H 516

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No. M-6. An act relating to approval of amendments to the charter of the
Town of Essex.
                                    (H.516)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. CHARTER AMENDMENT APPROVAL
   The General Assembly approves the amendments to the charter of the Town
of Essex as set forth in this act. Voters approved the proposals of amendment
on March 4, 2025.
Sec. 2. 24 App. V.S.A. chapter 117 is amended to read:
                     CHAPTER 117. TOWN OF ESSEX
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§ 101. CORPORATE EXISTENCE RETAINED
   The inhabitants of the Town of Essex, within the corporate limits as now
established, shall continue to be a municipal corporation by the name of the
Town of Essex. Notwithstanding the provisions of any other municipal
charters, territory within the corporate limits shall not be annexed to or become
a part of any other municipal corporation except by annexation procedures as
set forth in the statutes of the State of Vermont Statutes Annotated.
§ 102. GENERAL LAW, APPLICATION
   Except as modified by the provisions of this charter, or by any lawful
regulation or ordinance of the Town of Essex, all provisions of the statutes of
this State Vermont Statutes Annotated applicable to towns shall apply to the
Town of Essex.
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§ 103. POWERS OF THE TOWN
   (a) The Town shall have all of the powers granted to towns and municipal
corporations by the Constitution and laws of this State; it may enact
ordinances, bylaws, and regulations not inconsistent with the Constitution and
laws of the State of Vermont or with this charter, and impose penalties for the
violation thereof of Town ordinances, bylaws, and regulations.
   (b) The Town may acquire property within or without its corporate limits
for any town purpose, in fee simple or any lesser interest or estate, by
purchase, gift, devise, or lease, and may sell, lease, mortgage, hold, manage,
and control such property as its interests may acquire. The Town may further
acquire property within its corporate limits by condemnation where granted to
towns by the statutes of the State of Vermont Statutes Annotated.
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§ 204. ORGANIZATION
   (a) As soon as practicable after the first day of the month of the month
following annual Town meeting, the Selectboard shall organize and elect a
Chairperson, Vice Chairperson and Clerk by a majority vote of the entire
Board Selectboard, and shall file a certificate of the election for record in the
office of the Town Clerk.
   (b) The Chairperson of the Selectboard or, in the Chairperson’s absence,
the Vice Chairperson, shall preside at all meetings of the Board Selectboard
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and shall be recognized as the head of the Town government for all ceremonial
purposes.
   (c) In the event of death, resignation, change of residence outside the
Town, or incapacity of any Selectboard member, the remaining members of the
Board Selectboard may appoint a person eligible to fill that position until the
next annual or special meeting. At the next annual meeting, the vacancy shall
be filled by serving the remaining balance of the term. Incapacity shall include
the failure by any member of the Board to attend at least 50 per cent of the
meetings of the Board in any calendar year. In the event If the Board
Selectboard is unable to agree upon an interim replacement until the next
annual Town or special meeting, a special election shall be held forthwith to
fill the position. Incapacity shall include the failure by any member of the
Selectboard to attend at least 50 percent of the meetings of the Selectboard in
any calendar year.
   (d) The Town Moderator shall perform duties as prescribed by law and
shall preside at all Town meetings, but in the Moderator’s absence the Town
Clerk shall call the meeting to order, and the first order of business shall be the
election of a Moderator Pro Tempore to preside for the duration of the
meeting. The Moderator shall conduct every meeting according to this charter
or the laws of the State of Vermont. The Moderator shall preserve order in the
conduct of the business of the meeting and in all things shall preserve the
principles of fairness and openness in Town government. In the event of the
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death, resignation, or change of residence to a location outside the Town, the
Selectboard may appoint a person eligible to fill that position until the next
annual or special Town meeting. If the Selectboard is unable to agree upon an
interim replacement until the next annual or special meeting, a special election
shall be held forthwith to fill the position.
§ 205. MEETINGS
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   (b) The Board Selectboard shall determine its own rules and order of
business.
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   (d) All meetings of the Board Selectboard shall be open to the public
unless, by an affirmative vote of the majority of the members present, the
Board Selectboard shall vote that any particular session shall be an executive
session in accordance with 1 V.S.A. § 313.
§ 206. RECORD OF PROCEEDINGS
   (a) An official record of the proceedings of the Selectboard shall be kept by
its Clerk, who need not be a member of the Selectboard, which shall be kept in
the office of the Town Clerk and shall be open for public inspection. The
Town Clerk shall keep the official record of the proceedings of all special and
annual Town meetings.
   (b) The minutes of each meetings meeting shall be approved by the Board
at its next meeting Selectboard as soon as is reasonably possible and the
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official copy authenticated by the signature of the Clerk of the Board
Selectboard.
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§ 207. POWERS AND DUTIES
   (a) The members of the Selectboard shall constitute the legislative body of
the Town of Essex for all purposes required by statute and shall have all
powers and authority given to, and perform all duties required of town
legislative bodies or selectboards under the laws of the State of Vermont
Statutes Annotated.
   (b) Within the limitations of the foregoing, the Selectboard shall have the
power to:
                                       ***
      (5) exercise each and every other power that is not specifically set forth
herein in this charter, but that is granted to the Selectboard by the statutes of
the State of Vermont Statutes Annotated.
§ 208. APPOINTMENTS BY SELECTBOARD
   (a) The Selectboard shall appoint the members of the following permanent
Commissions and positions:
                                       ***
      (4) Town Manager; and
      (5) Development Review Board; and
      (6) Cemetery Commission.
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   (b) The Selectboard may appoint such additional boards, commissions, and
committees as they feel to be in the best interest of the Town and all other
appointive or elective officers authorized by statute the Vermont Statutes
Annotated.
                                      ***
§ 209. JURISDICTION OVER OTHER OFFICERS OR EMPLOYEES
   Neither the Selectboard nor any of its members shall direct or request the
appointment, by any other officer or employee of the Town, of any person to
office or employment, or his or her suspension or removal therefrom, or in any
manner take part in the appointment, discipline, or removal of subordinates and
employees of the Town, except as otherwise provided in this charter. The
Selectboard and its members shall deal with that portion of the service of the
Town for which the Manager is responsible solely through the Manager. This
shall not be construed to prohibit the Selectboard from recommending to the
Town Manager a prospective employee for his or her consideration, or
bringing to the attention of the Manager any complaint concerning the actions
of any officer or employee of the Town. This section shall not be construed to
prohibit the review by the Selectboard of actions by the Manager or hearings
brought to the Selectboard by employees pursuant to appellate rights granted
them by statute the Vermont Statutes Annotated or contract.
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§ 210. RECALL OF SELECTBOARD MEMBERS
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   (b) Within 60 days after receiving a valid petition, the Selectboard shall
call a special meeting or, if the annual meeting is within 60 days, include a
question on the annual Town meeting ballot to vote on whether the elected
officer shall be removed. The vote shall be held by Australian ballot.
                                       ***
§ 305. PETITION FOR ENACTMENT OF ORDINANCE; SPECIAL
       MEETING
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   (b) The proposed ordinance shall be examined by the Town Attorney
before being submitted to the special Town meeting. The Town Attorney is
authorized, subject to the approval of the Selectboard, to correct the ordinance
so as to avoid repetitions, illegalities, and unconstitutional provisions and to
ensure accuracy in its text and references and clearness and preciseness in its
phraseology, but the Town Attorney shall not materially change its meaning
and effect.
                                       ***
§ 401. APPOINTMENT OF MANAGER
   The Selectboard shall appoint a Town Manager under and in accordance
with the Vermont Statutes Annotated, as amended from time to time hereafter.
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The Manager shall have all of the powers and duties as set forth in that chapter
and in this charter.
§ 402. OFFICIALS APPOINTED BY MANAGER
   The Town Manager shall appoint with the approval of the Selectboard
Town Clerk, Town Treasurer, Assistant Town Clerk, constables, Grand Juror,
Director of Public Works, Police Chief, Fire Chief, a Town Agent if the Town
Attorney is not a resident of the Town of Essex, cemetery commissioners,
Health Officer, fire wardens, and a Zoning Administrator, and, if. If needed,
the Town Manager may appoint fence viewers, Inspector of Lumber and
Shingles, and any other officer that the Selectboard of a Town is authorized to
appoint if the Selectboard has not filled the office within 45 days after the day
the position becomes vacant. The terms of the appointed officials shall
commence on the first day of April following appointment. Appointments to
fill a vacancy in an office shall be effective at the time of appointment and
shall run for the unexpired period of the term.
                                      ***
§ 501. APPOINTMENT AND REMOVAL
   All Town employees not elected by the voters shall be appointed,
supervised, and removed by the Town Manager unless otherwise specified by
this charter. There shall be no discrimination in employment on account of
race, religion, sex, or political opinions. Appointments, lay-offs, suspensions,
promotions, demotions, and removals shall be made primarily on the basis of
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training, experience, fitness, and performance of duties, in such a manner as to
insure ensure that the responsible administrative officer may secure efficient
service, unless otherwise specified by this charter or State law.
                                      ***
        Subchapter 6. Town Annual Meeting; Amendment of Charter
                                      ***
§ 602. ANNUAL TOWN REPORT
   (a) The Town Selectboard shall employ by contract a public accountant to
examine the financial statements of the funds of the Town. The annual Town
report Annual Auditor’s Report shall be distributed made available to the legal
voters of the Town not later than 10 30 days prior to the annual meeting.
Notification of the availability of the Annual Auditor’s Report shall be
distributed by mail to all Essex households at least 30 days prior to the
meeting.
   (b) The Annual Town Report shall be made available to the residents of the
Town at least 10 days prior to the annual Town meeting.
                                      ***
§ 604. TIME OF HOLDING
   (a) The annual meeting of legal voters shall be warned and held at 7:30
o’clock in the afternoon of the day as specified in 17 V.S.A. § 2640(b) as the
same may from time to time be amended and may transact at that time any
business not involving voting by Australian ballot or voting required by law to
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be by ballot. A meeting so started shall be adjourned until the following day
2680.
   (b) The election of officers and the voting on all questions to be decided,
including the budget, by Australian ballot or voting required by law to be by
ballot shall take place on the day specified in 17 V.S.A. § 2640(a) 2680, which
may from time to time be amended. The ballot boxes or voting machines shall
be open for a minimum of nine consecutive hours between 6:00 a.m. and 10:00
p.m. as shall be determined and warned by the Selectboard.
                                       ***
§ 702. PREPARATION AND SUBMISSION
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   (b) The budget shall be published not later than two weeks after its
preliminary adoption by the Selectboard. The board Selectboard shall fix the
time and place for holding a public hearing for the budget, and shall give a
public notice of such hearing. The board Selectboard shall then review the
budget and recommend it, with or without change, to the annual Town
meeting.
                                       ***
§ 802. PENALTY
   An additional charge of eight percent shall be added to any tax not paid on
or before the dates specified in section 801 of this charter, and interest as
authorized by the Vermont statutes Statutes Annotated.
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                                      ***
§ 901. BOARD ESTABLISHED
   A Planning Commission shall be established and its powers, obligations,
and operation shall be under and in accordance with the Vermont Statutes
Annotated, as they may be amended from time to time hereafter.
                                      ***
       Subchapter 10. Department of Real Estate Appraisal Assessment
§ 1001. CREATION OF DEPARTMENT
   There shall be established a Department of Real Estate Appraisal
Assessment headed by a professionally qualified real estate appraiser, who
shall be appointed by the Manager with the approval of the Selectboard.
§ 1002. PURPOSE
   The purpose of the Department of Real Estate Appraisal Assessment is to
provide for appointment of a qualified real estate assessor appraiser rather than
the election of listers. The Town shall be governed by, and each taxpayer shall
have rights granted by the applicable statutes Vermont Statutes Annotated
concerning real and personal property taxation, appeal therefrom, and other
statutes concerning taxation.
§ 1003. APPRAISAL OF PROPERTY
   The Department of Real Estate Appraisal Assessment shall appraise all real
and business personal property for the purpose of establishing the grand list.
Appraisals shall be reviewed periodically and kept up to date. Technically
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qualified individuals or firms may be employed as needed. The Department
shall review, or cause to be reviewed, the appraisals of all real property in the
Town that is subject to taxation in accordance with the standards for appraising
established by the State law.
                                      ***
§ 1005. POWERS AND DUTIES OF DEPARTMENT
   The Department of Assessment shall have the same power, discharge the
same duties and powers of the Department of Real Estate Appraisal shall be
the same as those established for, proceed in the discharge of duties in the
same manner, and be subject to the same liabilities as listers under the general
statutes pursuant to the Vermont Statutes Annotated and this charter.
                                      ***
§ 1101. LAWS GOVERNING
   This charter may be amended in accordance with the procedure provided for
by law the Vermont Statutes Annotated for amendment of municipal charters.
Sec. 3. REPEALS
   24 App. V.S.A. chapter 117, § 603 is repealed.
Sec. 4. EFFECTIVE DATE
   This act shall take effect on passage.
Date Governor signed bill: March 16, 2026
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