Open Meeting Law
Transparency is an essential element of open and democratic government. In Vermont, the primary means of providing transparency are the State’s open meeting law, 1 V.S.A. §§ 310-314, and the public records law, 1 V.S.A. §§ 315-320. These laws implement the command of Chapter I, Article 6 of the Vermont Constitution that officers of government are “trustees and servants” of the people and are “at all times, in a legal way, accountable to them.”
The Open Meeting Law clearly emphasizes the openness of and accessibility to government. It declares that “All meetings of a public body are declared to be open to the public at all times, except as provided in section 313 of this title [on executive sessions].” 1 V.S.A. § 312(a). The Open Meeting Law and its requirements are meant to empower the public to play an effective role as not only an active participant in government but also a check on it as well.
Every municipal board, council, commission and committees (legally defined as “public bodies”) of a municipality is required to comply with the Open Meeting Law. The Law applies when there is (1) a quorum of a public body; (2) involved in a discussion or taking action; and (3) the subject matter of the discussion is one over which the body has authority or responsibility.
Open Meeting Law Complaint Process
State law requires municipalities to explain the process for submitting notice of an Open Meeting Law violation to the local public body that allegedly committed the violation or to the Vermont Attorney General.
Open Meeting Law complaints directed to the City of Essex Junction must be filed with the City Manager by e-mail at admin@essexjunction.org or to the City Offices at 2 Lincoln Street, Essex Junction, VT 05452. The written notice of complaint must allege a specific violation of the Open Meeting Law, identify the public body that committed the alleged violation, and request a specific cure of such violation. Upon receipt of the written notice of alleged violation, the public body will respond publicly to the alleged violation within 10 calendar days by:
- acknowledging the violation of this subchapter and stating an intent to cure the violation within 14 calendar days; or
- stating that the public body has determined that no violation has occurred and that no cure is necessary.
Failure of a public body to respond to a written notice of alleged violation within 10 calendar days will be treated as a denial of the violation for purposes of enforcement of the Open Meeting Law.