§ 4.5.

668 words·~3 min read·/vt/4-5-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

§ 4.5. Appointments

(a)At the first meeting after their election and qualification, the Selectboard shall elect a Chair, a Vice Chair, and a Clerk.

(b)The Chair shall preside at meetings of the Board, shall represent the Town government for ceremonial purposes, but he or she shall have no administrative duties. The Vice Chair shall act as Chair during the absence or disability of the Chair.

(c)The Selectboard shall appoint a Town Manager and may remove same for cause. The Selectboard shall not have the power to remove the Office of Town Manager nor the power to remove the offices that report to the Town Manager, or those offices mandated by State law that do not contradict the content of this charter.

(d)The Selectboard shall have the power to appoint and remove a Town Attorney. A Town Attorney (which may be a law firm) is subject to ratification by the Representative Town Meeting. The Town Attorney shall:

(1)serve as Town Agent and shall prosecute and defend suits in which the Town is interested, and he or she may prosecute violations of any bylaw, rule, regulation, or ordinance;

(2)prosecute crimes committed within the Town not prosecuted by the Windham County State’s Attorney;

(3)provide legal advice to the Selectboard; Town Manager; department heads; Development Review Board; Planning Commission; and other Town boards, commissions, and committees;

(4)perform other duties pertaining to the office as directed by the Selectboard; and

(5)have the right to appoint, subject to approval of the Selectboard, one or more assistants, remaining responsible for their official acts and omissions, and may revoke said appointment at any time.

(e)The Selectboard shall contract with a certified public accountant, licensed in Vermont, to perform an annual financial audit of all Town funds as required by Vermont statutes, including the provisions of 24 V.S.A. chapter 51.

(f)The Selectboard shall appoint the following officers of the Town and members of all boards, commissions, and committees and shall certify such appointments to the Town Clerk. All vacancies shall be published in a local newspaper at least ten days before they are filled.

(1)Three fence viewers.

(2)A Poundkeeper.

(3)One or more inspectors of lumber, shingles, and wood.

(4)One or more weighers of coal.

(5)A Tree Warden.

(6)A Town Energy Coordinator.

(7)Two Windham Regional Planning & Development Commissioners.

(8)A representative to Southeastern Vermont Community Action, Inc..

(9)A Town Clerk, subject to ratification by the Representative Town Meeting.

(10)A Town Treasurer, subject to ratification by the Representative Town Meeting.

(11)[Repealed.]

(12)The required number of appointees to the Windham Solid Waste Management District.

(13)Members of the following boards, commissions, and committees as required to fill vacancies therein. All vacancies shall be published in a local newspaper at least 10 days before they are filled:

(A)Brattleboro Housing Authority;

(B)Bus Service Advisory Committee;

(C)Honor Roll Committee;

(D)Housing Advisory Committee;

(E)[Repealed.]

(F)Personnel Appeals Board;

(G)Planning Commission;

(H)Recreation & Parks Board;

(I)Development Review Board.

(g)The Selectboard may abolish and create new offices, committees, boards, and commissions as changing circumstances dictate as long as such acts are not contradictory to the Town Manager form of government central to this charter nor to those positions specifically mandated by this charter. All vacancies in appointed offices shall be published in a local newspaper at least ten days before they are filled.

(h)At least as often as every 15 years, the Selectboard shall appoint from among the voters a Charter Revision Commission to review the language of the charter and the rights, powers, duties, and responsibilities specified therein. The Commission may propose amendments and may redraft the charter in whole or in part. Any amendments or changes shall be voted upon in accordance with subchapter 8 of this charter or as otherwise required by law. (Amended 2003, No. M-6, § 2; 2011, No. M-10 (Adj. Sess.), § 2, eff. April 27, 2012.)