Policies

DOWNLOAD Communications Policy (pdf)

Town of Essex Communications Policy 

Adopted 5/18/2015
Revised 4/5/2021

The Town of Essex Communication Policy applies to all elected and appointed board, committee, and commission members. The goal of the policy is to ensure that Essex residents receive accurate and timely information. 

Any communication – be it email, telephone, in person, on social media, or otherwise – should be considered public unless subject to a statutorily listed and invoked exemption to the public records law. 

I. Public Communication 

Selectboard: The Selectboard may choose to speak as a unified group on official matters. Selectboard members may also choose to speak as individual members. In speaking as an individual member rather than on behalf of the entire Board, the member should endeavor to clearly make the distinction. For example, Board members should consider utilizing the following phrase or a similar one: “The Selectboard has taken position ____. My position is ____.” In instances where no vote has been taken, no member of the Board should express an opinion as if it were the position of the entire Board. 

Board members uncertain of the accuracy of technical or factual information are encouraged to work with staff, through the Manager’s office, to obtain factual and complete information. 

Formal positions of the Selectboard, or calls or questions seeking the official opinion of the Selectboard, should be referred to the Chair unless another Board member has been designated by the body. When responding to an email comment or question Selectboard members are encouraged to copy the Chair or other Board member designated by the body. 

Elected and appointed board, committee, and commission members must be mindful to prevent email or social media conversations from inadvertently violating Open Meeting Law. At no time should a quorum of members have a discussion regarding Town business, with the following exceptions, as set forth by 1 VSA § 312 (g):

• Communications to schedule a meeting, organize an agenda, or distribute materials to discuss at a meeting;
• Clerical work;
• Staff work assignments;
• Routine day-to-day administrative matters, if no action is required and no money appropriated or spent;
• Site inspections; or
• Quasi-judicial deliberations.

All members of an appointed board, committee, or commission are responsible for ensuring that any information conveyed by an individual member is accurate and complete. Members are encouraged to work with the relevant staff to obtain factual and complete information. Official communication related to a board, committee, or commission should be through the Chair or other member designated by the body. Chairs of appointed boards, committees, or commissions are encouraged to notify the Selectboard Chair and Manager of any response to media inquiries.  

II. Responses to Public Comments 

The U.S. Supreme Court has consistently held that in accordance with the First Amendment citizens have a right to criticize government regardless of the quality or accuracy of the criticism. When a citizen chooses to run for local elected office, inherent in that decision is acknowledgment that in the course of discharging governmental responsibilities one’s words and actions may be publicly criticized or condemned, and that the criticism or condemnation may be unfair, inaccurate, or politically motivated. The elected official does not have recourse to the same legal protections from defamation that a private person may as long as the criticism pertains to government-related issues. 

This policy is not intended to discourage any elected or appointed official from exercising that individual’s First Amendment rights. However, board, committee, and commission members must always keep in mind that, due to the public nature of their roles, their personal online communications can be perceived as also official communications or positions of the Selectboard and Town. Therefore members must practice discretion when communicating online.

The Town of Essex supports and promotes an open exchange of views on community and government issues taking place in a broad array of physical and digital forums. Elected and appointed officials are encouraged to participate in these exchanges when such participation is valuable to the overall dialogue. Any response should be in accordance with the following protocol:

Selectboard: As the elected officials representing all residents of Essex, Board members may participate in the above referenced exchanges or dialogues as individuals. To the extent practicable, such participation shall conform to this policy regardless of forum. If an individual Board member does participate, that member should inform the other Board members of this participation. When responding to inaccurate or deliberately misleading information, Board members are encouraged to work with the Manager to ensure that any information provided by the Board member is accurate. 

Appointed officials (members of other boards, committees, and commissions): Appointed officials may participate in the above referenced exchanges or dialogues as individuals. Representation of official Town policy or proposals, unless otherwise determined, should be left to members of the Selectboard (via the Chair) or Manager. To the extent practicable, such participation shall conform to this policy regardless of forum. 

Approved by the Essex Selectboard on May 18, 2015. Amended May 6, 2019; April 5, 2021. 

DOWNLOAD Computer Use and Artificial Intelligence Policy (pdf)

Town of Essex Computer Use and Artificial Intelligence Policy 

Adopted 12/15/2025

Introduction

The purpose of this policy is to ensure the efficient and appropriate use of the Town of Essex's (“Town’s”) owned or leased “technology resources” by employees, contractors, and other authorized users. “Technology resources” means any hardware, including Town issued computers, tablets, smartphones, mobile digital terminals (MDTs/laptops), host systems, printers, scanners, flash/thumb drives, software, remote access email, text messages, internet connection tools, artificial intelligence (AI), and networks.

Scope: This policy applies to all employees, contractors, and other authorized users of the Town's technology resources. A user of Town technology resources shall be responsible for following the requirements contained in this policy. The burden of compliance is on the user, and users are encouraged to inquire as to the acceptable and unacceptable uses prior to using Town technology resources if clarity is needed.

 Section 1: Acceptable Use

• Town technology resources are for official use.
• Personal use of Town technology resources is permitted on a limited basis, provided it does not interfere with work responsibilities or violate any Town policies.

Section 2: Prohibited Activities

• Unauthorized access to any Town technology resources.
• Use of Town technology resources for illegal activities, including but not limited to, copyright infringement, hacking, and distribution of malicious software.
• Use of Town technology resources for personal financial gain or commercial purposes.
• Installation or use of unapproved software and executable programs.
• Use of Town technology resources for viewing, sending, copying, or soliciting sexually oriented messages or images, or accessing internet sites that are “adult oriented” in nature, or which offer gambling services, or which contain obscene content of any nature.

Section 3: Security

• Users must take reasonable precautions to protect Town technology resources and data from unauthorized access, theft, and damage.
• Users must not share their passwords or other access credentials with others, whether inside or outside the organization.
• If you find information that seems confidential or restricted but is accessible to you without proper authorization, do not use or share it. Report the issue to IT right away so they can secure the data.
• Users must report any security incidents or suspected breaches to the IT Director immediately.

Section 4: Email and Internet Use

• Email and internet use should be primarily for official Town business.
• Most emails are considered public records and may be subject to disclosure upon request. As such, anyone sending or receiving emails in a professional capacity should exercise care and professionalism in their communications. Should a public records request be submitted, we are required to produce responsive emails unless a specific exemption applies, regardless of whether the content is unflattering or unprofessional.
• Users must not use Town email or internet resources to access, download, or distribute inappropriate or offensive content, which includes but is not limited to: content containing hate speech, sexually explicit content, deliberate misinformation, unlawful or harmful content, gambling or other similar content.
• Users must not use Town email, access to internal mailing lists, or internet resources for political activities or solicitations.

Section 5: Monitoring and Privacy

• All data that is composed, transmitted, or received via Town technology resources in the transaction of Town business is considered part of the official records of the Town and is subject to records retention laws and the Access to Public Records Act (State of Vermont: Sec. 1. 3 V.S.A. § 117). There is no expectation of personal privacy in the use of Town technology resources.  The Town reserves the right to monitor and inspect all use of its technology resources.
   

Section 6: Artificial Intelligence Use 

 Guidelines Do: 

Guidelines Do Not: 

Section 7: Compliance

• Users must comply with all applicable laws, regulations, and Town policies when using Town technology resources.
• Violations of this policy may result in disciplinary action, up to and including termination of employment.

 Acknowledgment: All users must read and sign the Town of Essex Computer Use Policy acknowledgment form before being granted access to Town technology resources.

Adopted by the Selectboard on December 15, 2025.

Town of Essex Selectboard

DOWNLOAD Conservation Reserve Fund Policy (pdf)

Town of Essex Conservation Reserve Fund Policy

Adopted by the Essex Selectboard January 2, 2018

I. PURPOSE

(A) The Conservation Reserve Fund shall be used to further the permanent protection of land for the public good, particularly those parcels or portions thereof that prevent sprawl and contain or have the potential to support the resources identified below in Section II as particularly valuable to the Town. The Fund shall be adopted and administered by the Selectboard in accordance with 24 V.S.A. § 2804.

II. RESOURCES

(A) When considering proposals to use money from the Conservation Reserve Fund, the Selectboard shall ensure that the money will be used in furtherance of the conservation of land that contains or has the potential to support one of the following resources:

(1) Surface waters, including lakes, ponds, rivers, and streams

(2) Wildlife habitat

(3) Public trails

(4) Neighborhood parks/green space

(5) Floodplain areas

(6) Wetlands

(7) Scenic views

(8) Prevention of suburban/urban sprawl

(9) Agriculture

(10) Forestry

(11) Historic features

(B) The Conservation and Trails Committee should undertake a survey of Town residents every five years for feedback on which resources the Conservation Fund should be used to protect. Following the survey, the Committee should produce a list of resources that may warrant Conservation Reserve Fund expenditures (“List”).

(C) The Selectboard may add or remove items to/from the List, at its discretion or upon a recommendation from the Conservation and Trails Committee.

III. CONTRIBUTIONS TO THE FUND

(A) Contributions to the Conservation Reserve Fund may be made through the following means:

(1) An appropriation approved by voters at a town-wide meeting;

(2) A line item transfer from the operating budget or general fund

(3) A fund balance transfer

(4) Voluntary contributions from residents or others;

(5) Fund-raising activities organized by Town boards, commissions, or committees;

(6) Grants from public or private sources;

(7) Interest that accumulates on deposited funds.

IV. USES

The Fund may be used for the following purposes:

(A) Grants to Essex landowners to help offset the legal costs of transferring permanently conserved land, permanent conservation easements, or multi-use non-motorized trail easements to the Town, an accredited land trust, a state or federal agency, or some other conservation organization; easements or conservation land required as a condition of Planning Commission development approvals shall not be eligible for Conservation Reserve Fund grants;

(B) Matching funds or contributions to accredited land trusts, state or federal agencies, or other conservation organizations seeking to acquire land or easements for permanent conservation within the Town;

(C) Purchases of land by the Town when the land will be permanently conserved for the public good;

(D) Reimbursement for appraisals, surveys, or inventories of land that has been permanently conserved through one of the above methods, payable upon transfer of land or development rights;

(E) Finance loans when a state, federal, or private foundation grant for a specific conservation project has been officially approved, but funds have not yet been received by the Town for the project;

(F) Restoring a damaged natural resource on conserved or Town-owned land;

(G) Preparing land management plans for conserved land;

(H) Other land conservation opportunities deemed appropriate by the Selectboard.

V. ACCOUNT

(A) The Conservation Reserve Fund shall be held in an account separate from the General Fund per 24 V.S.A. § 2804.

VI. PROJECT REVIEW PROCESS

(A) Conservation Reserve Fund expenditures are within the discretion of the Selectboard. Proposals for the use of funds may be made in the form of Applications submitted by landowners and/or their agents. The Selectboard may also consider expenditures on its own initiative or on the recommendation of the Conservation and Trails Committee.

(B) Applications for Conservation Reserve Fund monies shall be made to the Selectboard on an application form provided by the Town.

(1) The Conservation and Trails Committee, in conjunction with the Community Development Department, shall administer and maintain an application form for Conservation Reserve Fund requests.

(C) The applicant shall submit a conservation plan map of the project to the Selectboard that shows the area(s) to be conserved.

(D) The Selectboard should consult the Conservation and Trails Committee and may consult other Town boards, commissions, committees, departments, and residents when considering applications or other proposals. Comments from those parties shall be submitted to the Selectboard in writing and/or in person to help assess a project’s suitability for Conservation Fund monies. Consideration should be given to the List when prioritizing Conservation Fund expenditures.

(E) The Selectboard shall hold a duly-warned public hearing before approving any proposed use of the Fund, unless circumstances warrant an emergency hearing pursuant to 1 V.S.A. § 312(c)(3).

VII. CONFIDENTIALITY

Nothing in this Policy shall be construed to limit the Selectboard’s authority to protect confidentiality with regard to real estate transactions, and other protected matters, consistent with the Vermont’s Open Meeting Law, 1 V.S.A. 310-314.

Ethics Liaison Officer - Karen Adams, Deputy Manager
Email: kadams@essex.org
Phone: (802) 878-1341
Town Offices at 81 Main Street, Essex Junction, VT 05452

Ethics Complaint Form (pdf)

Municipal Code of Ethics 24 V.S.A. Ch. 60

DOWNLOAD Municipal Code of Ethics (pdf)

CHAPTER 60. MUNICIPAL CODE OF ETHICS

§ 1991. DEFINITIONS

As used in this chapter:

(1) “Advisory body” means a public body that does not have supervision, control, or jurisdiction over legislative, quasi-judicial, tax, or budgetary matters.

(2) “Candidate” and “candidate’s committee” have the same meanings as in 17 V.S.A. § 2901.

(3) “Commission” means the State Ethics Commission established under 3 V.S.A. chapter 31, subchapter 3.

(4) “Confidential information” means information that is exempt from public inspection and copying under 1 V.S.A. § 315 et seq. or is otherwise designated by law as confidential.

(5) “Conflict of interest” means a direct or indirect interest of a municipal officer or such an interest, known to the officer, of a member of the officer’s immediate family or household, or of a business associate, in the outcome of a particular matter pending before the officer or the officer’s public body, or that is in conflict with the proper discharge of the officer’s duties. “Conflict of interest” does not include any interest that is not greater than that of other individuals generally affected by the outcome of a matter.

(6) “Department head” means any authority in charge of an agency, department, or office of a municipality.

(7) “Designated complaint recipient” means:

(A) a department head or employee specifically designated or assigned to receive a complaint that constitutes protected activity, as set forth in section 1997 of this title;

(B) a board or commission of the State or a municipality;

(C) the Vermont State Auditor;

(D) a State or federal agency that oversees the activities of an agency, department, or office of the State or a municipality;

(E) a law enforcement officer as defined in 20 V.S.A. § 2358;

(F) a federal or State court, grand jury, petit jury, law enforcement agency, or prosecutorial office;

(G) the legislative body of the municipality, the General Assembly or the U.S. Congress; or

(H) an officer or employee of an entity listed in this subdivision (7) when acting within the scope of the officer’s or employee’s duties.

(8) “Domestic partner” means an individual in an enduring domestic relationship of a spousal nature with the municipal officer, provided the individual and municipal officer:

(A) have shared a residence for at least six consecutive months;

(B) are at least 18 years of age;

(C) are not married to or considered a domestic partner of another individual;

(D) are not related by blood closer than would bar marriage under State law; and

(E) have agreed between themselves to be responsible for each other’s welfare.

(9) “Illegal order” means a directive to violate, or to assist in violating, a federal, State, or local law.

(10) “Immediate family” means an individual’s spouse, domestic partner, or civil union partner; child or foster child; sibling; parent; or such relations by marriage or by civil union or domestic partnership; or an individual claimed as a dependent for federal income tax purposes.

(11) “Legislative body” means the selectboard in the case of a town, the mayor, alderpersons, and city council members in the case of a city, the president and trustees in the case of an incorporated village, the members of the prudential committee in the case of a fire district, and the supervisor in the case of an unorganized town or gore.

(12) “Municipal officer” or “officer” means:

(A) any member of a legislative body of a municipality;

(B) any member of a quasi-judicial body of a municipality; or

(C) any individual who holds the position of, or exercises the function of, any of the following positions in or on behalf of any municipality:

(i) advisory budget committee member;

(ii) auditor;

(iii) building inspector;

(iv) cemetery commissioner;

(v) chief administrative officer;

(vi) clerk;

(vii) collector of delinquent taxes;

(viii) department heads;

(ix) first constable;

(x) lister or assessor;

(xi) major;

(xii) the controller;

(xiii) planning commission member;

(xiv) road commissioner;

(xv) town or city manager;

(xvi) treasurer;

(xvii) village or town trustee;

(xviii) trustee of public funds; or

(xix) water commissioner.

(13) “Municipality” means any town, village, or city.

(14) “Protected employee” means an individual employed on a permanent or limited status basis by a municipality.

(15) “Public body” has the same meaning as in 1 V.S.A. § 310.

(16) “Retaliatory action” includes any adverse performance or disciplinary action, including discharge, suspension, reprimand, demotion, denial of promotion, imposition of a performance warning period, or involuntary transfer or reassignment; that is given in retaliation for the protected employee’s involvement in a protected activity, as set forth in section 1997 of this title.

§ 1992. CONFLICTS OF INTEREST

(a) Duty to avoid conflicts of interest. In the municipal officer’s official capacity, the officer shall avoid any conflict of interest or the appearance of a conflict of interest. The appearance of a conflict shall be determined from the perspective of a reasonable individual with knowledge of the relevant facts.

(b) Recusal.

(1) If a municipal officer is confronted with a conflict of interest or the appearance of one, the officer shall immediately recuse themselves from the matter, except as otherwise provided in subdivisions (2) and (5) of this subsection, and not take further action on the matter or participate in any way or act to influence a decision regarding the matter. After recusal, an officer may still take action on the matter if the officer is a party, as defined by section 1201 of this title, in a contested hearing or litigation and acts only in the officer’s capacity as a member of the public.

The officer shall make a public statement explaining the officer’s recusal.

(2)(A) Notwithstanding subdivision (1) of this subsection (b), an officer may continue to act in a matter involving the officer’s conflict of interest or appearance of a conflict of interest if the officer first:

(i) determines there is good cause for the officer to proceed, meaning:

(I) the conflict is amorphous, intangible, or otherwise speculative;

(II) the officer cannot legally or practically delegate the matter; or

(III) the action to be taken by the officer is purely ministerial and does not involve substantive decision-making; and

(ii) the officer submits a written nonrecusal statement to the legislative body of the municipality regarding the nature of the conflict that shall:

(I) include a description of the matter requiring action;

(II) include a description of the nature of the potential conflict or actual conflict of interest;

(III) include an explanation of why good cause exists so that the municipal officer can take action in the matter fairly, objectively, and in the public interest;

(IV) be written in plain language and with sufficient detail so that the matter may be understood by the public; and

(V) be signed by the municipal officer.

(B) Notwithstanding subsection (A) of this subdivision (2), a municipal officer that would benefit from any contract entered into by the municipality and the officer, the officer’s immediate family, or an associated business of the officer or the officer’s immediate family, and whose official duties include execution of that contract, shall recuse themselves from any decision-making process involved in the awarding of that contract.

(C) Notwithstanding subsection (A) of this subdivision (2), a municipal officer shall not continue to act in a matter involving the officer’s conflict of interest or appearance of a conflict of interest if authority granted to another official or public body elsewhere under law is exercised to preclude the municipal officer from continuing to act in the matter.

(3) If an officer’s conflict of interest or the appearance of a conflict of interest concerns an official act or actions that take place outside a public meeting, the officer’s nonrecusal statement shall be filed with the clerk of the municipality and be available to the public for the duration of the officer’s service plus a minimum of five years.

(4) If an officer’s conflict of interest is related to an official municipal act or actions considered at a public meeting, the officer’s nonrecusal statement shall be filed as part of the minutes of the meeting of the public body in which the municipal officer serves.

(5) If, at a meeting of a public body, an officer becomes aware of a conflict of interest or the appearance of a conflict of interest for the officer and the officer determines there is good cause to proceed, the officer may proceed with the matter after announcing and fully stating the conflict on the record. The officer shall submit a written nonrecusal statement pursuant to subdivision (2) of this subsection within five business days after the meeting. The meeting minutes shall be subsequently amended to reflect the submitted written nonrecusal statement.

(c) Authority to inquire about conflicts of interest. If a municipal officer is a member of a public body, the other members of that body shall have the authority to inquire of the officer about any possible conflict of interest or any appearance of a conflict of interest and to recommend that the member recuse themselves from the matter.

(d) Confidential information. Nothing in this section shall require a municipal officer to disclose confidential information or information that is otherwise privileged under law.

§ 1993. PROHIBITED CONDUCT

(a) Directing unethical conduct. A municipal officer shall not direct any individual to act in a manner that would:

(1) benefit a municipal officer in a manner related to the officer’s conflict of interest;

(2) create a conflict of interest or the appearance of a conflict of interest for the officer or for the directed individual; or

(3) otherwise violate the Municipal Code of Ethics as described in this chapter.

(b) Preferential treatment. A municipal officer shall act impartially and not unduly favor or prejudice any person in the course of conducting official business. An officer shall not give, or represent an ability to give, undue preference or special treatment to any person because of the person’s wealth, position, or status or because of a person’s personal relationship with the officer, unless otherwise permitted or required by State or federal law.

(c) Misuse of position. A municipal officer shall not use the officer’s official position for the personal or financial gain of the officer, a member of the officer’s immediate family or household, or the officer’s business associate.

(d) Misuse of information. A municipal officer shall not use nonpublic or confidential information acquired during the course of official business for personal or financial gain of the officer or for the personal or financial gain of a member of the officer’s immediate family or household or of an officer’s business associate.

(e) Misuse of government resources. A municipal officer shall not make use of a town’s, city’s, or village’s materials, funds, property, personnel, facilities, or equipment, or permit another person to do so, for any purpose other than for official business unless the use is expressly permitted or required by State law; ordinance; or a written agency, departmental, or institutional policy or rule. An officer shall not engage in or direct another person to engage in work other than the performance of official duties during working hours, except as permitted or required by law or a written agency, departmental, or institutional policy or rule.

(f) Gifts.

(1) No person shall offer or give to a municipal officer or candidate, or the officer’s or candidate’s immediate family, anything of value, including a gift, loan, political contribution, reward, or promise of future employment based on any understanding that the vote, official action, or judgment of the municipal officer or candidate would be, or had been, influenced thereby.

(2) A municipal officer or candidate shall not solicit or accept anything of value, including a gift, loan, political contribution, reward, or promise of future employment based on any understanding that the vote, official action, or judgment of the municipal officer or candidate would be or had been influenced thereby.

(3) Nothing in subdivision (1) or (2) of this subsection shall be construed to apply to any campaign contribution that is lawfully made to a candidate or candidate’s committee pursuant to 17 V.S.A. chapter 61 or to permit any activity otherwise prohibited by 13 V.S.A. chapter 21.

(g) Unauthorized commitments. A municipal officer shall not make unauthorized commitments or promises of any kind purporting to bind the municipality unless otherwise permitted by law.

(h) Benefit from contracts. A municipal officer shall not benefit from any contract entered into by the municipality and the officer, the officer’s immediate family, or an associated business of the officer or the officer’s immediate family, unless:

(1) the benefit is not greater than that of other individuals generally affected by the contract;

(2) the contract is a contract for employment with the municipality;

(3) the contract was awarded through an open and public process of competitive bidding; or

(4) the total value of the contract is less than $2,000.00

Town of Essex Ethics Policy

Adopted 6/4/2012

DOWNLOAD Ethics Policy (pdf)

1. APPLICABILITY:

This policy shall apply to all public officials and staff of the Town of Essex.

2. POLICY STATEMENT:

Accepting a position as a public official or staff carries with it the responsibility to maintain the public trust while working to further the public interest. Maintaining public trust is critical to the continued operation of good government. Public decision-making should be open and accessible to the public-at-large. There are five principles to which public officials and employees should adhere to:

(1) Public officials and staff should represent and work towards the public interest and not towards private/personal interests.

(2) Public officials and staff should accept and maintain the public trust (i.e., must preserve and enhance the public's confidence.)

(3) Public officials and staff should exercise leadership, particularly in the form of consistently demonstrating behavior that reflects the public tmst.

(4) Public officials and staff should recognize the proper role of all government bodies and the relationships between the various government bodies.

(5) Public officials and staff should always demonstrate respect for others and for other positions.

3. DEFINITIONS:

(a) Business associate - A business associate is a partner or other person with whom an individual has ongoing or recurring business transactions, to include an employer or employee.

(b) Ethics - A set behavioral guidelines.

(c) Financial interest - A financial interest may be defined as one or more of the following:

• A self-proprietor, partner, business associate, shareholder (holding at least five percent of the outstanding shares of any class of shares), director, or managerial employee of an organization who has a matter for review before a public body;

• An applicant or property owner who has a matter for review before a public body;

• An adjoining landowner to a property owner that has a matter for review before the Planning Commission or Zoning Board of Adjustment.

(d) Immediate family - Includes, but is not limited to spouses, household members, children, stepchildren, parents, grandparents, grandchildren, siblings, aunts or uncles, and in-laws.

(e) Official act or action - Any legislative, administrative or judicial act performed by any elected or appointed officer or employee while acting on behalf of the municipality.

(f) Private/Personal interest - A matter of direct or indirect material or financial benefit accruing to an individual or a member of the individual's immediate family.

(g) Public body - Means any Board, Committee, or Commission, elected or appointed.

(h) Public interest - Means an interest of the community as a whole, conferred generally upon all residents of the municipality.

(i) Public officer or public official — Means a person elected or appointed to perform executive, administrative, legislative or quasi-judicial functions for the municipality.

(j) Quasi-judicial proceeding - Means a case in which the legal rights of one or more persons who are granted party status are adjudicated, which is conducted in such a way that all parties have opportunities to present evidence and to cross-examine witnesses presented by other parties, which results in a written decision, the result of which is appealable by a party to a higher authority.

(k) Staff - Means a full or part-time employee of the Town of Essex, or a group of two or more full or part-time employees of the Town of Essex.

4. EX-PARTE COMMUNICATIONS: BOARDS, COMMISSIONS AND COMMITTEES:

A public official shall not communicate, directly or indirectly, with any party, party's representative, party's counsel, or any person interested in the outcome of a quasi-judicial proceeding before a public body while the matter before the public body is pending without providing notice and opportunity for all parties to participate. A public official who receives an ex parte communication on any issue relating to the proceeding shall place on the record all written communications received, all written responses to those communications, and a memorandum statmg the substance of all oral communications received, all responses made, and the identity of each person making the ex parte communication.

5. INAPPROPRIATE USE OF PUBLIC POSITION:

Public officials and staff shall not use a public position to further a personal interest or the interest of an immediate family member. 

Public officials and staff shall not use the powers or prestige obtained through election, appointment or employment, to influence the decision of a subordinate on a matter where the public officials and staff have significant private/personal financial interest.

Public officials and staff are empowered to discharge specific statutory duties in the public interest and should not interfere with the statutory duties of others.

Public officials shall not attempt to influence staff recommendations regarding matters in which the public official has a private/personal or financial mterest.

Public officials shall not use Town staff or resources to advance a private/personal or financial interest.

6. FAIR AND EQUAL TREATMENT:

Public officials and staff shall not grant or make available to any person any consideration, treatment, advantage or favor beyond that which it is the general practice to grant or make available to the public-at-large.

Public officials and staff shall not request, use, or permit to be used, any publicly-owned or publicly supported property, vehicle, equipment, labor, or service for his/her personal convenience or private advantage. This rule shall not be deemed to prohibit a public official or staff from requesting, using or permitting the use of such publicly-owned property, vehicle, equipment, or material which is provided for the use of public officials and staff conducting official municipal business.

Public officials and staff shall NOT discriminate on the basis of race, color, religion, national origin, or sex.

7. COMPLAINT OF ETHICS VIOLATION:

A person who believes that a public official or staff has violated any portion of this policy may send or deliver a signed, written complaint to the Manager. The complaint shall include the name of the person alleged to have committed the violation and the specifics of the act(s) which constitute the violation. The Manager shall forward the complaint to the appropriate public official(s) for resolution.

Any complaint against an elected official shall be directed to the elected official. A person may ask an elected body to reconsider a matter that they believe involved an unethical act by an elected official.

8. DISTRIBUTION OF ETHICS POLICY:

The ethics policy will be distributed to all public officials and staff. The policy will be posted on the Town's website as well.

Approved by the Essex Selectboard on July 14, 2014.

Town of Essex Conflict of Interest Policy

Adopted 6/4/2012
Amended 4/20/2015, 4/18/2016, 10/2/2017, 4/2/2018, 4/5/2021, 4/15/2024

DOWNLOAD Conflict of Interest Policy (pdf)

Article 1. Authority.

Under the authority granted in 24 V.S.A. § 2291 (20) and the Town of Essex Charter, 24 Appendix V.S.A. § 103 (a), the Town of Essex Selectboard hereby adopts the following policy concerning conflicts of interest.

Article 2. Purpose.

The purpose of this policy is to ensure that the business of the Town of Essex will be conducted in such a way that no public official will gain a personal or financial advantage from the official’s work for the Town; that decisions made by municipal officials are based solely on the best interests of the community; and that the public trust in municipal officials will be preserved.

Article 3. Application. This policy applies to all public officers as that term is defined below.

Article 4. Definitions. For the purposes of this policy, the following definitions shall apply:

A. Conflict of interest means any of the following:

1. A real or perceived, direct or indirect, personal or financial interest of a public officer, including but not limited to the officer’s spouse, household member, child, stepchild, parent, grandparent, grandchild, sibling, aunt or uncle, in-law, business associate, or employer or employee, in the outcome of a cause, proceeding, application, or any other matter pending before the officer or before the public body in which the public officer holds office;

2. A situation where a public officer has publicly displayed a prejudgment of the merits of a particular quasi-judicial proceeding. This section shall not apply to a member’s particular political views or general opinion on a given issue; and

3. A situation where a public officer has not disclosed ex parte communications with a party in a quasi-judicial proceeding.

A “conflict of interest” does not arise in the case of votes or decisions on matters in which the public official has a personal or financial interest in the outcome, such as in the establishment of a tax rate, that is no greater than that of other persons generally affected by the decision.

B.  Emergency means an imminent threat or peril to the public health, safety or welfare.

C.  Ex Parte Communication means direct or indirect communication between a member of a public body and any party, party’s representative, party’s counsel or any person interested in the outcome of a quasi-judicial proceeding, that occurs outside the proceeding and concerns the substance or merits of the proceeding.

D.  Official act or action means any legislative, administrative or quasi-judicial act performed by any elected or appointed officer while acting on behalf of the municipality.

E.  Public body means any board, council, commission, or committee of the municipality.

F.  Public interest means an interest of the community as a whole, conferred generally upon all residents of the municipality.

G.  Public officer means a person elected, or appointed by the Selectboard, to perform executive, administrative, legislative, or quasi-judicial functions for the municipality.

H.  Quasi-judicial proceeding (e.g., vicious dog complaint) means a case in which the legal rights of one or more persons who are granted party status are adjudicated, which is conducted in such a way that all parties have opportunities to present evidence and to cross-examine witnesses presented by other parties, which results in a written decision, the result of which is appealable by a party to a higher authority.

Article 5. Prohibited Conduct.

1. A public officer shall not participate in any official action if the officer has a conflict of interest in the matter under consideration, unless the officer can act fairly, objectively, and in the public interest, per Article 8.
2. A public officer shall not personally, or through any member of the officer’s household, business associate, employer or employee, represent, appear for, or negotiate in a private capacity on behalf of any person or organization in a cause, proceeding, application, or other matter pending before the public body in which the officer holds office.
3. Public officers shall not accept gifts or other offerings for personal gain by virtue of their public office that are not available to the public in general.
4. Public officers shall not use resources unavailable to the general public, including but not limited to Town staff time, equipment, supplies, or facilities, for private gain or personal purposes.

Article 6. Disclosure.

Public officers who have reason to believe that they have or may have a conflict of interest but believe that they are able to act fairly, objectively, and in the public interest in spite of the potential conflict of interest shall, prior to participating in any official action on the matter, disclose to the public body at a public meeting or hearing the matter under consideration, the nature of the potential conflict of interest, and why they believe that they are able to act in the matter fairly, objectively, and in the public interest.

Alternatively, any person may request, but not require, a public officer to recuse oneself from a matter due to a conflict of interest.

Article 7. Consideration of Recusal.

Once there has been a disclosure of an actual or perceived conflict of interest, other public officers shall be afforded an opportunity to ask questions or make comments about the situation. If a previously unknown conflict is discovered during a meeting or hearing conducted by a public body of the municipality, the public body shall take evidence pertaining to the conflict and, if appropriate, adjourn to an executive session to address the conflict.

Article 8. Recusal.

A.  Recusal of Appointed and Elected Officers. After taking the actions listed in Articles 6 and 7, public officers, whether appointed or elected, shall declare whether they will recuse themselves and explain the basis for that decision. If public officers have an actual or perceived conflict of interest but believe they can act fairly, objectively, and in the public interest in spite of the conflict, officers shall state why they believe that they are able to act in the matter fairly, objectively, and in the public interest.

Otherwise, public officers shall recuse themselves from the matter under consideration.

B.  Recusal of Appointed Officers. The failure of an appointed public officer to recuse oneself in spite of a conflict of interest may be grounds for discipline or removal from office.

Article 9. Recording.

The minutes of the meeting or the written decision from the hearing shall document the actions taken in Articles 6 through 8.

Article 10. Post-Recusal Procedure.

1. A public officer who has recused oneself from a proceeding shall not sit with the board, deliberate with the board, participate in that proceeding as a board member in any capacity, nor remain physically present in the room. Board members participating remotely shall leave the meeting during the item for which they have recused themselves.
2. The board may adjourn the proceedings to a time certain if, after a recusal, it may not be possible to take action through the concurrence of a majority of the board. The board may then resume the proceeding with sufficient members present.

 Article 11. Enforcement.

A. Enforcement Against Elected Officers; Progressive Consequences for Failure to Follow the Conflict of Interest Procedures. In cases where an elected public officer has engaged in any of the prohibited conduct listed in Article 5, or has not followed the conflict of interest procedures in Articles 6 through 10, the Selectboard may take progressive action to discipline an offending public officer by following the steps listed below:

1. The Chair shall meet informally, in private, with the public officer to discuss the possible conflict of interest violation. If the Chair is potentially in violation of the conflict of interest policy, the Vice Chair shall meet with the Chair to discuss the possible conflict.
2. The board may meet to discuss the conduct of the public officer. Executive session may be used for such discussion in accordance with 1 V.S.A. § 313(a)(4). The public officer may request that this meeting occur in public. If appropriate, the board may admonish the offending public officer in executive session.
3. If the board decides that further action is warranted, the board may admonish the offending public officer at an open meeting and have this action recorded in the minutes of the meeting. The public officer shall be given the opportunity to respond to the admonishment.
4. Upon majority vote in an open meeting, the board may request that the offending public officer resign from the board. The Selectboard cannot order a member to resign, as members of the Selectboard are elected directly by the people.

B. Enforcement Against Appointed Officers. A board may choose to follow any of the steps articulated in Article 11A. In addition to or in lieu of any of those steps, the Selectboard may choose to remove an appointed officer from office, subject to state law.

Article 12. Exception.

The recusal provisions of Article 8 shall not apply if the Selectboard determines that an emergency exists and that actions of the public body otherwise could not take place. In such cases, public officers who have reason to believe they have a conflict of interest shall disclose such conflict as provided in Article 6.

Article 13. Effective Date.

This policy shall become effective immediately upon its adoption by the Town of Essex Selectboard.

Additional Documents

DOWNLOAD Town of Essex Planning Commission Conflict of Interest and Ex Parte Communication Guideline (pdf)

DOWNLOAD Facility Use Policy (pdf)

Town of Essex Facilities Use Policy

Adopted by the Town of Essex Selectboard on 04/17/2023

Revision Date: May 15, 2023

Purpose

The Town of Essex (Town) has one or more facilities that are available for use by residents and members of the public. These facilities are available to all qualified users on equal terms without regard to race, color, religion, national origin, or other status covered by applicable state or federal laws or regulations. The Town does not allow the use of its facilities for the purposes of political or religious events (e.g., campaign events or religious ceremonies); political or religious organizations may, however, use Town facilities for organizational or business types of events. In addition the Town does not allow the use of its facilities by for-profit organizations.

It is the obligation of the Town to ensure that its facilities are maintained in good condition and their use and maintenance do not impose an undue financial cost on the Town’s residents. This policy is intended to help ensure that: the Town’s facilities will be well maintained and accommodating and will provide a safe environment; and the Town will be fair and consistent with all parties wishing to use its facilities.

Allowing an entity to use or rent a Town facility does not constitute the Town’s endorsement of that entity or its cause.

Facilities to Which This Policy Applies

This policy shall apply to all Town of Essex facilities. The following facilities shall be available for rental during the following listed hours, at the following listed user rates, and with maximum occupancy as listed:

Priority of Use

The Town will make these facilities available on a first-come, first-served basis to rent during times when the facilities are not being used for Town programs or events sponsored by the Town and when they are not being used by Town staff, boards, commissions, or committees.

* Exemption: Essex Police Department Conference Room/Emergency Operations Center (EOC) – The Essex Police Conference Room is also our Emergency Operations Center.  The police department reserves the right to immediately cancel any use of this room, at any time during an emergency for whatever time or reason needed.

Facility Use

Any individual, group, business, or organization wishing to use municipal facilities shall notify the appropriate contact person, as listed above, of the date and time on which they wish to use such facility. No use of a facility shall be permitted until a written Facility Use Agreement is executed by the Town and the user of the facility.

Alcohol, Tobacco, Gambling and Drugs

The sale, possession, consumption, and use of alcohol, tobacco, cannabis, and illegal drugs are forbidden on municipal property. The use of vaping devices is not permitted. Gambling of any kind is not permitted.

Note: Essex Police Department personnel are exempt from the possession of alcohol, tobacco, cannabis, and illegal drugs as part of their business requirements

Obligations of Users

Use of municipal facilities must not disrupt the provision of municipal services. Nor shall use of a facility create a nuisance or disturb the quiet enjoyment of anyone using adjacent or common premises and facilities. Users must return the facilities in a neat, orderly, and clean condition after their use.  Users will be responsible for, and liable to, the Town for all repairs to the facilities required as a result of damage caused by Users.  

Application for Town of Essex Facility Use

1. APPLICANT: 
   1. Name of Applicant: _________________________
   2. Phone Number: _____________________________
   3. Email address: _____________________________

1. FACILITY: What Facility are you requesting use of: ____________________________
2. OCCUPANCY. What will be the maximum occupancy of your event _______________ (Include all persons, including user’s employees, agents, contractors, licensees, guests, and invitees.)
3. DATE and TERM OF USE. Such Event will take place on _________________________ (month day, year), from _____________ (starting time, with a.m. or p.m.) until _____________ (ending time, with a.m. or p.m.). Please include setup and cleanup time in your requested time slots.  
4. TERMS OF FACILITY USE. The User understands and agrees to all of the following terms of use:

• The sale, possession, consumption, and use of tobacco, marijuana, and illegal drugs are forbidden in the Facility and on its grounds (parking lots, walkways, etc.).
• Requestors to use the Essex Police conference room acknowledge they have read, understand and fully accept the Emergency Operations Center exemption outlined under Priority of Use section of this policy.
• Animals are not permitted inside the Facility with the exception of service animals.
• No sign or temporary structure may be placed on the premises without obtaining advance written approval from the Town. Any signs or temporary structures placed on the premises by User shall be promptly removed by the User at the end of the Event.
• The Facility, its appurtenances, and any equipment contained therein may not be injured, damaged, marred, or defaced in any way. Neither shall nails, hooks, tacks, or screws be driven into any wall or other part of the Facility. 
• User is responsible for cleaning the Facility immediately after the Event. All trash should be removed from the facility, and surfaces should be cleaned.
• Use of the Facility shall not create any nuisance or disturb the quiet enjoyment of anyone using adjacent or common premises and facilities.
• User is responsible for the cost of all repairs to the Facility required as a result of damage caused by User or User’s employees, agents, contractors, licensees, guests, or invitees.
• Vehicles are not permitted anywhere other than in designated parking spaces outside the Facility.
• For all Events involving minors (persons 17 years or under), there shall be at least 1 adult(s) over 18 years of age for every 8 minors for the duration of the Event.
• The Town does not warrant or represent that the Facility is safe and suitable for Userʼs purposes. User expressly acknowledges for itself and for all persons who will be utilizing the premises and Facility in connection with Userʼs purposes that Town is providing the premises and Facility on an “as is” basis.
• User is responsible for all actions of its participants and guests;
• User that is in violation of the foregoing terms of use will be expected to immediately vacate the premises of Town
• The Town reserves the right to immediately terminate this Agreement and Userʼs use of the Facility in the event of any violation of the foregoing terms of use without liability to Town. In the event that Userʼs use of the premises and facilities involves participants who are minors (including the minor children of participants), then User shall be responsible for the safety of all such minors and shall place such minors under the constant supervision and control of a responsible adult. 

5.  VACATING FACILITY. At the expiration of the above stated date and time, or upon the earlier termination of this Agreement, User will promptly and peaceably vacate the Facility and remove its employees, agents, contractors, licensees, guests, and invitees and their property from the Facility and conduct the cleaning activities specified in Section 5 of this Agreement so that the Facility is in the same condition as at the inception of the Event. 

6. INJURIES TO PERSONS AND LOSS OR DAMAGE TO PROPERTY. The Town is not liable for any injury to persons or loss or damage to private property which occurs during the Event. User is financially responsible for any damage to or loss of Town property that occurs during the Event.

7. INDEMNIFICATION AND HOLD-HARMLESS. User agrees to indemnify and hold the Town, its officers, agents, and employees, harmless from any loss or liability which may result from claims of injury to persons or property from any cause arising out of or during the use and occupancy of the Facility by User and User’s employees, agents, contractors, licensees, guests, and invitees. 

8. RIGHT OF ENTRY AND TERMINATION.  The Town, its officers, agents, and employees shall have the right to enter the Facility at all times during the Event to confirm User’s conformance to this Agreement. If the Town determines, in its sole judgment, that User has breached a term of this Agreement, the Town shall have the right to immediately terminate this Agreement prior to the expiration of its term without any refund to User.

9. CONFORMANCE WITH THE LAW. User agrees that User will abide by and conduct its affairs in accordance with the Town’s Facility Use Policy and all laws, rules, regulations, and ordinances, including those relating to alcohol consumption and noise. User shall not engage in or allow any illegal activity to occur at the Facility during the contracted time frame for its entry and use.  

10. ENTIRE AGREEMENT. This Facility Use Agreement, together with any exhibits or addenda annexed hereto, is the sole and complete expression of the parties’ intent with respect to the subject matter hereof. This Agreement may be amended or modified only by a writing countersigned by authorized representatives of each party.

I, _________________________________ (printed name of User), acting on my own behalf and also acting on behalf of _____________________________________ (name of organization, if applicable), being fully authorized to do so, hereby waive and release any and all claims against the Town of Essex, together with its various departments, employees, officers, elected officials, agents, and any and all other persons or entities acting on its behalf, from any and all actions of any nature whatsoever asserting any injury, accident, harm, loss, damage, or cost arising in connection with the use of any facilities pursuant to this Agreement, and further undertake to defend and indemnify all of the aforesaid parties against any and all such claims and forever hold them harmless from the same. I also certify that I have read this form and that all information stated herein, including any information on the facility use policy appended hereto, is true to the best of my knowledge, information, and belief.

_______________________________________________  Date: _________________________

Signature of User

APPROVED BY THE TOWN OF ESSEX:          Date: _______________

By _______________________________, duly authorized Agent

Appendix A: Fee Schedule

Memorial Hall

Sand Hill Shelter

Town Offices, 81 Main Street, Board Conference Room

Town of Essex Police Department, 145 Maple Street, Conference Room

Adopted by the Town of Essex Selectboard on the 17^th of April, 2023. Revised May 15, 2023. 

DOWNLOAD Fund Balance Policy (pdf)

Town of Essex Fund Balance Policy

Adopted by the Town of Essex on May 18, 2015; Amended November 20, 2017

The Town of Essex wishes to establish a Fund Balance Policy for its governmental funds in accordance with Governmental Accounting Standards Board (GASB) Statement No. 54 - "Fund Balance Reporting and GovernmentFund Type Definitions." Fund balances are reported in classifications that comprise a hierarchy based primarily on the extent to which the government is bound to honor constraints on the specific purposes for which amounts in those funds can be spent. As a result amounts previously reported as reserved and unreserved will now be reported as nonspendable, restricted, committed, assigned or unassigned. Definitions of the categories of fund balance are asfollows:

• Nonspendable fund balance includes amounts that cannot be spent. This includes amounts that are not in a spendable form (inventories, prepaid amounts, long-term portions of loans or notes receivable) and amounts that are legally or contractually required to remain intact, such as the principal of an endowment fund.
• Restricted fund balance includes amounts that can be spent only for specific purposes stipulated by external resource providers (for example grant providers), or imposed by law through a constitutional provision, or through enabling legislation (that is, legislation that creates a new revenue source and restricts its use such as impact fees).
• Committed fund balance can be used only for purposes pursuant to constraints imposed by a formal action by the voters, the Town of Essex's highest level of decision-making authority. This formal action is the approval of articles at the annual or a special Town meeting, specifying the purposes (which can be general or specific) for which amounts can be used. The same type of formal action is necessary to remove or change the use. Examples of this are the balances in our Capital Projects Fund. In this fund the fund balance is committed to the general purpose of the fund but not to individual projects. The dollars in these funds are controlled by the Selectboard (i.e., the amounts are assigned and/or reassigned to specific projects/equipment by a vote of the Selectboard).
• Assigned fund balance comprises amounts intended to be used by the government for specific purposes. Intent will be expressed by a vote of the Selectboard. For governmental fund types other than the General Fund, this is the residual amount within the fund that is not restricted or committed.
• Unassigned fund balance is the residual amount of the General Fund not included in the four categories above. In addition, any deficit fund balances in other governmental funds will be reported as unassigned.

When both restricted and unrestricted (committed, assigned and unassigned) amounts are available for a specific use, generally it is the Town's policy to use restricted amounts first, with unrestricted resources utilized as needed.

In the case of unrestricted resources, it is generally the Town's policy to use committed amounts first, followed by assigned amounts, then unassigned amounts as needed.

The Selectboard of the Town of Essex hereby authorizes the Town to maintain and administer an unassigned fund balance of up to 15 percent of the current year General Fund operating budget. Unassigned fund balance for a fiscal year is determined following an audit, which is typically completed by December or January following a given fiscal year. Unassigned fund balance over 15 percent shall be assigned as needed or as appropriate by the Selectboard, preferably with the recommendation or support of the Finance Director and Municipal Manager. Any remaining unassigned fund balance over 15 percent shall be used to reduce the General Fund operating budget in subsequent fiscal years. The recommended maximum of 15 percent balance shall be applied to "unassigned" fund balance as defined above.

Adopted by the Town of Essex Selectboard on the 18th day of May 2015. Amended November 20, 2017.

DOWNLOAD Human Services Funding Distribution Policy (pdf)

Town of Essex Human Services Funding Distribution Policy

Adopted 11/18/2019

Amended 06/06/2022; 01/27/2025

1.    Purpose  

The purpose of this policy is to provide the framework to support the Town of Essex Human Services Contribution policy passed on November 16,1987 that states, “The Town of Essex shall allocate one percent of its total General Fund Budget to fund human service organizations.”

2.    Application Process

a)    The proposed appropriation to the Human Services Contributions Fund is presented to Town of Essex residents during the annual meeting in March of each year as an article separate from the proposed budget. The article must be duly warned as an appropriation of funds and must state the necessity of the funds as providing support for social services for the benefit of Essex residents.

b)    By May of each year, the Town Manager will provide recommendations to the Town of Essex Selectboard for specific focus areas as human service priorities for the most vulnerable residents of the Essex community.  The Selectboard will approve up to seven (7) focus areas for funding distribution of the funds.  

c)    Circulation of the approved focus areas and up-to-date application and guidelines will be by but is not limited to: an Essex Human Services Contributions Fund email list and email to all employees/board members, posts to municipal websites, and announcements on municipal social media outlets and newspapers.  

d)    Applications must be received or postmarked by February 15th of each year. 

e)    The Town Manager shall appoint a committee to compile and review all applications and make recommendations, based on the focus areas approved by the Selectboard the previous May.

f)    By May, the Selectboard considers the funding recommendations by the Town Manager, contingent upon available funds and considers approval of the focus areas for the next cycle. Organizations that successfully petitioned for funds and received an approval by voters (17 V.S.A. § 2642) may reduce the amount of funds available for distribution.   

g)    Funding awards are issued each June, prior to fiscal year end.

3.    Eligibility

a)    Local area social, health and human services organizations who serve Essex residents are encouraged to apply.  Only non-profit organizations who are considered a 501 (c)(3) or that file an annual Internal Revenue Service (IRS) Form 990 tax return are eligible.

b)    Organizations that petitioned to place an article requesting funds on the annual meeting ballot are not eligible to apply for funds from the Human Services Contributions Fund during that same fiscal year. 

c)    Organizations with a religious affiliation are eligible to apply if the program or service is provided without proselytizing.  

d)    All funding proposals must align with the Essex Human Services Focus Areas.

4.    Application and Guidelines

The Town Manager will revise and update the application and supporting guidelines in accordance to this policy and with focus areas approved by the Selectboard, when necessary.   

This policy replaces the Town of Essex Human Services Application policy passed on November 16, 1987 and supersedes any prior policy and procedures, whether written or oral, on this subject matter.

Adopted by the Selectboard of the Town of Essex, Vermont, on November 18th, 2019 and amended on 06/06/2022 and 01/27/2025. It is effective as of this date until amended or repealed. 

DOWNLOAD Investment Policy (pdf)

Town of Essex Investment Policy

Adopted 11/16/1987

Amended 08/19/2024

OBJECTIVES:

The primary objectives of the Town of Essex Investment Policy shall be the security of principal,

liquidity as needed to meet projected expenditures, return on investment, and to allow for

funding for day-to-day operations as needed.

AUTHORITY:

The Treasurer for the Town of Essex shall be authorized by the Selectboard to invest and

reinvest the funds of the Town of Essex (VSA Title 24, Section 1571(b)), with guidance

provided by the Finance Department.

AUTHORIZED FINANCIAL INSTITUTIONS:

The investment of all Town of Essex funds shall be made with financial institutions that have

offices in the United States of America or its territories or are registered to do business in the

United States of America or its territories. The financial institutions shall provide deposit

insurance and be regulated by the FDIC or NCUA.

ACCEPTABLE INVESTMENTS:

The Treasurer is authorized to invest and deposit all Town funds into:

Checking Accounts

Collateralized Repurchase Agreements

Money Market Accounts

Savings Accounts

Obligations of U.S. Treasury (i.e. T-bills, T-notes, Bonds, Equities, etc.)

Certificates of Deposit

All investments in excess of FDIC insurance coverage will be insured, collateralized or have an

associated letter of credit. The Treasurer and Finance Director of the Town of Essex will make

decisions regarding the types of investments and collateralizations of deposits. The form of

collateral may include, but not be limited to, securities of the United States of America and

collateralized re-purchase agreement. Securities may be held by a third-party custodian

designated by the Treasurer and evidenced by safekeeping receipts.

The Treasurer and Finance Department shall request rate quotes from a minimum of three

financial institutions. Preference may be given to invest with a financial institution where the

Town’s primary operating funds are located. Financial institutions that are locally based may

also be given preference.

MAXIMUM MATURITIES:

To the extent possible, the Treasurer, in conjunction with the Finance Department, shall attempt

to match its investments with anticipated cash flow requirements and whenever possible will not

invest funds for a period more than one year from the date of purchase. All investment items

should be considered as short-term, or within one year.

STANDARD OF PRUDENCE:

The standard to be used in making investments and by which investment decisions will be

assessed shall be the “prudent person” standard and in a fashion consistent with the “prudent

investor” rule, which states that investments shall be made with judgement and care under

circumstances prevailing, which persons of prudence, discretion and intelligence exercise in the

management of their own affairs, not for speculation, but for investment, considering the

probable safety of their capital as well as the probable income to be derived.

DIVERSIFICATION OF THE INVESTMENT PORTFOLIO:

The Treasurer and Finance Director shall maintain sufficient diversification of investments such

that the ability of the Town of Essex to continue to do business on an ongoing basis will not be

impaired because of a liquidity crisis occurring in any one institution with which the Town of

Essex has invested.

ETHICS AND CONFLICTS OF INTEREST:

Officials who participate in the investment process, namely the Treasurer, Finance Director and

Assistant Finance Director, shall act responsibly as custodians of the funds and shall avoid any

transactions that might impair their ability to make impartial investment decisions or impair

public confidence. Officials shall disclose any position held with a financial institution in which

Town funds are invested.

REVIEW PROCESS:

The Finance Director or the Finance Director’s representative shall report investment activity at

least quarterly to the Selectboard. The report to the Selectboard shall include, at a minimum,

portfolio composition, type of investment, earnings, maturity dates and rate of return.

Adopted by the Town of Essex Selectboard on November 16, 1987. Revised August 19, 2024.

Town of Essex Selectboard 

DOWNLOAD Maintenance of Class 4 Roads (pdf)

DOWNLOAD Purchasing Policy (pdf)

DOWNLOAD Rules Regulations for Orderly Conduct of Business (pdf)

RULES AND REGULATIONS
FOR ORDERLY CONDUCT OF BUSINESS

DEFINITIONS

Regular Meetings -Scheduled or special meetings with an agenda, where items are reported on and discussed and motions may be made and voted.

Special Meetings -Special meetings for the purpose of reviewing one or more reports, schedules, formats, or proposals, and formulating or amending same but otherwise a “regular meeting.” Special meetings must be publicly announced at least 24 hours in advance of the meeting.

Public Hearing -A meeting or part of a meeting set aside for input by the public at large with regard to a proposed ordinance, report or specific idea, or proposal or project, and warned as a "public hearing".

Informational Meeting -A meeting or part of a meeting for the purpose of dissemination of information to the public at large on a specific proposal, report, idea or project by the Selectboard, staff or consultants conducted by the Selectboard and warned as an "Informational Meeting".

Consent Items -A section of the agenda reserved for routine and/or non-controversial items. The consent items are approved in one motion and vote.

PREAMBLE

The within “Rules and Procedures” are intended to facilitate the orderly conduct of the business of the Town of Essex and specifically to establish an understanding among the members of the Selectboard, staff and the public of the existence of a consistent procedure for agendas and participation in and at meetings of the Selectboard.

It is recognized by these rules and the policy of the Selectboard, that the general welfare of all of the residents or a majority of them is paramount in the resolution of issues and, therefore, the Selectboard will conduct its business in a manner that affords the greatest opportunity for full disclosure of facts pertinent to the issue. To this end, an orderly agenda is necessary. However, public awareness and input through the several methods outlined herein will be sought and encouraged.

It is the intent of the Selectboard to exercise the authority and trust vested in it as a representative body to conduct the affairs of the public, as it deems, on the merit of the information before it, is in the best interest of the Town of Essex and its residents, affording all parties the opportunity to prepare comments upon issues before they are discussed in a public meeting.

PARTICIPATION

1. Public Meetings -Regular participation shall include the members of the Selectboard and the Town Manager and staff or consultants whose participation is pertinent to the issues on the agenda. Other individuals shall be included on the agenda in accordance with number 4 below.

2. Public Hearings -Public hearings shall be warned and held on specific agenda items and any person wishing to attend and be heard may do so. Anyone wishing to speak may do so only when recognized by the Chair, and shall state their name for the record. All comments shall be germane to the issue and shall be presented in a productive manner without ridicule, or insults and free of tumultuous or threatening remarks or gestures. No member of the audience shall at any public hearing interrogate or poll members of the Selectboard individually or collectively. Minor clarification may be requested and granted at the discretion of the Chair. The Chair may establish procedures for input including, but not limited to, time limits, sign-up sheets, and division of speakers pro and con, except in the latter case provision for rebuttal shall be made.

3. Informational Meetings -Informational meetings shall be restricted to the agenda item. The meeting shall begin with a presentation of the item by the Selectboard, the Chair, and a staff member or when appropriate, a consultant. The prime consideration should be to present information to the public through statements, presentation of audio-visual displays and secondly, through response to audience questions. This exchange should be exhausted prior to receiving comments and opinions to assure that everyone is afforded the opportunity to become familiar with the issue. Public comment under the public hearing procedure may then be heard if the Selectboard so votes.

The Selectboard may combine public informational meetings and public hearings in the same call or may hold them separately on a given issue.

4. Agenda - Each meeting shall have an agenda listing the time and place, the type of meeting and the items to be discussed or acted on. Items listed on the agenda shall be worded so as to give warning of the scope of the issue and should not be vague, deceptive or overly limiting. Any person may request that a new item be placed on the regular meeting agenda by informing the Town Manager's office by noon on the Wednesday before the agenda is published; exceptions may be permitted for special meetings. This rule shall not apply to old business already acted upon, tabled, or tabled to a specific time without the consent of the Selectboard. Selectboard members may contact the Town Manager’s office to add items to the agenda by noon on the Wednesday before the agenda is published; exceptions may be permitted for special meetings. Selectboard members or the Manager may ask for an amended agenda based on new information when delay would not be in the best interest of the Town of Essex. The agenda may be amended by a quorum of the Selectboard.

The agenda may contain a section for Consent Items. If a Selectboard member wishes to discuss or give separate consideration to a Consent Item, the member should ask to have the item moved to the Business portion of the agenda when the opportunity is given to make agenda additions or changes.

5. Absences -When a Selectboard member is to be absent from a duly warned meeting of the Selectboard, the member should notify the Chair and Manager as soon as is practicable. The Chair and Manager will then determine if a quorum of members will be present at the meeting, and if not, cancel the meeting. A new meeting will be scheduled for such time when a quorum will be present

CONDUCT OF MEETINGS

1. The meeting shall be called to order by the Chair, who shall proceed through the agenda as presented or who shall oversee its change or amendment through an orderly process.

2. All participants shall address the Chair who shall ensure that each participant has the opportunity to be heard without interruption or competing conversations.

3. People wishing to speak shall seek recognition from the Chair by raising their hand or making a similar gesture or other method adopted by the Selectboard. Only the Chair should interrupt the speaker, and only in exercise of the impartial role of Chair. Speakers shall keep statements pertinent to the agenda item being discussed and the Chair shall suppress divergent comments.

4. If necessary to interrupt, a Selectboard member or Manager should:

a. Seek permission from the Chair;

b. Speakers interrupted may yield or not. In the latter case, the Chair may allow the interruption, in the former case the interrupter will be allowed to speak as provided above.

c. Chair may interrupt speaker and recognize interrupter.

d. If recognized, interrupter may either:

(1) Direct question or brief comment to the Chair;

(2) Ask permission to interrogate speaker directly;

e. Questions or comments should be brief.

f. The Chair shall take responsibility to track developments and assure speaker gets back expeditiously to where the speaker left off.

5. Side conversations shall not be allowed at the table or from the audience. Persons invited to participate should come to the table and participate in the same manner as the Selectboard and Manager.

6. Only the Chair may, at an appropriate time, call for a vote on a motion made and seconded. A member may, however, move the question.

7. The Chair should assure that each person at the table has an opportunity to speak, pass or reserve or speak and reserve. To reserve simply means that the person, while not wishing to speak at that time, reserves the privilege before a vote is taken.

8. The Chair shall alternate the rotation of comments to the extent practical.

9. Board members and all other participants shall welcome a variety of opinions. When disagreements occur, discussion shall remain civil and all viewpoints shall be treated with respect.

10. Members of the body shall not post to social media, respond to email, or similar actions during meetings unless specifically required for the purpose of the meeting (i.e., reaching a staff member or member of the public who is needed during the meeting).

MOTIONS AND VOTES

1. It shall be the responsibility of the Chair to steer each issue to a conclusion. The Chair shall be alert to repetition and at the appropriate time shall ask the body if members are ready to vote, shall entertain motions, or shall invite additional comment.

2. Motions shall not always be necessary on each item, however, if the Selectboard wishes to create policy, give direction, enact, enable, or adopt a proposal, or an ordinance, or anything within its authority, it shall be by motion made and seconded and a recorded vote.

3. The motion before the Selectboard shall be read and the Chair shall assure the body is prepared to vote. Abstentions must be declared before the vote is taken and acknowledged by the Chair. The vote of any member, who fails to declare and have recognized an abstention, shall be recorded as contrary to the motion. In such cases, it shall be so recorded in the minutes without additional comment.

4. Abstentions shall be made only in cases of conflict of interest and the reason therefore shall be stated.

5. Conflict of interest is defined in the Town of Essex Conflict of Interest Policy.

6. Petitions may be accepted and acknowledged. The Selectboard may then place the item on a future agenda for discussion and possible action. When petitions are placed on agendas for regular meetings, a spokesperson may be allowed to speak briefly on behalf of the signers. Further action shall be as deemed appropriate by the Selectboard. The administration, consultants, or others shall not be called upon to respond to a petition without a reasonable opportunity to investigate and prepare a response.

7. All decisions of the Selectboard shall be explicit with the intent that all members, the staff, the Manager and the public shall be able to understand the action from reading the minutes.

8. Any member of the Selectboard may call for point of order on violation of these rules compelling a ruling of the Chair.

9. The parliamentary authority for the conduct of meetings shall be the latest edition of “Robert's Rules of Order, Newly Revised,” in all cases where they are applicable and in which they are not inconsistent with these “Rules and Procedures.”

10. Cell phones or other electronic, handheld devices shall only be used during meetings for purposes related to the meeting. Phones or devices should either be turned off or placed on a setting that does not utilize an audible ring (such as “silent” or “vibrate”).

11. All policies shall be introduced at a Selectboard meeting and acted upon at the next meeting. Policy amendments that are not substantial may be acted upon at the same meeting at which they are introduced.

12. Resolutions may be introduced and adopted at the same Selectboard meeting.

13. The Selectboard must give unanimous consent before proceeding past 11 p.m.

These rules are adopted under the authority of Section 204 of the Charter of the Town of Essex and as such are incumbent upon all persons in attendance. Upon failure to yield to the Chair, any person may be warned and then expelled from the meeting place.

Adopted on September 13, 1984 by the Town of Essex Selectboard. Amended on November 16, 1987; December 7, 2009; April 5, 2010; October 16, 2017; April 16, 2018; April 5, 2021; April 1, 2024. 

DOWNLOAD Selectboard Computer Use Policy (pdf)

Town of Essex

Selectboard Computer Use Policy

The Town of Essex Selectboard Computer Use Policy applies to Selectboard members as they use Town-issued computer devices for the purposes of conducting Town business. All Selectboard members will be issued a Town computer. The goal of the policy is to ensure that these devices are used and maintained appropriately.

1. Agreements - Board members must read and sign a Town of Essex Electronic Communication and Computer Use Agreement and the Selectboard Computer Use Agreement before taking possession of Town assigned computer devices.

2. Ownership - Assigned devices are Town property and the Town reserves the right to recall, inspect, repair, replace, or service the device when needed. Selectboard member do not have an expectation of privacy on Town-issued devices.

3. Software - Only software approved by the Town IT manager or the manager’s designee will be installed on assigned devices. Users shall not uninstall, deactivate, or shut off any software designed to protect the device, including antivirus software, Mobil Device Management, etc.

4. Assistance - Requests for assistance or help shall be submitted through the Town IT Help desk system. If needed, Selectboard members will be trained in use of the IT Help desk system.

5. Access to Selectboard meeting packets - The Manager’s Office will post Selectboard packets to an internet-accessible, shared storage location. When packets are ready, the Manager’s Office will notify Selectboard members via email of packet availability. Selectboard members can then download the meeting packet from the shared storage location. Members wishing to have paper copies of the packet must print their own materials or notify the Manager’s Office that they would like a paper packet, which must be picked up by the Selectboard member at 81 Main St. Packets printed by the Manager’s Office will not be collated.

6. Confidential materials - Selectboard packets distributed to Selectboard members may contain confidential materials. For this reason, Selectboard members shall not share their access to Selectboard packets or materials. Public versions of Selectboard packets that do not contain confidential materials will be posted to the Town website and elsewhere for public consumption, as needed.

7. Use and conduct during meetings - During board meetings, Town-issued computer devices, as well as cell phones or other electronic, hand-held devices, shall only be used for purposes related to the meetings. (Town devices will be able to access the Town of Essex website, Village of Essex Junction website, and shared storage locations for access to documents relative to the meeting.)

8. Use of Devices – Town issued devices are not to be used by anyone other than the assigned Selectboard member or Town staff. Users shall not use issued devices to visit external web sites, conduct web searches, or communicate with others during Board meetings. The use of devices for any political activities or solicitations is prohibited. Political activities are defined for the purpose of this policy as activities in support of any partisan political issue or activities in support of, or in concert with, any individual candidate for political office, or party, which seek to influence the election of candidates to Town of Essex offices.

9. Public Records – Selectboard members shall understand that materials, records, and documents on Town-issued device may be subject to Vermont’s Open Meeting Law (1 V.S.A. § 310-314) and Public Records Law request (1 V.S.A. § 315-320).

10. Use and Care – Selectboard members shall adhere to the following guidelines when in possession of a Town-issued computer device:

a. Treat Town-issued equipment with as much care as if it were your own property.

b. Keep the computer stored in a secure place when you cannot directly monitor it.

c. Avoid use in situations that are conducive to loss or damage.

d. Avoid leaving the computer in environments with excessively hot or cold temperatures.

e. Read and follow general maintenance notices from the Town IT department.

f. Computer screens can be easily damaged if proper care is not taken. Broken screens are NOT covered by warranty and can cost more than $400 to replace. Screens are particularly sensitive to damage from excessive pressure.

g. Do not touch the computer screen with anything other than your finger, a stylus, other approved touchscreen devices, or approved computer screen cleaners.

h. Clean the screen with a soft, dry anti‐static cloth or with a screen cleaner designed specifically for LCD type screens.

i. Never leave any object on the keyboard. Items left on the keyboard are liable to crack the screen when the lid is closed.

j. Always transport the equipment within the case provided or approved by the Town.

k. Electronic equipment shall be turned fully off before returning them to the carrying case.

11. Device Updates - System updates will occur automatically when assigned devices connect to the Town computer network. Selectboard members are encouraged to show up at least 10 minutes before meetings to allow the devices enough time to complete any updates. IT staff may initiate maintenance remotely when needed.

12. Damage or Theft - Broken, stolen, or lost devices must be reported to the Town IT Department within 24 hours. Selectboard members will also be required to complete and submit a Town Incident Report form, providing details of the incident, within two business days. Reports are required for insurance purposes and for any possible Police Department
investigations. The faster the report is made to the IT Department the better the possibility of recovering the lost or stolen device.

13. Violations of use - If a Selectboard member violates this policy, the Selectboard shall respond to the violation in executive session to evaluate and/or discipline a public official in accordance with 1 V.S.A. § 313(3) and 1 V.S.A. § 313(4). Upon a second offense, the Selectboard shall again respond to the violation in executive session; if 80 percent of the board so desires, the Selectboard may choose to publicly censure the member for violating the Selectboard Computer Use Policy.

14. End of Selectboard tenure - Selectboard members who leave the board for any reason shall return their devices to the IT Department within 48 hours of leaving the board.

DOWNLOAD Tax Sale Policy (pdf)

 Town of Essex Tax Sale Policy

The purpose of this policy is to meet the following stated goals regarding tax sale:

• To establish clear guidelines for evaluating the necessity of tax sale;
• To establish clear thresholds for including properties in tax sale;
• To balance the need of the Town to contain delinquencies with the cost and administrative burden of conducting a tax sale;
• To establish clear guidelines for exemption or removal from tax sale;
• To ensure all properties are treated in an equitable and consistent manner.

Effective upon adoption of this policy, and thereafter on an annual basis on May 1, the Tax Collector or the Tax Collector's designee shall evaluate the need to conduct a tax sale for all real property based on the following criteria, and shall initiate a tax sale in accordance with 32 VSA Subchapter 9 when criteria is met:

1. For individual accounts, without or ineligible for a payment agreement, with cumulative delinquent taxes, interest, penalties, and fees greater than one-year old and greater than $10,000, the Town shall initiate a tax sale for any accounts exceeding $10,000 in delinquencies.

Taxes become delinquent as of midnight on the due date; postmarks are accepted as proof of timely payment.

Existing tax payment agreements will be honored, and the property will not be put up for tax sale unless there is a breach of the contract, at which point the property will be included in the next tax sale. It shall be considered a breach of the contract if a payment is missed or if current taxes become delinquent. A completion of a contract is considered final when the full contract is executed, not when the threshold for tax sale has been reached. Any account with a history of breached contract is ineligible for a future agreement until taxes are made current.

All taxpayers have the right to apply for abatement and shall be notified of such right as part of the notification of tax sale. Application for abatement will stay any tax sale proceedings until after the board of abatement has heard the case. The decision by the board of abatement will inform the next steps on the account. For example, a decision to abate taxes due would remove the account from tax sale; a decision to require a payment plan would remove the account from tax sale; and a decision to do nothing on an account would return the account to tax sale eligible status for the next tax sale.

Criteria for removal from tax sale:

1. Payment equal to 100% of the delinquent balances plus associated tax sale fees.
2.  Payment equal to or greater than 50% of delinquent balances plus associated tax sale fees accompanied by a signed agreement to pay the balance within 12 months. Agreements must include installment payments due once or more per month. All outstanding balances are subject to the established interest and penalty rates.

The tax sale procedure shall be in accordance with Vermont State Law. Fees will be charged pursuant to Vermont State Statutes.

Adopted by the Town of Essex Selectboard on April 2, 2018. Revised May 20, 2019; April 1, 2024. 

Town of Essex Selectboard

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