Open Meeting Law

The Open Meeting Law 1 V.S.A. §§ 310-314, provides that “[a]ll 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 intent of the law is to create transparency in government by requiring advance public notice and an opportunity for public participation in governmental decisions.

Per Vermont Law, boards of municipal public bodies must:

Provide advance notice of meetings. 1 V.S.A. §§ 312(c), 310(5);
Create and post an agenda for all regular and special meetings. 1 V.S.A. § 312(d);
Conduct all business in an open meeting (unless an exemption applies). 1 V.S.A. §§ 312(a); 313(a);
Vote by roll call when there is electronic participation. 1 V.S.A. § 312(a)(2)(B);
Allow public comment at meetings. 1 V.S.A. § 312(h);
Take and post minutes. 1 V.S.A. § 312(b); and
Respond to complaints of violation. 1 V.S.A. § 314(b)(2)

In response to the sunsetting on July 1, 2024 of the temporary authority to allow local public bodies to meet remotely during the COVID pandemic, the Legislature passed, and the Governor signed into law, Act 133 (S.55). Act 133, which is effective July 1st of 2024, makes permanent the ability of some local and State public bodies (e.g. advisory bodies) to meet without designating a physical meeting location (i.e. remotely), while imposing upon others (nonadvisory bodies) the requirement to record and post their meetings.

West Windsor has the following "nonadvisory bodies", which must adhere to the Vermont Open Meeting Law amendment to record and post their meetings:

Selectboard - Mark Higgins, Chair, mark.m.higgins@gmail.com

Board of Civil Authority - Amy Yates, Town Clerk, ayates@westwindsorvt.org

Board of Abatement - Amy Yates, Town Clerk, ayates@westwindsorvt.org

Development Review Board - Shannon Harrington, Chair, hshannon383@gmail.com

Mary L. Blood Library Board of Trustees - Michael Epstein, Chair, mepstein@bidmc.harvard.edu

The West Windsor Nonadvisory Board Meeting Recordings are therefore posted here.

Open Meeting Law Complaints

For the full text of Title 1, Section 314, regulating the penalty and enforcement of Open Meeting Law violations, please click here. For the pdf version of Title 1, Section 314, please click here.

Open Meeting Law complaints directed to the Town of West Windsor must be filed using the West Windsor Open Meeting Law Complaint Form. This form must be submitted via email to the Town Administrator or via physical mail at:

Town of West Windsor

P.O. Box 6

Brownsville, VT 05037

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.

Open Meeting Law complaints directed to the Vermont Attorney General can be sent to:

Vermont Attorney General's Office
Address: 109 State Street, Montpelier, VT 05609
Phone (802) 828-3171
Email: ago.info@vermont.gov

Full Text of § 314

Title 1 : General Provisions

Chapter 005 : Common Law; General Rights

Subchapter 002 : Public Information

(Cite as: 1 V.S.A. § 314) § 314. Penalty and enforcement

(a) A person who is a member of a public body and who knowingly and intentionally violates the provisions of this subchapter, a person who knowingly and intentionally violates the provisions of this subchapter on behalf or at the behest of a public body, or a person who knowingly and intentionally participates in the wrongful exclusion of any person or persons from any meeting subject to this subchapter shall be guilty of a misdemeanor and shall be fined not more than $500.00.

(b)(1) Prior to instituting an action under subsection (c) of this section, the Attorney General or any person aggrieved by a violation of the provisions of this subchapter shall provide the public body written notice that alleges a specific violation of this subchapter and requests a specific cure of such violation. The public body will not be liable for attorney’s fees and litigation costs under subsection (d) of this section if it cures in fact a violation of this subchapter in accordance with the requirements of this subsection.

(2) Upon receipt of the written notice of alleged violation, the public body shall respond publicly to the alleged violation within 10 calendar days by:

(A) acknowledging the violation of this subchapter and stating an intent to cure the violation within 14 calendar days; or

(B) stating that the public body has determined that no violation has occurred and that no cure is necessary.

(3) Failure of a public body to respond to a written notice of alleged violation within 10 calendar days shall be treated as a denial of the violation for purposes of enforcement of the requirements of this subchapter.

(4) Within 14 calendar days after a public body acknowledges a violation under subdivision (2)(A) of this subsection, the public body shall cure the violation at an open meeting by:

(A) either ratifying, or declaring as void, any action taken at or resulting from:

(i) a meeting that was not noticed in accordance with subsection 312(c) of this title; or

(ii) a meeting that a person or the public was wrongfully excluded from attending; or

(iii) an executive session or portion thereof not authorized under subdivisions 313(a)(1)-(10) of this title; and

(B) adopting specific measures that actually prevent future violations.

(c) Following an acknowledgment or denial of a violation and, if applicable, following expiration of the 14-calendar-day cure period for public bodies acknowledging a violation, the Attorney General or any person aggrieved by a violation of the provisions of this subchapter may bring an action in the Civil Division of the Superior Court in the county in which the violation has taken place for appropriate injunctive relief or for a declaratory judgment. An action may be brought under this section no later than one year after the meeting at which the alleged violation occurred or to which the alleged violation relates. Except as to cases the court considers of greater importance, proceedings before the Civil Division of the Superior Court, as authorized by this section and appeals therefrom, take precedence on the docket over all cases and shall be assigned for hearing and trial or for argument at the earliest practicable date and expedited in every way.

(d) The court shall assess against a public body found to have violated the requirements of this subchapter reasonable attorney’s fees and other litigation costs reasonably incurred in any case under this subchapter in which the complainant has substantially prevailed, unless the court finds that:

(1)(A) the public body had a reasonable basis in fact and law for its position; and

(B) the public body acted in good faith. In determining whether a public body acted in good faith, the court shall consider, among other factors, whether the public body responded to a notice of an alleged violation of this subchapter in a timely manner under subsection (b) of this section; or

(2) the public body cured the violation in accordance with subsection (b) of this section.

(e) A municipality shall post on its website, if it maintains one:

(1) an explanation of the procedures for submitting notice of an Open Meeting Law violation to the public body or the Attorney General; and

(2) a copy of the text of this section.