Vermont Open Meeting Law

Open Meeting Law

The State of Vermont Open Meeting Law (1 V.S.A. §§ 310–314) requires that meetings of public bodies be open to the public.

A “meeting” occurs when a quorum of a public body gathers to discuss or take action on town business. This includes the Selectboard, committees, and subcommittees.

Public bodies must:

• Provide advance notice of meetings

• Post an agenda

• Keep minutes of all meetings

Meetings are open to the public except in limited circumstances allowed by law (executive session).

For more information, please refer to the Vermont Open Meeting Law & Training Video.
Avoid Common Open Meeting Law Mistakes
The purpose of Vermont's Open Meeting Law is to ensure that the public's business is discussed openly and transparently. Before communicating with other members of a public body, ask yourself:
"Is Town business being discussed outside of a properly warned public meeting?"
If the answer is yes, the communication may violate the Open Meeting Law.
 Key Definitions
Quorum: A majority of the total number of positions on a public body, calculated using all authorized positions, regardless of vacancies, absences, or recusals. Example:A five-member board has a quorum of **three**, even if one seat is vacant.
Business: The governmental functions of a public body, including any matter over which it has supervision, control, jurisdiction, decision-making authority, or advisory authority.
Email and Text Messages
Be cautious when communicating with a quorum of a public body through group emails or text messages.
Avoid using "Reply All" if the discussion involves Town business. An email or text conversation among a quorum discussing public business may be considered a meeting under Vermont law.
The following communications are generally permissible, provided no discussion or deliberation of Town business occurs:
* Scheduling or rescheduling a meeting
* Organizing or preparing a meeting agenda
* Distributing materials for review before a meeting without discussing their content
* Coordinating attendance at training programs
* Non-business or purely social communications
* Gathering as a quorum at a properly warned meeting of another public body
* Staff work assignments
* Routine administrative matters that do not require action by the public body
Social Media
Members of a public body should not discuss Town business on social media if a quorum participates in the conversation.
This includes platforms such as Facebook, Front Porch Forum, Nextdoor, and other online discussion forums. Even informal online discussions may be considered a meeting if they involve a quorum discussing public business outside a properly warned public meeting.
Collaborative Online Documents
Public bodies should exercise caution when editing shared online documents.
Even if members edit a document individually over time, it may be considered an unlawful meeting if a quorum is effectively discussing or deliberating outside public view.
The Vermont Secretary of State recommends designating **one point person** to collect comments from individual members, compile suggested edits, and present the document for discussion and action at a properly warned public meeting.

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 Town of Ferrisburgh must be filed with the Town Clerk’s office by e-mail at townclerk@ferrisburghvt.org or to the Town Offices at 3279 Route 7, Ferrisburgh, VT 05456. 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. Please see the Open Meeting Law Violation Complaint Form fillable word document below. 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.

Act133 (S.55) of 2024 requires all municipalities to post a copy of Title 1, Section 314 to their website, if they maintain one.