMENDMENTS
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 17 V.S.A. § 2645 is amended to read:
§ 2645. CHARTERS, AMENDMENT, PROCEDURE
(a) In the exercise of its subsisting patronage and control of municipal corporations under Article II, §§ 6 and 69 of the Constitution of the State of Vermont, the general assembly hereby establishes a procedure whereby cities, towns, and villages may exercise such powers and perform such functions relating to their respective governance and affairs which are not expressly prohibited by the Vermont constitution, the general law of the state, or common law.
(b) A municipality may
propose to the general
assembly to amend or repeal its charter or adopt a new charter
by majority vote of the legal voters of the municipality present and voting at
any annual or special meeting warned for that purpose in accordance with the
(1) A proposal to adopt, repeal, or amend a municipal charter may be made by the legislative body of the municipality or by petition of five percent of the voters of the municipality.
(2) An official copy of the proposed charter amendments shall be filed as a public record in the office of the clerk of the municipality at least ten days before the first public hearing, and copies thereof shall be made available to members of the public upon request.
(3) The legislative body of the municipality shall hold at least two public hearings prior to the vote on the proposed charter amendments. The first public hearing shall be held at least 30 days before the annual or special meeting.
If the charter proposals
to amend the charter are made by the
legislative body, the legislative body may revise the amendments as a result of
suggestions and recommendations made at a public hearing, but in no event shall
such revisions be made less than 20 days before the date of the meeting.
If revisions are made, the legislative body shall post a notice of these
revisions in the same places as the warning for the meeting not less than 20
days before the date of the meeting and shall attach such revisions to the
official copy kept on file for public inspection in the office of the clerk of
If the charter proposals
to amend the charter are made by
petition, the second public hearing shall be held no later than ten days after
the first public hearing. The legislative body shall not have the
authority to revise charter proposals to amend the charter made
by petition. After the warning and hearing requirements of this section
are satisfied, proposals by petition shall be submitted to the voters at the
next annual meeting, primary, or general election in the form in which
they were filed, except that the legislative body may make technical corrections.
Notice of the public hearings and of the annual or special meeting shall be
given in the same way and time as for annual meetings of the
municipality. Such notice shall specify the sections to be adopted,
repealed, or amended, setting out sections
to be amended in the amended
in the proposed form, with deleted matter in brackets and new matter
underlined or in italics. If the legislative body of the municipality
determines that the proposed charter amendments charter proposals
are too long or unwieldy to set out in amended the proposed form,
the notice shall include a concise summary of the proposed charter
amendments charter proposals and shall state that an official copy
of the proposed charter amendments charter proposals is on file
for public inspection in the office of the clerk of the municipality and that
copies thereof shall be made available to members of the public upon request.
Voting on charter
amendments proposals shall be by Australian
ballot. The ballot shall show each section to be adopted, repealed, or
amended in the amended proposed form, with deleted matter in
brackets and new matter underlined or in italics and shall permit the voter to
vote on each proposal of adoption, repeal, or amendment
separately. If the legislative body determines that the proposed
charter amendments charter proposals are too long or unwieldy to be
shown in the amended proposed form, an official copy of the proposed
charter amendments charter proposals shall be maintained
conspicuously in each ballot booth for inspection by the voters during the
balloting, and voters shall be permitted to vote upon the charter amendments
proposals in their entirety in the form of a yes or no proposition. (b)(c)
The clerk of the municipality, under the direction of the legislative body,
shall announce and post the results of the vote immediately after the vote is
counted. The clerk, within 10 days after the day of the election, shall
certify to the secretary of state each proposal of amendment showing the
facts as to its origin and the procedure followed. (c)(d)
The secretary of state shall file the certificate and deliver copies of it to
the attorney general and clerk of the house of representatives, the secretary
of the senate, and the chairman of the committees concerned with
municipal charters of both houses of the general assembly immediately if it
is then in biennial session and, if not in session, within 10 days of its
organization at the biennial session.
(e) The secretary of the senate and the clerk of the house shall each publish a notice of each charter proposal that has been submitted to them in the calendars of their respective chambers within five days of their receipt. The notices shall be published in the calendars for 15 successive legislative days.
The amendment, new charter, or repeal of the charter of a municipality
shall become effective upon affirmative enactment of the proposal, either as
proposed or as amended by the general assembly. A proposal for a charter
amendment may be enacted by reference to the amendment as approved by the
voters of the municipality at the expiration of 30 days after the first
day that the notice required under subsection (e) of this section is published
in the calendars, provided no petition is filed under subsection (g) of this
(g) The attorney general or not fewer than six senators or not fewer than 30 members of the house of representatives may file a petition for legislative approval of an amendment to, the adoption of, or the repeal of a charter of a municipality. A petition submitted by the attorney general must include a statement indicating that the attorney general believes that the charter proposal violates the Vermont constitution. A petition submitted by the appropriate number of senators or representatives must include a statement indicating that the signers believe that the charter proposal has significant statewide ramifications. The petition shall be filed with the clerk of the municipality and with the clerk of the house of representatives or the secretary of the senate within 30 days after the first day that the notice required under subsection (e) of this section is published in the calendars.
(h) If a petition is submitted pursuant to subsection (g) of this section, the charter proposal shall take effect only upon its approval by enactment into law by the general assembly.
(i) If the general assembly adjourns fewer than 30 days after the first day that the notice required under subsection (e) of this section is published in the calendars, the charter proposal shall become effective 30 days after the date of convening the next regular or adjourned session, unless a petition is submitted pursuant to subsection (g) of this section within 30 days of convening. The general assembly may specifically approve a charter proposal at any time after its receipt and regardless of when it is received. Any proposal specifically approved shall become effective on the date of approval.
The Vermont General Assembly
115 State Street