TITLE I

PREFACE

Under authority granted by the General Assembly of the State of Vermont, the voters of the Town of Windsor adopt a charter for the following purposes:

(a) to clarify the structure and organization of town government;

(b) to define the duties and responsibilities of town officers, officials and employees;

(c) to establish procedural requirements for the proper transaction of town business; and

(d) to provide for the citizens of the Town of Windsor a unified and convenient reference with respect to the basic laws affecting local government.

CHAPTER I

TOWN OFFICERS RESPONSIBLE TO CITIZENS: TOWN MEETINGS

All governmental authority of the Town of Windsor rests with the citizens of the town, who exercise their powers in Town Meeting, and to whom the elected and appointed officers of the town are ultimately responsible.

(a) An annual town meeting for the consideration of the budget and other town business shall be held according to State law except as hereinafter provided.

(b) A special Town Meeting -

(1) may be called by a majority of the selectboard, or

(2) shall be called by the town clerk upon receipt by the clerk of a petition signed by at least ten percent (10%) of the voters, specifying the business to be transacted at the meeting. The meeting shall be held within sixty (60) days from the date the petition was filed.

(c) Whenever an issue or election is to be decided by Australian ballot, the ballot boxes shall be opened no earlier than 6:00 a.m., but no later than 10:00 a.m., as determined by the selectboard, and shall close at 7:00 p.m.

(a) The selectboard may postpone the vote on any question to be voted at a Special Meeting to the Annual Meeting, or November Federal Elections if such Special Meeting would fall within seventy-five (75) days of the Annual Meeting or November Federal Elections.

(b) If a Special Town Meeting falls within forty-five (45) days of a later Special Town Meeting called by petition, the selectboard may warn the question to be voted at such Town Meeting, and may by resolution rescind the call of the earlier meeting.

(a) At any annual or Special Town Meeting, the selectboard may cause any question to be decided by Australian ballot, provided that the warning for the meeting specifies the questions to be decided in that manner. A meeting at which any question is to be decided by Australian ballot shall be preceded by a Public Hearing for discussion. The warning for the meeting shall include a notice of the time and place of the Public Hearing.

(a) Public notice of every annual or Special Town Meeting or town election shall be given by a warning posted in at least three (3) places in the town at least thirty (30) days prior to but not more than forty (40) days prior to the meeting; and published two (2) times, on the same day of the week for two (2) consecutive weeks, in a newspaper having general circulation in the town. The first publication shall be at least twenty (20) days but not more than thirty (30) days prior to the day of the meeting.

(b) The warning shall -

(1) state the date, time and place of the meeting,

(2) be signed by a majority of the selectboard, except for meetings required by this charter to be called by the town clerk upon receipt of a petition, in which case the warning shall be signed only by the clerk,

(3) specifically indicate by separate articles what business is to be transacted at the meeting,

(4) contain any article approved by the selectboard, and

(5) contain any article requested by petition signed by at least five percent (5%) of the voters and filed with the town clerk at least forty-five (45) days prior to the day of the meeting.

(a) The moderator shall preside at all town meetings, but in the moderator's absence, the town clerk shall call the meeting to order, and the first order of business shall be the election of a moderator pro tempore to preside for the duration of the meeting. The moderator shall conduct every meeting according to this charter, the laws of the State of Vermont, and Robert's Rules of Order, Newly Revised, when not in conflict with this charter or the laws of the State of Vermont. The moderator shall preserve order in the conduct of the business of the meeting and in all things preserve the principles of fairness and openness in town government.

(b) The town clerk shall be the presiding officer at all town elections by Australian ballots and shall cooperate with the board of civil authority to assure that all laws relating to elections are faithfully observed. While the polls are open, the town clerk may rule on all questions concerning the conduct of the election and shall not be disqualified from performing any duties by reason of his or her own candidacy for any office. In the town clerk's absence, the members of the board of civil authority who are present may designate one of their members to perform the town clerk's duties under this section.

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 or Special Meeting or election, specifically warned for the purpose and called by the selectboard by resolution or by the town clerk pursuant to a petition requesting reconsideration or rescission. The petition must be signed by not less than ten percent (10%) of the voters and filed with the town clerk within thirty (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 sixty (60) days of the date of filing. The manner of reconsideration shall be the same manner by which the question was originally considered. A question voted on or considered shall not be presented for reconsideration or rescission more than one (1) time; provided , however, that after the passing of at least eight (8) 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. A vote to reconsider or rescind shall not be effective unless the number of votes cast in favor of reconsideration or rescission exceeds ninety percent (90%) of the number of votes cast for the prevailing side at the original meeting.

(a) The board of civil authority, herein also referred to as the BCA, shall consist of the justices of the peace residing within the town, the town clerk, and the selectboard. At the first meeting following each annual town election, the BCA shall elect a chair from among its members; the town clerk shall be the clerk of the BCA. In the event of the absence of either the chair or clerk from any meeting of the BCA, the first order of business shall be the election of a chair or clerk pro tempore, to serve for the balance of the meeting.

(b) The board of civil authority shall meet prior to every regular or Special Town Meeting or election to prepare, revise and post in the manner required by law, an alphabetical list of all the legal voters in the town. For that purpose the BCA shall have access to any books or lists belonging to the town, except as provided by law, and may require the assistance of any of the town officers. The BCA shall post in three (3) places an attested copy of the list of voters so prepared and corrected, at least four (4) days prior to the meeting or election, and the said list of voters so prepared and corrected, and no others, shall be used at the meeting or election. In preparing the list of voters the BCA shall record each name in such manner as to identify each voter precisely, so as to avoid any possible confusion.

(c) In addition to any other requirement of law, the BCA shall cause at least two (2) notices of the time and place of each of its meetings for the purpose of revising the checklist to be published in a newspaper of general circulation in the town. Publication shall be a least two (2) and not more than ten (10) days prior to such meeting, but no notice need be published with respect to an adjourned session of a meeting for which notice has been given.

(d) The BCA shall assist the town clerk and moderator in supervising all town elections and meetings and shall take care that all laws and requirements relating to elections and election procedures and town meetings are fully and faithfully kept. The BCA may require the presence of any law enforcement officers it may judge necessary to preserve the integrity of any election or town meeting.

(e) The members of the board of civil authority present shall constitute a quorum for all purposes.

(f) The board of civil authority shall hear and decide all appeals from the decisions of the listers, in accordance with state statute.

Nomination of persons to fill town offices shall be by petition containing the signatures of at least one percent (1%) of the voters. Petitions shall be filed with the town clerk, together with a written assent signed by the nominee. Both petition and written assent shall be filed at least thirty (30) and not more than forty (40) days prior to the election. When a petition is presented to the town clerk for filing, the clerk shall immediately examine it and ascertain whether it conforms to the provisions of this section. If not found in conformity, the clerk shall designate the defect in writing and return the petition, together with the written reason for rejection, within six (6) hours, to the candidate in whose behalf it was filed. The petition may again be presented when properly amended if this can be done within the time allowed for filing the petition. All town elections shall be non partisan and no party designation or slogan shall be printed on any town ballot or petition.

CHAPTER II

POWERS OF THE TOWN

(a) The Town of Windsor shall have all the powers granted to towns by the constitution and laws of this State, together with all the implied powers necessary to carry into execution all the powers granted; it may enact ordinances not inconsistent with the constitution and laws of the State of Vermont or with this charter, and impose penalties for violation thereof.

(b) The town may acquire property within or without its corporate limits for any town purpose, in fee simple or any lesser interest or estate , by purchase, gift, devise, lease or condemnation, consistent with the constitution and laws of the State of Vermont and may sell, lease, mortgage, hold manage and control such property as its interest may require consistent

with the constitution and laws of the State.

CHAPTER III

ELECTED OFFICERS

(a) The following officers shall be elected by the voters of the Town of Windsor, and voting for such officers shall be by Australian ballot;

(1) Five (5) Selectboard Members

(2) One (1) Town Clerk

(3) One (1) Town Treasurer

(4) One (1) Moderator

(5) Three (3) Listers

(6) Three (3) Auditors

(7) Three (3) Trustees of Public Funds

(b) Only a voter of the Town of Windsor may seek election to or hold a Town elective office.

(c) Any officer elected under this charter may be removed from office as follows: A petition signed by not less than fifteen (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 forty-five (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 one third of the registered voters of the Town vote, and a majority of those voting vote for removal.

If the Town voters vote for removal of an elected officer, the office shall thereupon become vacant. The Selectboard shall call a special Town meeting, to be held within forty-five (45) days of the vote for removal, to fill the vacancy until the term of the officer so removed expires.

The votes for removal and to fill the vacancy shall be by Australian ballot.

The Selectboard may fill such vacancy by appointment until a new member is duly elected.

(d) An auditor shall not be town clerk, town treasurer, member of the selectboard, constable, collector of taxes, trustee of public funds, town administrator, road commissioner, or town district school director; nor shall a spouse of or any person assisting any of these officers in the discharge of their official duties be eligible to hold office as auditor. A member of the selectboard shall not be a lister or an employee of the town. A town administrator shall not hold any elective office in the town government.

(a) Except as otherwise provided in this charter, all the powers of the town shall be entrusted to and exercised by a selectboard consisting of five (5) members chosen by the voters of the Town of Windsor. Three (3) members shall be elected for terms of three (3) years, and two (2) members shall be elected for terms of two (2) years. The board shall discharge all the duties conferred or imposed upon selectboards by law, including the duties of water and sewer commissioners, board of liquor commissioners, and any similar ex-officio duties; and when sitting in such official capacity, it shall not be necessary to convene in a separate capacity.

(b) The selectboard shall meet within three (3) business days after the annual election to elect a chair and a vice chair and to designate a clerk of the board. At the same meeting the board shall adopt rules of order and fix the time and place of its regular meetings, which shall be held at least twice a month, except for once a month during the months of June, July and August. Special meetings of the board may be called at any time by the chair, or in the chair's absence, the vice chair, or by a majority of the board in writing to the chair.

(c) No action of the board, except on purely procedural matters, shall be valid or binding unless approved by a majority of the full board except that in the case of a passage of an emergency ordinance, at least four (4) affirmative votes shall be required. Voting on all matters except procedural matters, shall be by roll call unless in the case of unanimous agreement.

(d) Upon due notice and hearing, the board may remove one of its members from office for failure to attend four (4) consecutive, regular meetings of the board without prior approval of the chair. Such removal shall be done only upon the affirmative vote of all four (4) remaining members.

(e) The selectboard shall, at their organizational meeting, designate an acting town administrator who shall have all the powers and duties of the town administrator in the event of the latter's absence or disability. The name of the acting town administrator shall be on file in the town clerk's office at all times.

Auditors shall be elected for terms of three (3) years, with one (1) elected each year. They shall be responsible for the proper financial accountability of the town, and for this purpose all town officers shall, within twenty (20) days after the close of the fiscal year, submit to the auditors such reports, records and materials as the auditors require for the discharge of their duties. The auditors shall then proceed to examine and adjust the accounts of all town officers and report their findings in writing, not later than one hundred and twenty (120) days after the close of the fiscal year. They shall cause their findings to be printed and made available to the voters. The auditors may employ the services of a certified public accountant at town expense to assist them in their duties.

(a) The board of listers shall consist of three (3) listers, one (1) elected each year for a term of three (3) years. The board of listers shall have the same powers and duties prescribed for listers under the laws of the State of Vermont.

(b) The board of listers shall annually review, or cause to be reviewed, their appraisals of all property in the town which is subject to taxation. The property shall be appraised in accordance with standards established by the laws of the State.

(c) The board of listers shall annually review and adjust their assessments of: all properties enrolled in the state Current Use program, all properties under tax stabilization agreements and all properties with partial exemptions.

(d) The board of listers shall annually update the Windsor Property Maps.

(e) The board of listers shall act as the Town’s E 9-1-1 Information Liaison.

(f) The board of listers shall be compensated as set forth in Chapter VI Section 30 of this Charter.

A moderator shall be elected for a term of one (1) year and shall perform all duties required by this charter, and to the extent not in conflict with this charter, all duties required by laws of the State of Vermont.

(a) The town clerk shall be elected for a three (3) year term and shall:

(1) receive fees for filing copies of records and other instruments and shall cause these fees to be paid to the general fund of the town;

(2) maintain a record of all action taken at special or annual town meeting;

(3) maintain all town records and an index to those records;

(4) maintain and file all reports required by law;

(5) perform any other duties required of the clerk by law, this charter or ordinances.

(b) Before entering upon the duties of the office the town clerk shall give a bond conditioned for the faithful performance of the clerk's duties. The bond shall be of a sum and with such surety as prescribed and approved by the selectboard, and the premium shall be paid by the town.

(c) The town clerk shall be subject to the Comprehensive Personnel Plan of the Town of Windsor, except for provisions relating to appointment, removal, dismissal, suspension and evaluation.

(a) The town treasurer shall be elected for a three (3) year term, and shall :

(1) receive taxes, assessments, charges and levies, and maintain a record of monies collected and uncollected;

(2) serve in the capacity of collector of current taxes and collector of delinquent taxes;

(3) pay orders drawn on him/her by officials authorized to draw orders;

(4) deposit and invest funds in a financially sound manner;

(5) provide detailed financial statements and reports, as may be required by selectboard;

(6) perform any other duties required of the treasurer by law, this charter or ordinances and by the selectboard.

(b) Before entering upon the duties of the office the town treasurer shall give a bond conditioned for the faithful performance of the treasurer's duties. The bond shall be of a sum and with such surety as prescribed and approved by the selectboard, and the premium shall be paid by the town.

3. The town treasurer shall be subject to the Comprehensive Personnel Plan of the Town of Windsor, except for provisions relating to appointment, removal, dismissal, suspension and evaluation.

CHAPTER IV

ADMINISTRATIVE

(a) The selectboard shall hire a Town Administrator for an indefinite period of time. The Town Administrator may be removed as set forth in the Comprehensive Personnel Plan, by a majority vote of the full membership of the Selectboard.

(b) The Town Administrator shall have the duties and powers conferred by the Selectboard and stipulated in the Town Administrator Job Description.

(c) The Town Administrator shall not simultaneously hold any elective office within town government, nor shall she/he be employed by the town in any other capacity.

Section 20 - Repealed

CHAPTER V

FINANCIAL

The fiscal year shall begin the first day of July and end the last day of June, unless another date is fixed by the voters at any annual town meeting.

(a) The town administrator shall submit a proposed budget for the ensuing year to the selectboard at least sixty (60) days before the annual town meeting. It shall contain all information required by selectboard.

(b) A budget committee of at least five (5) but not more than twelve (12) voters shall be appointed by the selectboard, to review with the selectboard the proposed town budget. Their terms of office shall expire upon the adoption of the budget by the voters.

(c) The selectboard's budget shall be available to the voters of Windsor at least ten (10) days prior to the annual meeting.

(d) If a budget fails to be adopted at the annual town meeting, the Town Administrator shall present a revised budget for review by the selectboard.

All amounts specified in the budget and approved by the voters at the annual town meeting are appropriated for the purpose specified. The selectboard may transfer appropriated amounts between general classifications of expenditures. All unexpended and unencumbered appropriations, except appropriations for capital expenditures and reserve accounts, shall lapse at the close of the fiscal year. No budget surplus shall be deemed a reserve account.

The majority of the selectboard shall sign the manifest at each regularly scheduled meeting.

The town administrator may expend an amount determined by the selectboard, and the selectboard may expend up to 1/2 of one percent of the then current general fund budget for any established program without requesting competitive bids. Any other expenditures shall be open to competitive bidding, except if the selectboard finds that bidding would be of no advantage to the town. In such cases the selectboard shall detail in its minutes all reasons for such findings.

(a) All real and personal property taxes shall be paid to the town treasurer in full or in not more than four (4) equal installments as set forth by specific article in the town warning. Taxes shall be considered late as established by vote at an Annual Town Meeting. Taxes shall be considered delinquent as established by vote at an Annual Town Meeting.

(b) The total tax rate shall be set annually by the selectboard as soon as practicable after final adoption of the town budget, lodging of the Grand List and receipt of school tax rate information. In setting the Town rate, the board shall consider only that amount that is necessary to offset the difference between municipal revenues and municipal expenses including any surplus or deficit carried over from the previous year.

(c The treasurer, within ten (10) days, shall turn all unpaid tax accounts over to the Collector of Delinquent Taxes together with a warrant for the collection of such accounts. Accounts forwarded to the Collector of Delinquent Taxes shall include interest accrued to that date, and simple interest shall continue to accrue at a rate as set forth by a specific article in the Town Meeting Warning and approved by the voters. A delinquency fee as determined by the Town Meeting Warning and approved by the voters shall be added to the amount of tax due. The Collector of Delinquent Taxes shall be empowered under general law of the State to levy on personal property, bring actions at law, conduct tax sales, and bring petitions for foreclosure on tax liens. Such acts shall be done in the name of the Town of Windsor.

The board of civil authority, along with the treasurer and the listers, shall constitute the board of abatement. The chair and the clerk of the board of civil authority shall serve as the chair and clerk of the board of abatement. The board shall meet at least once a year to consider all the taxpayers' requests for abatement of their taxes, special assessment, or other levy made by the town. The clerk shall call the meeting and public notice of the meeting must appear in at least three (3) public places at least two (2) days prior to the meeting.

CHAPTER VI

PROCEDURAL MATTERS

It shall be the policy of the Town of Windsor to afford to all its citizens the opportunity to participate in the government of their town as fully and completely as may be possible. To this end all meetings of agencies, boards citizen committees and any other group acting under authority of the Town of Windsor shall be conducted openly and in accordance with the policy of the laws of the State of Vermont relative to meetings of governmental bodies, and no executive session shall be held except in accordance with the terms of the law; provided, however, that the penalties set forth in the general law shall not extend to any person solely by reason of this charter.

(a) Town legislation shall be by ordinance. The selectboard shall constitute the legislative body of the town, except as otherwise provided herein, to adopt, amend, repeal and enforce ordinances. Each ordinance shall be in writing and shall be identified by a short title, and the effective date of each ordinance shall be specified but not less than thirty (30) days after adoption by the selectboard, unless the ordinance is subject to the approval of the voters, then the ordinance shall be effective upon a favorable vote of a majority of those voting thereon.

(b) Ordinances shall be adopted subject to final approval after a public hearing. A short title of the ordinance and a brief description of its contents shall be published in a newspaper of general circulation in the town, together with a notice of the time and place of a public hearing to consider the ordinance for final passage, such publication to be on a day at least one week and not more than two (2) weeks prior to the date of hearing, and notices of the hearing shall also be posted in at least three (3) conspicuous places in the town.

(c) At the public hearing or at any time and place to which the hearing may from time to time be adjourned, the ordinance shall be read in full, unless the selectboard elects to read the ordinance by title; and after such reading, all persons interested shall be given an opportunity to be heard.

(d) After the public hearing, the selectboard may finally adopt the ordinance, with or without amendment. If an ordinance is amended, no additional hearing shall be required unless substantial changes in intent or restrictions have occurred. If the amendment is deemed unsubstantial by unanimous vote of the selctboard members present at the hearing, the selectboard shall cause the amended ordinance to be entered in the official record of their proceedings, and shall also cause the short title of the ordinance and a brief description of its contents as amended, to be published in a newspaper of general circulation in the town on a day not more than fourteen (14) days after the adoption. If the amendment is deemed substantial, a new hearing shall be conducted as set forth in parts (b) and (c) of this section.

(e) Every ordinance shall become effective thirty (30) days after adoption, unless the selectboard specifies a longer period, or if the ordinance is conditioned on approval of the voters of the town, then upon such voter approval.

(f) The town clerk shall prepare and keep in the town clerk's office and shall forward to the town library a book of ordinances which shall contain each town ordinance, together with a complete index of the ordinances according to subject matter. Failure to comply with this provision shall not invalidate any town ordinance lawfully passed.

(g) An ordinance adopted by the board in the manner set forth shall be subject to its repeal by a Town Meeting if a petition signed by not less than ten percent (10%) of the voters is filed with the town clerk on or before the effective date of the ordinance. The clerk shall warn a Town Meeting to be held within forty-five (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.

(h) To meet a real public emergency affecting life, health, property or the public peace, the selectboard may adopt one or more emergency ordinances which may be adopted or rejected at the meeting at which it is introduced, but the affirmative vote of at least four (4) selectboard members shall be required for adoption. Every emergency ordinance shall be repealed as of the sixty-first (61st) day following the day of adoption, but the ordinance may be re-enacted if the emergency still exists.

(i) A town ordinance may provide:

(1) the general penalty for violation of any ordinance shall be a fine in an amount not to exceed the sum of $500 for a single offense;

(2) that each week a violation continues shall constitute a separate offense, the fine not to exceed $100 per day for each day the violation continues;

(3) that selectboard may authorize the town attorney to bring an action in the name of the Town of Windsor for any relief which the selectboard may deem appropriate for the enforcement of any town ordinance.

(j) All valid town ordinances, resolutions, by-laws, and regulations which are in force when this charter becomes effective, shall remain in full force and effect, excepting only those ordinances, resolutions, by-laws and regulations which are inconsistent with this charter.

(a) The selectboard, by a majority vote, shall appoint the following town officers for the terms indicated:

(1) a Town Attorney for a term of one (1) year, to fulfill the duties prescribed by law for the Grand Juror and Town Agent of a town, and perform such other duties as may be requested by the selectboard, or any other officer or agency of town government, with the approval of the selectboard.

(2) Town Service Officer, a Dog Control Officer, Assistant Town Treasurer, Assistant Town Clerk and a Health Officer for a term of one (1) year.

(3) Zoning Administrator (appointed by the Planning Commission and approved by the Selectboard), one (1) year.

(4) Planning Commission, Zoning Board of Adjustment and/or a Development Review Board (three year terms, 2 or more each year as required for a total of 7 members and 2 alternates).

(5) Regional Planning Commissioner, one (1) and One (1) alternate for one (1) year.

(6) Town Assessor for a one year term.

7. Custodial Officer for the Vermont Traffic and Municipal Ordinance Bureau and an Issuing Official for a term of one (1) year.

(8) A constable may be appointed for a one (1) year term by the Selectboard. The constable's training and duties shall be set by the Selectboard. The constable shall be subject to the Comprehensive Personnel Plan of the Town of Windsor.

(9) Other special committees as needed.

(b) A vacancy in any appointive office may be filled for the duration of the unexpired term by the selectboard.

(c) When it becomes necessary to make appointments to any office or position created by this charter, ordinance or by-laws, the selectboard shall give notice in a newspaper of general circulation. Within the town specifying positions open for which appointment will be made so that interested persons may apply.

(d) The offices of Tree Warden, Fence Viewer, Grand Juror, Inspector of Lumber, Weigher of Coal, Second Constable, Town Agent, are all abolished. Except as otherwise provided in this charter, the selectboard or its designee, shall exercise the powers, duties and responsibilities of any of the offices abolished in this section in the event that the need should arise.

(a) The Town Meeting shall annually vote the compensation to be paid to the following officers:

(1) Selectboard

(2) Auditors

(3) Moderator

(b) the selectboard shall annually consider and from time to time shall set the compensation of the following officers:

(1) Town Administrator

(2) Town Attorney

(3) Constable

4. Board of Civil Authority and Abatement

(c) The selectboard shall set the compensation for all other town officers and employees as per the Comprehensive Personnel Plan of the Town of Windsor.

(d) All fees prescribed by State law, charter, ordinance or otherwise shall be collected for the benefit of the town and paid to the town treasurer. No fees shall be used directly by any receiving officer or inure indirectly to the benefit of the officer.

If there is a specific written complaint of conflict of interest, the selectboard shall conduct an investigation in accordance with the ordinance that states the procedure and arrive at a decision.

No elective or appointive officer or employee of the town shall be beneficially interested directly or indirectly in any contract with the town, regardless of amount, or furnish any material, or perform any labor, except in the discharge of his or her official duties, unless such contract shall have been awarded upon bids advertised for by publication. Such publication shall appear at least two (2) times in a newspaper having general circulation in the town; the second publication shall be at least seven (7) days prior to the opening of such bids. No officers or employee of the town shall take part in any decision concerning the business of the town in which the officer or employee has a direct or indirect financial interest, aside from his or her salary as an officer or employee, greater than any other citizen or taxpayer in the town.

With approval of the voters given at any duly warned meeting, the selectboard may sell any portion of real estate owned by the town and not needed for town purposes, or change the use of any real property owned by the town. Such authorization may be given in blanket form by the voters at the Annual Town Meeting. However, the selectboard shall not sell or substantially change the use of any such real estate without first holding public hearing giving notice of such hearing by posting in at least three (3) conspicuous public places within the town and by publication in a newspaper having general circulation in the town. The notice shall be published not less than seven (7) nor more than twenty-one (21) days prior to the date of the hearing and shall also identify specifically the real estate involved. At the hearing all citizens of the town shall have an opportunity to be heard, to express their views, and to inquire as to the reasons, method, time and terms of the proposed sale or change of use. After all proper persons have had an opportunity to be heard, the selectboard shall vote upon the question and, if a majority of the full board shall vote in favor of the proposed action, the question shall be approved. If voter approval has previously been given to such action, the selectboard may then take the action the voters have approved; otherwise, they shall submit the question to the voters at a town meeting and upon approval of a majority of those voting upon the question, the selectboard may proceed to sell or change the use of the real estate in question, as the case may be.

CHAPTER VII

GENERAL PROVISIONS

All provisions of the laws of the State of Vermont relating to towns, town officers, and elections shall apply to the Town of Windsor and its officers except as altered, enlarged or modified by the provisions of this charter, or by any current or future lawful ordinance or regulation of the Town of Windsor.

The sections of this charter and parts thereof are separable. If any portion of this charter or its application to any person or circumstance shall be held invalid, the remainder thereof or the application of such invalid portions to other persons shall not thereby be affected, except that no portion of the charter shall be administered in an erratic, inconsistent or prejudicial manner or so as to create a double standard.

All offices in the Town of Windsor not required by Vermont Statute to be filled by election or according to specific provision of this charter shall be deemed appointive offices to be filled by a majority vote of the selectboard. The terms of such appointive offices shall be for a definite time, normally one year, but in no case exceeding the maximum term of office of a selectboard.

All officers under this charter shall hold their respective offices until their successors are chosen. No officer shall be qualified until ready to assume the normal duties of his or her office.

The Town of Windsor shall continue without interruption as a body politic and corporate under the name of "The Town of Windsor" and a such shall enjoy all the rights, immunities, powers and privileges allowed to towns under the laws of Vermont. The Town of Windsor shall under this charter be subject to all of the duties an liabilities appertaining to, or incumbent upon them as a municipal corporation immediately prior to the acceptance of the charter. Under this charter all existing debts and obligations shall remain obligatory upon the town.

All officers, elected or appointed, and all other citizens or other boards and commissions who are in office at the time that this charter takes effect shall continue in office under this charter until their established terms of office normally expire unless such offices are abolished or supplanted by specific provision in this charter. With the expiration of transitional offices all future town offices shall be filled in accord with provisions of this charter subject to the right of the voters or their proper elected agents to create, change or abolish offices according to need, from time to time, and according to the provisions of this charter, or if not covered by the charter provisions, then according to the applicable laws of the State of Vermont.

The provisions of this charter shall be construed liberally in favor of the town and in such manner that the effect of this charter will be to make government more efficient and more responsive to the citizens of the town. In such liberal construction of the charter in favor of the town it shall be used consistently and uniformly toward all individuals and groups comprising the town.

No section of this charter may be amended or repealed without such amendment or repeal making specific reference to this charter and to the sections or provisions to be amended or repealed. Any proposed amendment or repeal to this charter must be submitted to the voters for their approval and , upon such approval, submitted as provided by Vermont Statue. Amendments or repeal 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 ten percent (10%) of the voters. The petition must clearly state the proposed amendment or repeal and must be filed at least forty-five (45) days before any annual or special town meeting, but the town shall not be required to hold a special town meeting solely or primarily for the purpose of considering a proposed charter amendment.

The selectboard shall hold at least two public hearings prior to the vote on the proposed charter amendments. The first public hearing shall be held at least thirty (30) days before the annual or special town meeting. Notice of the hearings shall be given in the same way and time as for Selectboard meetings.

An official copy of the proposed charter amendments shall be filed as a public record in the Town Clerk’s office at least ten (10) days prior to the first public hearing.

The charter shall become effective upon approval in accordance with 17 V.S.A Section 2645 and when so approved, two (2) copies shall be maintained in good condition in the Windsor Public Library. Further copies shall be available to the public at cost. (Passed-5/30/96)

(a) "Board" or "Selectboard" means the duly elected members of the selectboard of the town acting as a group and in their official capacity.

(b) A "vacancy" in any office is deemed to exist if the holder of the office resigns, dies, is removed from office, moves from the town, is convicted of a felony, or is judicially declared to be mentally incompetent.

(c) "Day" means a calendar day.

(d) "Voters" means the names included, at any given point in time, on the checklist most recently revised by the Board of Civil Authority for use in a town meeting or election.

(e) From "Time to Time" means as the need may become realized or apparent.

The town administrator and all department heads shall reside within the town limits. This requirement cannot be changed by specific contract. This requirement may be waived by the selectboard for current town employees with ten (ten) or more years of service to the Town of Windsor.