AMY HOWLETTVERMONT DEPARTMENT OF LIBRARIES, 2/2/11

Trustee Orientation: Vermont Open Meeting Law

Ground rules

Everyone participates, no one dominatesDisagree with grace and tactThere’s no such thing as a stupid questionStretch or take a break if it’s necessaryMeetings start on time and end on time– or

early

Thanks to Lawrence Webster of Webster Consulting

Tonight’s Agenda

Open Meeting LawOther issues to cover tonight?

A GUIDE TO OPEN MEETINGS REVISED AUGUST 2006

DEBORAH MARKOWITZ, VERMONT SECRETARY OF STATE

A MANUAL FOR VERMONT LIBRARY TRUSTEES PP 45-51

Vermont Open Meeting Law

Public meetings 47

A majority of board members come together to discuss public business

Meeting Law applies to committees of boardsPublic notice is requiredMembers of the public must be allowed to

speakWritten minutes available within five daysExecutive session excludes the public

Minutes 46, 50

Minutes are public recordsMust be available within five days of the meetingMust include all names of all members of the

public body at the meeting and other active participants

Must record all motions, proposals, resolutions, and the results of any vote taken

Minutes are not a transcript of the meetingClerk of the board is the source for copies of

minutes; interested parties may review, get copy at actual cost

Public notice 47

Regular meeting: board adopts a resolution outlining its schedule and makes it public. Agenda must be available if the public specifically requests.

Special meeting: board may meet at other times by posting the agenda in three places, one at the Town Clerk’s office, and sending it to each board member 24 hours before the meeting begins. Notice must be given to any media that have requested it.

Emergency meeting: board responds to “condition requiring immediate attention”; rarely used

Public Comment 48

“Public comment period is not a free-for-all. The chair of the board is allowed by law to establish reasonable rules to ensure civility and avoid delay, and reasonable limitations on the amount of time for each speaker are not unusual or improper. “

Comment at the beginning of the meetingComment at the end of the meetingComment whenever anyone present has

something to add; how does this work?

Adversarial public comment

How can the board position table, chairs, and the room for effective audience attention?

Are there effective meeting practices that can be used during the meeting and public comment period?

Consider time limits if many people wish to speak; interruption if the chair or a member needs a break; using the chair’s power to rule someone out of order, member’s right to ask about a “point of order”

Executive Session 48-9

Entering Executive SessionMotion and vote by a majority; both noted in

the minutes of the meetingMotion must include the reason, from the list

given by the legislature

Reasons to enter Executive Session 49

Appointment/ employment/ evaluation of employeeDisciplinary or dismissal action against employeeClear and imminent peril to the public safetyDiscussion of records that are not public documents

under the access to public records act

Usually Executive Session is used when the board discusses the director’s performance in a regular board meeting or in the Personnel Committee

What actually happens? 49

Someone makes a motion: I move the board enter Executive Session in order to discuss a personnel issue. [from the list]

Someone seconds the motion: I second.The clerk notes the motion and second.The chair says to the public: We’re going into

Executive Session. You can wait outside; we’ll let you know when the Session ends.

The board leaves the Session at a particular time; public invited back in, and board may take action

What actually happens? 49

Board may not take action in Executive Session except for entering a real estate purchase option

Any action must be handled by motion and vote in the meeting after the Executive Session ends

In Executive Session the board discusses the issueOnly the subject matter of the motion to enter

Executive Session may be discussedBoard may invite its staff, clerks, legal counsel, and

persons whose information is needed

Guide to Open Meetings 49

“Boards should close their meetings

rarely, and then only for legitimate purposes. If the subject is already well known to the community, even if the board is able to find a category to cite, there is no justification for entering executive session.”

Enforcement 51

“The open meeting law should be enforced with the same spirit in which it is written. It is a guide to proper behavior by public officials. Sometimes boards make mistakes.

In cases where the offense is unintentional, the best remedy is often to ensure that the board understands how the law works so that it does it right the next time.”

Other questions about Open Meeting?

Vermont Secretary of State Office

(802) 828- 2363

For a Library Development Consultant…

Rob Geiszler, for Addison, Chittenden & Rutland counties rob.geiszler@state.vt.us (802) 786-3839

Amy Howlett, for Bennington, Windham & Windsor counties amy.howlett@state.vt.us (802) 463-0142

Michael Roche, for Caledonia, Essex, Lamoille, Orange & Washington michael.roche@state.vt.us (802) 748-3428

Jeremiah Kellogg, for Franklin, Grand Isle, Lamoille, Orange & Washington jeremiah.kellogg@state.vt.us (802)828-2320

Vermont Department of Libraries   

This publication is supported by the Institute of Museum and Library Services, a federal agency, through the Library Services and Technology Act.