2023 Vermont Statutes
Title 17 - Elections
Chapter 55 - Local Elections
§ 2651a. Constables; appointment; removal; elimination of office
§ 2651a. Constables; appointment; removal; elimination of office
(a)(1) A town may vote by Australian ballot at an annual meeting to authorize the selectboard to appoint a first constable, and if needed a second constable, in which case at least a first constable shall be appointed.
(2) A constable so appointed may be removed by the selectboard for just cause after notice and hearing.
(3) When a town votes to authorize the selectboard to appoint constables, the selectboard’s authority to make such appointments shall remain in effect until the town rescinds that authority by the majority vote of the registered voters present and voting at an annual meeting duly warned for that purpose.
(b) Notwithstanding the provisions of subsection (a) to the contrary, a vote to authorize the selectboard to appoint constables shall become effective only upon a two-thirds vote of those present and voting if a written protest against the authorization is filed with the selectboard at least 15 days before the vote by at least five percent of the voters of the town.
(c) The authority to authorize the selectboard to appoint the constable as provided in this section shall extend to all towns except those that have a charter that specifically provides for the election or appointment of the office of constable.
(d)(1) A town may vote at an annual meeting to eliminate the office of constable.
(2) If a town votes to eliminate the office of constable, the selectboard shall appoint a town officer to discharge the constable’s duties, if any, subject to 24 V.S.A. § 1936a. The town officer shall proceed in the discharge of the constable’s duties in the same manner and be subject to the same liabilities as are established by law for constables.
(3) A vote to eliminate the office of constable shall remain in effect until rescinded by majority vote of the registered voters present and voting at an annual meeting warned for that purpose.
(4) The term of office of any constable in office on the date a town votes to eliminate that office shall expire on the 45th day after the vote or on the date upon which the selectboard appoints a town officer under this subsection, whichever occurs first. (Added 1991, No. 177 (Adj. Sess.), § 2; amended 2017, No. 130 (Adj. Sess.), § 1; 2021, No. 157 (Adj. Sess.), § 4, eff. July 1, 2022.)
