VT Open Meeting Law
Vermont's Open Meeting Law requires all meetings of public bodies to be open to the public at all times unless a specific exception applies. The law aims to promote transparency, accountability, and better decision-making in government.
In general, the open meeting law requires public bodies to:
Provide advance public notice of meetings, including meeting agendas.
Discuss all business and take all actions in open meeting, unless an exception in statute applies.
Allow members of the public to attend and participate in meetings.
Take meeting minutes and make them available to the public.
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. (Amended 1979, No. 151 (Adj. Sess.), § 4, eff. April 24, 1980; 1987, No. 256 (Adj. Sess.), § 5; 2013, No. 143 (Adj. Sess.), § 4; 2015, No. 129 (Adj. Sess.), § 2, eff. May 24, 2016; 2017, No. 113 (Adj. Sess.), § 1.)
Procedures for Submitting Notice of Open Meeting Law Violations on Website
Act 133 of 2024 (S.55) makes changes to Vermont's Open Meeting Law, including two requirements with a deadline of July 1, 2024.
Section 7 of the bill amends 1 VSA Section 314 by adding the following language. "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."
How does a member of the public enforce the open meeting law?
From the VT Secretary of State’s Publication, A Guide to Open Meetings, edited:
If you think an open meeting law violation has occurred, the first step is to submit a written notice to the public body (school board) alleging a specific violation and requesting a specific cure. After receiving this written notice, the school board must respond publicly within ten calendar days, either by acknowledging the violation and stating its intent to cure it or by stating its determination that no violation occurred, and so no cure is necessary. Failure to publicly respond is treated as a denial of the violation. 1 V.S.A. § 314(b)(1)–(3). If the school board acknowledges an open meeting law violation, it must cure the violation within 14 calendar days. First, the school board must either ratify or declare as void any action that was taken at or resulted from:
1) a meeting that was improperly noticed under 1 V.S.A. § 312(c) (public announcement and posting of regular, special, and emergency meetings);
2) a meeting that a person or the public was wrongfully excluded from attending or
3) an executive session, or a portion of an executive session, that was not authorized by 1 V.S.A. § 313(a)(1)– (10). Second, the school board must adopt specific measures that actually prevent future violations. 1 V.S.A. § 314(b)(4). If the school board denies the violation or fails to cure an acknowledged violation in a timely manner, you can file suit against the school board in the Civil Division of the Superior Court in the county where the alleged violation took place. The suit must be brought within one year after the meeting at which the violation occurred or to which the violation relates. The court will then decide whether a violation occurred, whether a declaratory judgment or injunctive relief is appropriate, and whether circumstances require the school board to pay attorney’s fees and litigation costs. 1 V.S.A. § 314(c), (d).
To submit written notice of a violation:
To submit written notice of an Open Meeting Law violation to NCSU Superintendent of Schools Elaine Collins, contact Liz Butterfield, NCSU Executive Assistant and Communications Coordinator, 802-334-5847, ext. 2025, liz.butterfield@nsuvt.org
You may submit notice of a violation to the school district's principal where you believe the violation occurred. This link will provide you with the contact information for NCSU school principals: ncsuvt.org/our-schools.
Where can I go to ask a question?
Contact the Secretary of State’s Office:
Jenny Prosser, General Counsel & Director of Municipal Assistance, (802) 828-1027, jenny.prosser@sec.state.vt.us
You may also contact the office of the North Country Supervisory Union Superintendent of Schools:
Liz Butterfield, Executive Assistant and Communications Coordinator
802-334-5847, ext. 2025 liz.butterfield@nsuvt.org
Requirement to Record School Board Meetings
As of July 1, 2024, the NCSU School Board and member district school boards are required to record their meetings (in audio or video form) and post a copy of the recording in a designated electronic location for a minimum of 30 days following the approval and posting of the official minutes for a meeting.
NCSU and member district school board meeting recordings are available on the school board web pages.
The NCSU's Warnings, Agendas, and Minutes and those of all member district school boards can be accessed here: https://www.ncsuvt.org/school-boards.
North Country Supervisory Union member school districts:
Brighton
Charleston
Coventry
Derby
Holland
Jay
Lowell
Morgan
Newport City
Newport Town
Troy Westfield
North Country Union High School
North Country Union Junior High School
Published by: Vermont Secretary of State, 128 State Street, Montpelier, VT 05633