3)(A) The warning shall also contain any article or articles requested by a petition signed by at least five percent of the voters of the municipality and filed with the municipal clerk not less than 47 days before the day of the meeting. (B) The clerk receiving the petitions shall immediately proceed to examine them to ascertain whether they contain the required number of signatures of registered voters set forth in subdivision (A) of this subdivision (3). If found not to conform, he or she shall state in writing on the petition why it cannot be accepted, and within 24 hours from receipt, he or she shall return it to the petitioners. In this case, supplementary petitions may be filed not later than 48 hours after the petition was returned to the petitioners by the clerk or the filing deadline set forth in subdivision (A) of this subdivision (3), whichever is later. However, supplementary petitions shall not be accepted if petitions with signatures of different persons totaling at least the number specified in subdivision (A) of this subdivision (3) were not filed by the filing deadline. (C) A petition submitted under this subdivision (3): (i) may include more than one proposed article; (ii) shall contain the petition language on each page on which signatures are collected; and (iii) shall include the printed name, signature, and street address of each voter who signed the petition. (D) A voter may withdraw his or her name from a petitioned article at any time prior to the signing of the warning by a majority of the legislative body.

(b)(1) A representative form of annual or special meeting is a meeting of members elected by district to exercise the powers vested in the voters of the town to act upon articles. However, the election of officers, public questions, and all articles to be voted upon by Australian ballot as required by law or as voted under section 2680 of this title at a prior annual or special meeting, and reconsideration of articles under section 2661 of this title shall remain vested in the voters of the town. (2) An organizational resolution to adopt a representative form of annual or special meeting may be made by the legislative body of the municipality or by petition of five percent of the voters of the municipality. An official copy of the organizational resolution shall be filed in the office of the clerk of the municipality at least 10 days before the annual or special meeting at which the vote whether to adopt the organizational resolution shall take place, and copies thereof shall be made available to members of the public upon request.

§ 2630. Applicability Except as otherwise provided, and to the extent that such a construction would be reasonable, the provisions of this title shall apply to this chapter. (Added 1977, No. 269 (Adj. Sess.), § 1.) § 2631. Municipal charters (a) Unless otherwise provided by law, when the charter of a municipality provides for procedures other than those established by law, the provisions of that charter shall prevail. (b) Except as provided in subsection (a) of this section, all provisions of law relating to a municipality shall apply to such a municipality with a charter. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 2005, No. M-13 (Adj. Sess.), § 21; 2017, No. 99 (Adj. Sess.), § 1, eff. April 11, 2018.)

(1) There is filed with the Village Clerk a written petition signed by not less than 30 percent of the registered voters of the Village seeking the removal of the Village officer.

§ 101-49. Amendment or repeal No section or provision of this charter may be repealed or amended unless the act making the repeal or amendment refers specifically to this charter and to the sections or provisions so repealed. Any amendment to this charter must be submitted to the voters for their approval and, upon approval, submitted as provided by statutes. Amendments may be placed on the ballot by the Selectboard, a duly authorized Charter Review Commission appointed by the Selectboard, or upon petition filed with the Town Clerk by 10 percent of the voters. The petition must clearly state the amendment and must be filed at least 45 days before any annual or special Town election, but the Town shall not be required to hold a special Town election solely for the purpose of considering a proposed charter amendment. (Amended 2019, No. M-1, § 2, eff. April 19, 2019.)

A question considered at any Town meeting or election may not be submitted to the voters for reconsideration or rescission except at a subsequent annual meeting or special meeting or election specifically warned for the purpose and called by the Selectboard by a resolution or by the Town Clerk pursuant to a petition requesting such reconsideration or rescission. The petition must be signed by not less than 10 percent of the voters and filed with the Town Clerk within 30 days following the date of the meeting or election at which the question was first considered. The Clerk shall call for a vote in accordance with the petition within 60 days of the date of filing. The manner of reconsideration shall be the same manner by which a question was originally considered. A question voted on or considered shall not be presented for reconsideration or rescission more than one time; provided, however, that after the passing of at least eight months from the date of any such reconsideration or rescission, the same or a similar question may be newly submitted for consideration. Unless rescinded as provided in this section, any vote or action lawfully taken at a Town meeting or election shall remain in effect indefinitely. (Amended 2019, No. M-1, § 2, eff. April 19, 2019.)

(5) contain any article requested by petition signed by at least 10 percent of the voters and filed with the Town Clerk at least 45 days prior to the day of the meeting; and

§ 113-306. Petition for enactment of ordinance; special meeting (a) Subject to the provisions of section 305 of this chapter, voters of the Town may at any time petition in the same manner as in section 305 for the enactment of any proposed lawful ordinance by filing such petition, including the text of such ordinance, with the Town Clerk. The Selectboard shall call a special Town meeting to be held not less than 30 nor more than 40 days after the date of such filing, unless prior to such meeting such ordinance is enacted by the Selectboard. The warning for such meeting shall state the proposed ordinance in full and shall provide for an aye and nay vote as to its enactment. Such ordinance shall take effect on the 10th day after the conclusion of such meeting provided that the voters as qualified in section 305 of this chapter, constituting a majority of those voting thereon, shall have voted in the affirmative.

(a) Any officer elected under section 202 of this chapter may be removed from office as follows: A petition signed by not less than 15 percent of the registered voters shall be filed with the Selectboard, requesting a vote on whether the elected officer shall be removed from office. The Selectboard shall call a special Town meeting, to be held within 45 days of receiving the petition, to vote on whether the elected officer shall be removed. The official shall be removed only if at least as many registered voters of the Town vote as voted in the election wherein the officer was elected, or at least one-third of the registered voters of the Town vote, whichever is greater, and a majority of that number vote for removal.

(b) If during the two weeks' period a petition signed by 10 or more qualified voters of the Village be presented to the trustees objecting to an ordinance so passed and published by the trustees, the question of the approval of the ordinance shall be submitted to any annual or special meeting of the Village; and when approved by a majority vote of the meeting, and not otherwise, the ordinance so approved shall become an ordinance of the Village. (c) If at any time subsequent to the period of two weeks for publication, a petition signed by 10 or more qualified voters of the Village be presented to the trustees requesting the repeal of any ordinance, the question of the repeal or approval of the ordinance shall be submitted to a meeting of the Village duly warned for that purpose. If at the meeting the ordinance be approved by a majority vote of the meeting, the ordinance so approved shall remain an ordinance of the Village. If the ordinance so voted upon shall fail to be approved, the ordinance shall be deemed to be repealed and shall thereupon be and become null and void and of no subsequent legal effect whatsoever. But, fines and penalties imposed, judgments and decrees entered, prosecutions and legal proceedings instituted prior to the repeal of the ordinance shall not be vacated, set aside, or otherwise affected by the repeal. (Added 1943, No. 183, § 13.)

(5) contain any article requested by petition signed by at least five percent of the voters and filed with the Village Clerk at least 40 days prior to the day of the meeting. (Added 1999, No. M-11 (Adj. Sess.), § 2, eff. May 9, 2000.)

(c) An ordinance adopted by the Board in the manner set forth shall be subject to its repeal by a Village meeting if a petition signed by not less than 10 percent of the voters is filed with the Village Clerk on or before the effective date of the ordinance. The Clerk shall warn a Village meeting to be held within 45 days of the filing, to consider the question of repeal of the ordinance. Until the vote and question of repeal is held, the ordinance shall not become effective. If a majority of the votes cast shall be in favor of repealing the ordinance, the same shall be repealed and no further action shall be taken. If a majority of the votes cast shall be opposed to repeal, the ordinance shall become effective as of 12:01 a.m. on the day following such a vote.

(b) If during the two weeks' period a petition signed by 10 or more qualified voters of the Village be presented to the trustees objecting to an ordinance so passed and published by the trustees, the question of the approval of said ordinance shall be submitted to any annual or special meeting of the Village; and when approved by a majority vote of said meeting, and not otherwise, the ordinance so approved shall become an ordinance of said Village.

§ 221-9.02. Petitions (a) Number of signatures. Initiative petitions must be signed by qualified voters of the Village equal in number to at least five percent of the total number of qualified voters registered to vote at the last regular Village election. (b) Form and content. All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink and shall be followed by the address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed. (c) Affidavit of circulator. Each paper of a petition shall have attached to it when filed an affidavit executed by the circulator thereof stating that he or she personally circulated the paper, the number of signatures thereon, that all the signatures were affixed in his or her presence, that he or she believes them to be the genuine signatures of the persons whose names they purport to be, and that each signer had an opportunity before signing to read the full text of the ordinance proposed. (Amended 2013, No. M-6, § 2, eff. May 20, 2013.)

§ 117-304. Rescission of ordinances All ordinances shall be subject to rescission by a special or annual Town meeting, as follows: If, within 44 days after final passage by the selectmen of any such ordinance, a petition signed by voters of the Town not less in number than five percent of the qualified voters of the municipality is filed with the Town Clerk requesting its reference to a special or annual Town meeting, the selectmen shall fix the time and place of the meeting, which shall be within 60 days after the filing of the petition, and notice thereof shall be given in the manner provided by law in the calling of a special or annual Town meeting. Voting shall be by Australian ballot. An ordinance so referred shall remain in effect upon the conclusion of the meeting unless a majority of those present and voting against the ordinance at the special or annual Town meeting exceeds five percent in number of the qualified voters of the municipality. § 117-305. Petition for enactment of ordinance; special meeting (a) Subject to the provisions of section 304 of this Charter, voters of the Town may at any time petition in the same manner as in section 304 for the enactment of any proposed lawful ordinance by filing the petition, including the text of the ordinance, with the Town Clerk. The selectmen shall call a special Town meeting (or include the ordinance as annual meeting business) to be held within 60 days of the date of the filing, unless prior to the meeting the ordinance shall be enacted by the selectmen. The warning for the meeting shall state the proposed ordinance in full or in concise summary and shall provide for an Australian ballot vote as to its enactment. The ordinance shall take effect on the 10th day after the conclusion of the meeting provided that voters as qualified in section 304, constituting a majority of those voting thereon, shall have voted in the affirmative.

(3) Articles may be placed on the warning by: (A) A majority vote of the Selectboard. (B) A petition of at least five percent of the voters registered at the time the petition is submitted, provided law authorizes such articles as within the authority of the voters. (4) Articles submitted by petition must be filed with the Town Clerk not less than 40 days before the date of the meeting. (e) Voting by Australian ballot. (1) No article or type of article shall be voted by Australian ballot at any annual or special Town meeting called on its action, or by petition, unless the voters have approved the use of such system of voting pursuant to 17 V.S.A. § 2680 or as required by law.

(f) All ordinances shall be subject to overrule by a special Town meeting as follows: if, within 30 days after final passage by the Selectboard of any such ordinance, a petition signed by electors of the Town not less in number than 10 percent of the number of votes cast in the last municipal election is filed with the Town Clerk requesting its reference to a special Town meeting, the Selectboard shall fix the time and place of such meeting, which shall be within 60 days after filing of the petition, and notice thereof shall be given in the manner provided by law in the calling of a special Town meeting. An ordinance so referred shall remain in effect upon the conclusion of such meeting unless electors not less in number than 10 percent of the number of votes cast in the last municipal election and constituting a majority of those voting thereon, shall have voted against the ordinance.

§ 153-204. Ordinances (a) Method of adoption and enforcement. (1) Ordinance-making authority granted to the Town by this charter and general law shall be exercised pursuant to the provisions of subsections (b) through (e) of this section. (2) The Selectboard may provide penalties for the breach of any ordinance authorized by general law or this charter; may prosecute any person violating the same through the Town grand jurors or police officers who for such purposes shall be informing officers; and may maintain actions to restrain actual or threatened violations of the same. The establishment of any fine or penalty shall be by ordinance. (b) Introduction; first and second readings; public hearings. (1) Every ordinance shall be introduced in writing. If the Selectboard adopts the proposed ordinance, the Selectboard shall cause the ordinance or a concise summary of it meeting the requirements of 24 V.S.A. § 1972(a) to be published in a newspaper of general circulation in the Town in the form adopted, at least once, together with a notice of the time and place when and where there will be a public hearing to consider the same for final passage. The first such publication shall be at least one week prior to the date of the public hearing. (2) At the time and place so advertised, or at any time and place to which such hearing may from time to time be adjourned, such ordinance shall be read in full, and after such reading, all persons interested shall be given an opportunity to be heard. (3) After such hearing, the Selectboard may finally adopt such ordinance with or without amendment, except that, if the Selectboard makes an amendment, it shall cause the amended ordinance or a concise summary of it meeting the requirements of 24 V.S.A. § 1972(a) to be published at least once together with a notice of the time and place of a public hearing at which such amended ordinance will be further considered, which publication shall be at least three days prior to the public hearing. At the time so advertised or at any time and place to which such meeting may be adjourned, the amended ordinance shall be read in full, and after such hearing, the Selectboard may finally adopt such amended ordinance, or again amend it subject to the same procedure as outlined herein. (c) Effective Date. Every ordinance shall become effective upon passage unless otherwise specified. (d) Rescission. All ordinances shall be subject to rescission by a special Town meeting, as follows: If, after final passage by the Selectboard of any such ordinance, a petition signed by voters of the Town not less in number than five percent of the legal voters of the Town is filed with the Town Clerk requesting its reference to a special Town meeting, the Selectboard shall fix the time and place of such meeting which shall be within 60 days after the filing of the petition, and notice thereof shall be given in the manner provided by law in the calling of a special Town meeting. An ordinance so referred shall remain in effect upon the conclusion of such meeting unless a majority of those present vote against the ordinance at the special meeting. (e) Petition for enactment. (1) Subject to the provisions of subsection (d) of this section, voters of the Town may at any time petition in the same manner as in subsection (d) for the enactment of any proposed lawful ordinance by filing such petition, including the text of such ordinance, with the Town Clerk. The Selectboard shall call a special Town meeting to be held within 60 days of the date of such filing, unless prior to such meeting such ordinance shall be enacted by the Selectboard. The ordinance shall take effect immediately after the conclusion of such meeting provided that voters constituting a majority of those voting thereon, shall have voted in the affirmative. (2) 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 such ordinances so as to avoid repetitions, illegalities, and unconstitutional provisions and to ensure accuracy in its text and references and clearness and precision in its phraseology, but he or she shall not materially change its meaning and effect. (f) Filing. The Town Clerk shall prepare and keep in the Town Clerk's office a book of ordinances which shall contain each ordinance finally passed by the Selectboard, together with a complete index of the ordinances according to subject matter. (g) Existing ordinances. All existing ordinances shall remain in effect. (Amended 2001, No. M-7, § 2, eff. May 21, 2001; 2013, No. M-4, § 2, eff. May 8, 2013.)

§ 155C-5. Removal of elected Town officers Any elected Town officer may be removed from office in the following manner: (1) A petition must be filed with the Town Clerk seeking the removal of the elected Town officer or officers. The petition must be signed by at least 15 percent of registered voters. (2) Within 15 days after receipt of the petition, the Selectboard shall warn a special Town meeting, or if the annual meeting is to occur within 90 days of the filing of the petition, the Selectboard shall include an article in the warning for the annual meeting, for the purpose of voting by Australian ballot on whether the officer or officers shall be removed from office. (3) Removal shall only occur if a majority of the votes cast at the annual or special town meeting approve removal and the total of all votes cast on the removal question equals or exceeds the total of all votes that were cast to elect the officer. (4) If an officer is removed, the officer shall immediately cease to hold office and the office shall become vacant. The vacancy shall be filled as provided by law. (5) Only one petition for removal may be filed against any given elected officer during any 12-month period of his or her term of office. (Added 2013, No. M-20 (Adj. Sess.), § 3, eff. June 3, 2014.)

(c) In addition to the procedure set forth above in subsections (a) and (b) of this section, the charter may be revised or amended by the submission of a citizen initiative (petition) signed by 10 percent of the voters. The petition and subsequent action shall conform to the requirements of State statutes relating to charter amendment procedures, shall be subject to the determination of the Board of Selectmen as to whether or not they are comprehensive in nature, and shall be approved by a Town meeting vote with at least 25 percent of voters participating.

(a) The procedures and process for charter amendment herein may be initiated either by a unanimous vote of the Board of Selectmen, or by a citizen initiative (petition) equal to five percent of the voters.

§ 2645. Charters; adoption, repeal, or amendment; procedure (a) A municipality may propose to the General Assembly to adopt, repeal, or amend its charter by majority vote of the legal voters of the municipality present and voting at any annual or special meeting warned for that purpose in accordance with the following procedure: (1) A proposal to adopt, repeal, or amend a municipal charter (charter proposal) may be made by the legislative body of the municipality or by petition of five percent of the voters of the municipality. (2) An official copy of the charter proposal shall be filed as a public record in the office of the clerk of the municipality at least 10 days before the first public hearing. The clerk shall certify the date on which he or she received the official copy, and the dated copies thereof shall be made available to members of the public upon request.

§ 2661. Reconsideration or rescission of vote (a) A warned article voted on at an annual or special meeting of a municipality shall not be submitted to the voters for reconsideration or rescission at the same meeting after the assembly has begun consideration of another article. If the voters have begun consideration of another article, the original article may only be submitted to the voters at a subsequent annual or special meeting duly warned for the purpose and called by the legislative body on its own motion or pursuant to a petition requesting such reconsideration or rescission signed and submitted in accordance with subsection (b) of this section. A vote taken at an annual or special meeting shall remain in effect unless rescinded or amended. (b) If a petition requesting reconsideration or rescission of a question considered or voted on at a previous annual or special meeting is filed with the clerk of the municipality within 30 days following the date of that meeting, the legislative body shall provide for a vote by the municipality in accordance with the petition within 60 days of the submission at an annual or special meeting duly warned for that purpose. The number of signatures required for a petition for reconsideration or rescission shall be not less than five percent of the registered voters unless the voters of the municipality increase that percentage pursuant to the following: (1) At a meeting duly warned for the purpose, the voters of a municipality may require that a petition for reconsideration be signed by a percentage of registered voters that is not less than five percent nor greater than 20 percent. (2) A vote to increase the percentage of voters required to sign a petition for reconsideration or rescission to up to 20 percent shall be in substantially the following form: "Shall the (name of municipality) increase the percentage of voters required on a petition for reconsideration or rescission from five to (up to 20) percent?" (3) Once the voters of a municipality have voted to require a new percentage, that percentage shall remain in effect until the voters of the municipality vote to change the percentage. (c) A question voted on shall not be presented for reconsideration or rescission at more than one subsequent meeting within a one-year period, except with the approval of the legislative body. (d) For a vote by Australian ballot: (1) The form of the ballot shall be as follows: "Article 1: [cite the article to be reconsidered as lastly voted]." (2) Absentee ballots for the reconsideration or rescission vote shall be sent to any voter who requested an absentee ballot for the initial vote on the article to be reconsidered or rescinded, whether or not a separate request for an absentee ballot for the reconsideration or rescission vote is submitted by the voter. (e) A majority vote in favor of reconsideration or rescission of a question voted on by paper or Australian ballot shall not be effective unless the number of votes cast in favor of reconsideration or rescission exceeds two-thirds of the number of votes cast for the prevailing side at the original meeting unless the voters of the municipality approve a different percentage pursuant to the following: (1) At a meeting duly warned for the purpose, the voters of a municipality may require that a vote in favor of reconsideration or rescission shall not be effective unless the number of votes cast in favor of reconsideration or rescission exceeds a certain percentage of the number of votes cast for the prevailing side at the original meeting. (2) A vote to increase or decrease the percentage shall be in substantially the following form: "Shall the (name of municipality) change the percentage of votes cast in favor of reconsideration or rescission required for a vote to reconsider or rescind a question considered or voted on at a previous annual or special meeting to be effective to (percentage)?" (3) Once the voters of a municipality have voted to require a new percentage, that percentage shall remain in effect until the voters of the municipality vote to change the percentage. (f) A municipality shall not reconsider a vote to elect a local officer. (g) This section shall not apply to nonbinding advisory articles, which shall not be subject to reconsideration or rescission. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 105; 1991, No. 235 (Adj. Sess.); 2007, No. 36, § 1; 2013, No. 161 (Adj. Sess.), § 50; 2017, No. 50, § 52.)

§ 2645. Charters; adoption, repeal, or amendment; procedure (a) A municipality may propose to the General Assembly to adopt, repeal, or amend its charter by majority vote of the legal voters of the municipality present and voting at any annual or special meeting warned for that purpose in accordance with the following procedure: (1) A proposal to adopt, repeal, or amend a municipal charter (charter proposal) may be made by the legislative body of the municipality or by petition of five percent of the voters of the municipality. (2) An official copy of the charter proposal shall be filed as a public record in the office of the clerk of the municipality at least 10 days before the first public hearing. The clerk shall certify the date on which he or she received the official copy, and the dated copies thereof shall be made available to members of the public upon request. (3)(A) The legislative body of the municipality shall hold at least two public hearings prior to the meeting to vote on the charter proposal. (B) The first public hearing shall be held in accordance with subdivision (a)(2) of this section and at least 30 days before the vote. (4)(A) If the charter proposal is made by the legislative body, the legislative body may revise the proposal as a result of suggestions and recommendations made at a public hearing, but in no event shall such revisions be made less than 20 days before the date of the meeting to vote on the charter proposal. (B) If revisions are made, the legislative body shall post a notice of these revisions in the same places as the warning for the meeting not less than 20 days before the date of the meeting and shall attach such revisions to the official copy kept on file for public inspection in the office of the clerk of the municipality. (5)(A) If the charter proposal is made by petition, the second public hearing shall be held no later than 10 days after the first public hearing. The legislative body shall not have the authority to revise a charter proposal made by petition. (B) After the warning and hearing requirements of this section are satisfied, the petitioned charter proposal shall be submitted to the voters at the next annual meeting, primary, or general election in the form in which it was filed, except that the legislative body may make technical corrections. (6)(A) Notice of each public hearing and of the annual or special meeting shall be given in accordance with section 2641 of this chapter. (B)(i) Each notice shall specify the charter sections to be adopted, repealed, or amended, setting out those sections in the amended form, with deleted matter struck through and new matter underlined. (ii) If the legislative body of the municipality determines that the charter proposal is too long or unwieldy to set out in amended form, the notice shall include a concise summary of the charter proposal and shall state that an official copy of the charter proposal is on file for public inspection in the office of the clerk of the municipality and that copies thereof shall be made available to members of the public upon request. (7)(A) Voting on a charter proposal shall be by Australian ballot. (B)(i) The ballot shall show each charter section to be adopted, repealed, or amended in the amended form, with deleted matter struck through and new matter underlined, and shall permit the voter to vote on each separate proposal contained within the charter proposal. (ii) If the legislative body determines that the charter proposal is too long or unwieldy to be shown in the amended form, voters shall be permitted to vote upon each separate proposal in its entirety in the form of a yes or no proposition. (C) An official copy of the charter proposal shall be posted conspicuously in each ballot booth for inspection by the voters during the balloting. (b)(1) The clerk of the municipality, under the direction of the legislative body, shall announce and post the results of the vote immediately after the vote is counted. (2) The clerk, within 10 days after the day of the meeting, shall certify to the Secretary of State each separate proposal contained within the charter proposal, showing the facts as to its origin and the procedure followed, which shall include: (A)(i) If the charter proposal was made by the legislative body, the minutes recorded by the legislative body that detail the origins and intent of each separate proposal; (ii) If the charter proposal was made by voter petition, the body of the petition and evidence of the required number of petition signatures; (B) A copy of the official certified copy of the charter proposal filed with the clerk of the municipality pursuant to subdivision (a)(2) of this section; (C) Copies of the warnings and published notices for each of the public hearings held pursuant to subdivision (a)(3) of this section; (D) Minutes recorded by the legislative body that detail each of the public hearings held pursuant to subdivision (a)(3) of this section; (E) Copies of warnings and published notices for the meeting to vote on the charter proposal; and (F) A copy of the ballot and the results of the vote or votes on the charter proposal. (c) After confirming that the clerk of the municipality has certified each of the documents listed in subdivision (b)(2) of this section, the Secretary of State shall file the certificate and deliver copies of it to the Attorney General, the Clerk of the House, the Secretary of the Senate, and the chairs of the committees concerned with municipal charters of both houses of the General Assembly. (d) The charter proposal shall become effective upon affirmative enactment of the proposal, either as proposed or as amended by the General Assembly. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 100; 1981, No. 239 (Adj. Sess.), § 22, eff. May 4, 1982; 1983, No. 161 (Adj. Sess.); 1987, No. 63; 2017, No. M-7, § 2A, eff. May 22, 2017.)

In all respects not inconsistent with this charter, the provisions of the general statutes respecting freemen's meetings shall apply to such meetings in said City, except that a voter's name shall not be required to be checked when his or her ballot is deposited in the ballot box, and except that the number of ballot clerks and assisting clerks to be appointed shall be discretionary with the Board of Civil Authority.

§ 3-449. Authority for joint venture for telecommunications In addition to the authority granted under otherwise applicable law, the City has the power and is authorized to establish a joint venture or any other business relationship with one or more third parties to provide telecommunications or cable television services within or without the corporate limits of the City; provided that before such joint venture or business relationship may sell telecommunications or cable television services, it shall obtain whatever regulatory approvals are necessary, and shall pay all taxes, franchise fees, and similar charges assessed by the City on an incumbent. (Amended 1999, No. M-14 (Adj. Sess.), § 5d.)

§ 3-303. Alteration, amendment, or repeal of charter This charter may be altered, amended, or repealed by the General Assembly whenever the public good shall require.

(2) Notwithstanding the above, however, five per cent of the qualified voters of the City may petition for referendum review of the action by the City Council. Any such request for referendum review shall be in accordance with and governed by the procedures specified in section 63 of this charter for borrowing on behalf of Burlington Electric Department.

§ 3-55. City Council may authorize sale or lease The City Council shall have the exclusive power to authorize sale or lease of any real or personal estate belonging to said City, and all conveyances, grants, or leases of any such real estate shall be signed by the Mayor and sealed with the City seal.

(b) Upon request of the City Council by resolution or upon petition signed by five percent of the legal voters, filed with the Chief Administrative Officer, the Mayor shall insert in the warning for the annual City meeting any special article for any legal purpose beyond the jurisdiction of the City Council, the purpose to be set forth in said article as stated in such resolution or petition and the Chief Administrative Officer shall prepare suitable ballots in sufficient quantities for the vote upon the article. For the City annual meeting in March of each year, the resolution or petition must be filed with the Chief Administrative Officer not later than the deadline established in 17 V.S.A. chapter 55 as the same may be amended from time to time, and for any special elections, the resolution or petition must be filed with the Chief Administrative Officer not later than 60 days prior to the election; provided, however, that any petition for the insertion of any article calling for the resubmission, reconsideration, or recision of any question previously submitted to the legal voters of the City shall be filed not later than the deadline established for requesting reconsideration or recision of a prior vote as specified in 17 V.S.A. § 2661 as the same may be amended from time to time; and provided further, that no question previously submitted to the legal voters of the City shall be more than once resubmitted or presented for reconsideration or recision except upon request of the City Council by resolution. Each page of a petition filed under this section shall bear the full text of the petition, each signature to the petition shall be witnessed, each signer of such petition shall set after his or her signature his or her legal address within the City, and any part of the petition not conforming to these requirements shall be invalid. (Amended 2019, No. M-12 (Adj. Sess.), § 2, eff. Oct. 8, 2020.)

§ 3-25. Requirements generally Special meetings of all the legal voters of said City shall be called by the Mayor upon request by resolution of the City Council or on petition signed by five per cent of the legal voters for any legal purpose beyond the jurisdiction of the City Council, said purpose to be set forth in the warning for said meeting; provided, however, that any petition for the calling of any special meeting for the resubmission, reconsideration, or rescission of any question previously submitted to the legal voters of said City shall be filed not more than 30 days after such previous submission; and provided further, that no question previously submitted to the legal voters of said City shall be more than once resubmitted or presented for reconsideration or rescission except upon request of the City Council by resolution. Each page of a petition filed under this section shall bear the full text of such petition, each signature to such petition shall be witnessed, each signer of such petition shall set after his or her signature his or her legal address within the City, and any part of such petition not conforming to these requirements shall be invalid. At such special meetings those persons only shall be entitled to vote whose names are on the checklist used for the last annual City election, and such persons as were or have become entitled by law to have their names on such checklist and whose names have been added thereto by the Board for Registration of Voters since said City election. The Board for Registration of Voters shall hold a meeting or meetings to make additions and corrections to said checklist.

§ 19-416. Results of election (a) Initiative. If a majority of the qualified voters voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the Council. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. (b) Referendum. If a majority of the qualified voters voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results. (Added 2015, No. M-19 (Adj. Sess.), § 2, eff. May 17, 2016.)

§ 19-412. Petitions (a) Number of signatures. Initiative and referendum petitions must be signed by at least five percent of the legal voters of the City. (b) Form and content. All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. (c) Affidavit of circulator. Each paper of a petition shall have attached to it when filed an affidavit executed by the circulator thereof stating that he or she personally circulated the paper, the number of signatures thereon, that all the signatures were affixed in his or her presence, that they are believed to be the genuine signatures of the persons whose names they purport to be, and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered. (d) Time for filing referendum petitions. Referendum petitions must be filed within 30 days after adoption by the Council of the ordinance sought to be reconsidered. (Added 2015, No. M-19 (Adj. Sess.), § 2, eff. May 17, 2016.)

§ 19-414. Referendum petitions; suspension of effect of ordinance When a referendum petition is filed with the City Clerk, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when: (1) there is a final determination of insufficiency of the petition; (2) the petitioner withdraws the petition; (3) the Council repeals the ordinance; or (4) 30 days have elapsed after a vote of the City on the ordinance. (Added 2015, No. M-19 (Adj. Sess.), § 2, eff. May 17, 2016.)

(b) Submission to voters. The vote of the City on a proposed or referred ordinance shall be held not less than 30 days from the date of the final Council vote thereon. If no regular City election is to be held within the period prescribed in this subsection, the Council shall provide for a special election; otherwise, the vote shall be held at the same time as such regular election, except that the Council may in its discretion provide for a special election at an earlier date within the prescribed period. Copies of the proposed or referred ordinance shall be made available at the polls.

(a) Action by Council. When an initiative or referendum petition has been finally determined sufficient, the Council shall promptly consider the proposed initiative ordinance in the manner provided in this Article or reconsider the referred ordinance by voting its repeal. If the Council fails to adopt a proposed initiative ordinance without any change in substance within 60 days or fails to repeal the referred ordinance within 30 days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the voters of the City.

(b) Referendum. The qualified voters of the City shall have power to require reconsideration by the Council of any adopted ordinance and, if the Council fails to repeal an ordinance so reconsidered, to approve or reject it at a City election, provided that such power shall not extend to the budget or capital improvements program or any emergency ordinance or ordinance relating to appropriation of money or levy of taxes. (Added 2015, No. M-19 (Adj. Sess.), § 2, eff. May 17, 2016.)

(a) Initiative. The qualified voters of the City shall have power to propose ordinances to the Council and, if the Council fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a City election, provided that such power shall not extend to the budget or capital improvements program or any ordinance relating to appropriation of money, levy of taxes, or salaries of City offices or employees.

(a) The Mayor shall call a special meeting of all the legal voters of the City, when petitioned to do so by not less than five percent of the legal voters of the municipality, but only for any legal purpose beyond the jurisdiction of the Board of Aldermen. (b) The Mayor shall call a special City meeting for any purpose upon being petitioned to do so by two-thirds of the members of the Board of Aldermen voting and present at a regular meeting, or by two-thirds of the members of the Board of School Commissioners, voting and present at a regular meeting. (c) Also, the Mayor may, with the approval of the Board of Aldermen, call a special meeting for any purpose when he or she feels such a meeting is necessary for the public good. (d) At such special meetings those persons whose names are on the checklist used for the last City election shall be entitled to vote; and also such persons as were or have become entitled by law to have their names on the checklist and whose names have been added thereto, by the Board of Civil Authority since said City election. (e) The questions at any such special meeting shall be decided by ballot. There shall be separate polling places in each ward, for every such special meeting and the ward officers hereinbefore named shall act at such meeting in the same manner and have the same powers as at City or ward elections. For all such meetings it shall be the duty of the City Clerk to prepare and distribute suitable ballots in the same manner provided for city and ward elections. (Amended 1997, No. M-17(Adj. Sess.), § 2.)

The warning shall also contain any article or articles requested by a petition signed by at least five percent of the legal voters of the municipality and filed with the legislative branch not less than 40 days before the day of such meeting.

E) An initiative approved under the provisions of this subsection shall be considered in all respects as if it had been adopted by the Selectboard or school directors.

(F) No petition shall be rejected for inclusion in the warning for any reason other than insufficient signatures.

(2) Petition for inclusion in the warning of an article to adopt an ordinance. (A) Such petition shall be signed by at least 10 percent of the voters of the Town and shall state that it is to be binding.

(1) Petition for inclusion in the warning of an article to reflect public sentiment and to be advisory only. (A) Such petition, stating that it is advisory only, shall be signed by at least five percent of the voters of the Town. If it is desired that the article be acted upon by all voters of the Town by Australian ballot, the petition shall so state. If the petition is silent as to being acted upon by the voters of the Town at a General Town Meeting, said article shall be acted upon by the Representative Town Meeting as an advisory vote.

§ 107-3.5. Recall (a) The voters of the Town may recall any of the elected Town or Town School District officers listed in subchapter 2, section 2.1 of this charter. (b) A recall petition, signed by at least 25 percent of the legal voters of the Town, and bearing their addresses, shall be filed with the Town Clerk within 15 calendar days of its issue. The Town Clerk upon receipt of a valid petition shall, between 45 and 60 calendar days, hold a special election with voting by Australian ballot to consider the recall of an elected Town officer. (c) When such a petition is approved by a majority of the ballots cast at such special election, the Town officer named in the petition shall thereupon cease to hold the office. (d) A vacancy resulting from the recall of an officer shall be filled in the manner prescribed by law. (e) A recall petition shall not be brought against an individual more than once within 12 months. (Amended 2011, No. M-10 (Adj. Sess.), § 2, eff. April 27, 2012.)

§ 107-3.4. Referendum The voters of the Town may petition for a referendum, by Australian ballot of all voters of the Town, on a final vote on a warned article taken by Representative Town Meeting. Such petition shall be filed within 10 days after adjournment of the meeting. (1) A petition for referendum shall be signed by at least five percent of the voters of the Town; or (2) A petition for referendum shall be signed by at least 50 Representative Town Meeting members. (Amended 2011, No. M-10 (Adj. Sess.), § 2, eff. April 27, 2012.)

§ 13-506. Petition for enactment of ordinance; special meeting (a) Subject to the provisions of section 505 of this charter, voters of the City may at any time petition in the same manner as in section 505 for the enactment of any proposed lawful ordinance by filing such petition, including the text of such ordinance, with the City Clerk. The Council shall call a special City meeting to be held within 45 days of the date of such filing, unless prior to such meeting such ordinance shall be enacted by the Council. The warning for such meeting shall include a short, concise one-paragraph description of the effects of the proposed ordinance and shall provide for an aye and nay vote as to its enactment. The warning shall also include reference to a place within the City where copies of the entire text of the proposed ordinance may be examined. Such ordinance shall take effect on the 10th day after the conclusion of such meeting provided that the electors as qualified in section 505, constituting a majority of those voting thereon, shall have voted in the affirmative. (b) Any such proposed ordinance shall be examined by the City Attorney before being submitted to the special City meeting. The City Attorney is authorized subject to the approval of the Council, to correct such ordinance so as to avoid repetitions, illegalities, and unconstitutional provisions and to insure accuracy in its text and references and clearness and preciseness in its phraseology, but he or she shall not materially change its meaning and effect. (c) The provisions of this section shall not apply to any appointments of officers, members of commissions, or boards made by the Council or to the appointment of designation or councilmen, or to rules governing the procedure of the Council.

§ 13-505. Rescission of ordinances All ordinances shall be subject to rescission by a special City meeting, as follows: if, within 10 days after final passage by the Council of any such ordinance, a petition signed by electors of the City not less in number than 10 percent of the number of votes cast in the last municipal election is filed with the City Clerk requesting its reference to a special City meeting, the Council shall fix the time and place of such meeting, within 14 days after the filing of the petition, and notice thereof shall be given in the manner provided by law in the calling of a special City meeting. An ordinance so referred shall remain in effect upon the conclusion of such meeting unless electors not less in number than 10 percent of the number of votes cast in the last municipal election and constituting a majority of those voting thereon, shall have voted against the ordinance.

§ 103-104. Recall (a) The voters of the Town may recall any of the elected Town officers listed in subchapter 2 of this charter. (b) A recall petition, clearly stating cause, signed by at least 30 percent of the legal voters of the Town, and bearing their addresses, shall be filed with the Select Board within 15 calendar days of its issue. The Select Board upon receipt of a valid petition shall, after 60 calendar days, hold a special election, with voting by Australian Ballot, to consider the recall of an elected Town officer. When such a petition is approved by a majority of two-thirds of the ballots cast at such special election, the officer named in the petition shall thereupon cease to hold his/her office, and the office shall be considered vacant until filled by a special election to be held within 60 days. (c) A recall petition shall not be brought against an individual more than once during his/her term of office.

§ 103-103. Initiative: advisory votes The voters of the Town have the power to petition for a nonbinding advisory vote to reflect public sentiment. Such petition shall be signed by at least five percent of the voters of the Town and shall state that it is advisory only. The Select Board, upon receipt of such a petition, shall place the article on the warning for the next Town meeting or any other Town election.

§ 127-108. Referendum (a) All Town ordinances, except as specified in section 110 of this charter, may be repealed by vote of the Town as follows: A petition signed by not less than 10 percent of the registered voters shall be filed with the Town Clerk requesting a vote on the question of repealing the ordinance. The selectmen shall call a special Town meeting to be held within 60 days of the date of filing the petition, to vote on whether the ordinance shall be repealed. The ordinance shall be repealed only if at least 15 percent of the registered voters vote and a majority of that number vote for repeal. (b) Within 40 days after passage of an ordinance, five percent of the registered voters shall constitute sufficient signatures for a referendum petition, and all other procedures of subsection (a) of this section shall apply.

§ 127-109. Initiative Any lawful ordinance may be enacted by vote of the Town as follows: A petition signed by not less than five percent of the registered voters shall be filed with the Town Clerk requesting enactment of the ordinance and accompanied by the text thereof. The selectmen shall call a special Town meeting to be held within 60 days of the date the petition is filed, unless prior to such meeting, the selectmen shall have enacted the ordinance. The warning for the meeting shall include the text of the proposed ordinance and shall provide for a "yes" or "no" vote as to its enactment. The ordinance shall be adopted if at least 15 percent of the registered voters vote and a majority of that number vote for adoption. The ordinance shall take effect on the 30th day following adoption.

The Clerk of the City shall at any time when directed by the City Council, or when petitioned in writing by at least five percent of the registered voters of the City and filed with the City Clerk no less than 40 days before the day of such meeting, call a special meeting of the legal voters of the City, for any legal purpose, in the same manner as is provided for the annual meeting, except as is hereinafter provided: (1) Whenever a petition is brought for a meeting to rescind or reconsider the action taken at a previously held City meeting, the number of names required shall be 10 percent of the legal voters, and the petition shall be filed with the City Clerk within 30 days following the date of that meeting.

(j) Any officer elected under section 202 of this charter may be removed from office as follows:  A legal petition stating specific cause as cited by the petitioner signed by not less than 15 percent of the registered voters shall be filed with the Town Clerk requesting a vote on whether the elected official shall be removed from the office. The Selectboard in the case of the Town and the School Board in the case of the School shall call a Special Town or School Meeting to be held within 45 days of receiving the petition, to vote on whether the elected officer shall be removed. The officer shall be removed only if at least one-third of the registered voters of the Town vote and a majority of that number vote for removal.

(c) Initiative. Any lawful ordinance may be enacted by vote of the Town as follows:  A petition signed by not less than five percent of the registered voters shall be filed with the Town Clerk requesting enactment of the ordinance and accompanied by the text thereof. The warning for the next annual Town meeting shall include the text of the proposed ordinance and shall provide for a "yes" or "no" vote.

(f) Referendum. (1) A Town ordinance may be repealed by vote of the Town as follows: A petition requesting a vote on the question of repealing the ordinance shall be signed by not less than five percent of the registered voters and shall be filed with the Town Clerk within 40 days following the date of adoption of the ordinance by the Selectboard. The Selectboard shall call a special Town meeting to be held within 60 days of the date of filing the petition to vote by Australian ballot on whether or not the ordinance shall be repealed. The warning shall include the text of the proposed ordinance and shall provide for a "yes" or "no" vote.

(c) The warning for annual and special City meetings shall, by separate articles, specifically indicate the business to be transacted, including the offices and the questions to be voted upon. The warning also shall contain any legally binding article or articles requested by 10 percent of the registered voters of the City. Petitions requesting that an article or articles be placed on the warning shall be filed with the City Clerk on or before the filing deadline set forth in 17 V.S.A. § 2642(a)(3). (Amended 2005, No. M-7, § 4; 2007, No. M-5, § 2; 2017, No. M-10, § 2, eff. May 30, 2017.)

§ 123-311. Recall of elected officials (a) Any elected Town officer may be removed from office as follows: A petition signed by not less than 25 percent of the registered voters shall be filed with the selectmen, requesting a vote on whether the elected officer shall be removed from office. The date of signing by each voter shall be indicated in the petition and such date shall not be earlier than 30 days prior to the filing of the petition. The selectmen shall call a special Town meeting, to be held within 45 days of receiving the petition, to vote on whether the elected town officer shall be removed. The officer shall be removed only if at least as many registered voters of the Town vote as voted in the election wherein the officer was elected, or at least one-third of the registered voters of the Town vote, whichever is greater, and a majority of the number of votes is cast for removal. Notwithstanding any other provision of law or of this charter to the contrary, any vote on a recall petition shall be by the Australian ballot system. (b) If the Town votes for removal of an elected officer, the office shall thereupon become vacant, and the selectmen shall call a special meeting, to be held within 45 days of the vote for removal, to fill the vacancy until the term of the officer so removed expires. The office shall remain vacant until the next annual Town meeting if such special meeting would fall within 75 days prior to the annual Town meeting.

§ 123-108. Referendum (a) All Town ordinances, except as specified in section 110 of this charter, may be repealed by vote of the Town as follows: A petition signed by not less than 15 percent of the registered voters shall be filed with the Town Clerk requesting a vote on the question of repealing the ordinance. The selectmen shall call a special Town Meeting to be held within 60 days of the date of the filing of the petition, to vote on whether the ordinance shall be repealed. (b) Within 30 days after passage of an ordinance, 15 percent of the registered voters shall constitute sufficient signatures for referendum petition, and any other procedures of section 108(a) of this charter apply.

Any lawful ordinance may be enacted by vote of the Town as follows:  A petition signed by not less than 15 percent of the registered voters shall be filed with the Town Clerk requesting enactment of the ordinance and accompanied by the text thereof. The selectmen shall call a special Town meeting to be held within 60 days of the date the petition is filed, unless prior to such meeting, the selectmen shall have enacted the ordinance. The warning for the meeting shall include a summary of the text of the proposed ordinance, its effective date and penalty provision for violation thereof, and shall be posted and published as the law of this State requires for special meeting generally. The warning shall provide for a "yes" and "no" vote by ballot as to its enactment. Copies of the proposed ordinance shall be posted in its entirety in at least five locations in Town for at least 30 consecutive days to the date of said special Town meeting. In the discretion of the selectmen, the enactment of such ordinance may be proposed as an article in the warning for the next ensuing annual Town meeting, providing that such annual meeting shall be held within 120 days of the filing of such petition for enactment.

§ 124-6. Removal of elected Town officers Any elected Town officer may be removed from office subject to the following conditions and procedures: (1) A written petition, signed by not less than 15 percent of the registered voters of the Town, seeking the removal of such Town officer or officers, and requesting a vote of the Town at a regular or special meeting called for the purpose, shall be filed with the Selectboard and the Town Clerk. (2) Within 15 days after receipt of the petition, the Selectboard shall warn a special Town meeting, or if the annual meeting is to occur within 45 days of the filing of the petition, include an article in the warning for the annual meeting, for the purpose of voting, by Australian ballot, on whether the officer or officers shall be removed from office. (3) The officer or officers shall be removed from office only if at least as many registered voters of the Town cast votes in the special Town meeting or annual meeting as voted in the election wherein the officer subject to the vote of removal was originally elected. (4) Removal shall require a majority of the votes cast at the regular or special Town meeting. (5) If an officer is removed according to the foregoing procedure, the officer shall forthwith cease to hold office and the office shall become vacant. The vacancy shall be filled as provided by law and this charter. (6) Only one petition for removal may be filed against any given elected officer during any 12-month period of his or her term of office. (Added 2005, No. M-9 (Adj. Sess.), § 2, eff. Feb. 24, 2005.)

(c) An ordinance takes effect 15 days after passage unless the City Council or the City Clerk receives a petition signed by five percent of the voters calling for a public vote to disapprove the ordinance. (Amended 2013, No. M-19 (Adj. Sess.), § 2, eff. May 20, 2014.)

§ 5-514. Reconsideration and rescission (a) Action taken on a warned article at an annual or special meeting may be submitted to the voters at a subsequent annual or special meeting on motion of the City Council or pursuant to a petition requesting reconsideration or rescission signed by not less than 10 percent of the registered voters and filed with the City Clerk within 30 days following the date of the annual or special meeting at which the action was taken. (b) A majority vote in favor of reconsideration or rescission shall not be effective unless the number of votes in favor of reconsideration or rescission exceeds two-thirds of the number of votes cast for the prevailing side at the original meeting. (Amended 2011, No. M-15 (Adj. Sess.), § 2, eff. May 7, 2012.)

The warning also shall contain any legally binding article or articles requested by 10 percent of the registered voters of the City. The warning shall also include any nonlegally binding articles, including matters of State, national, or international importance requested by five percent of the voters.

This charter may be amended as set forth by the general law of this State.

133-103. Recall Any elected official or official appointed to elective office holding a Town office may be recalled by the following process: (1) A petition signed by not less than 35 percent of the number of registered voters voting in the last annual Town meeting shall be filed with the Town Clerk. (2) The petition shall request a special Town meeting for the purpose of recalling a specific person or persons and shall state the office that they hold. (3) The selectmen shall act upon the petition within seven days by warning a special Town meeting. (4) The Town meeting shall be held not less than 30 days and not more than 40 days from the date of the receipt of the petition. (5) The special Town meeting shall be warned as provided by the general law of this State. (6) At least four days but not more than 15 days prior to the voting, an informational meeting shall be held at which time both the elected official and the proponents for the recall shall have the opportunity to discuss the issue of recall. The informational meeting shall be warned in conjunction with the warning for the special Town meeting. (7) Voting on the issue of recall shall be by Australian ballot. A majority of the legal votes cast shall be needed to effect a recall of that official.

§ 151-21. Recall Any Town officer, as defined by 17 V.S.A. § 2646, may be recalled by the following process: (1) A petition shall be filed with the Town Clerk signed by not less than twenty-five percent of the number of registered voters at the time the petition is submitted. (2) The petition shall request a meeting of the voters of the Town for the purpose of recalling a Town officer and shall set forth the name of the person to be recalled, the reason for the recall, and shall identify the office he or she holds.