Open Meeting Law
General Information
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 et seq., and the public records law, 1 V.S.A. § 315 et seq. 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 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, with the limited exceptions described in 1 V.S.A. § 313 for executive sessions. 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 governmental action.
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 (1) a quorum of a public body, (2) is 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.
Submitting a Notice of Violation
If you believe a public body of the Town of Pomfret has violated the Open Meeting Law, you may provide the public body written notice alleging a specific violation and requesting a specific cure of the violation. For your convenience, a form of notice is available here.
The Notice of Violation must be delivered to the chair, secretary or clerk of the public body to which the notice is directed. Contact information may be obtained by contacting the Town Clerk at (802) 457-3861 or clerk@pomfretvt.us. Contact information typically also can be found on the public body's webpage on this website.
The Notice of Violation 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 Violation, the public body will respond publicly to the alleged violation within 10 calendar days by:
- Acknowledging the violation 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.
Penalties and Enforcement
More information about penalties for and enforcement of violations of the Open Meeting Law is available at 1 V.S.A. § 314, a copy of which is available here.