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Vermont Statutes Title 21. Labor, § 1337a. Administrative determination;  hearing on

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Sec. 4. (a) This section applies to a vacancy in the town council:

(1) not covered by section 1 of this chapter;  or

(2) covered by section 1 of this chapter, but not filled by a major political party by the applicable deadline set forth in IC 3-13-11-3.

(b) The vacancy shall be filled by the remaining members of the council at a regular or special meeting.

(c) The town clerk-treasurer shall give notice of the meeting.  Except as provided in subsections (e), (f), (g), and (h), the meeting shall be held

not later than thirty (30) days after:

(1) the vacancy occurs if the vacancy is not covered by section 1 of this chapter;  or

(2) the applicable deadline for a major political party to fill the vacancy as set forth in IC 3-13-11-3.

(d) The notice must:

(1) be in writing;

(2) state the purpose of the meeting;

(3) state the date, time, and place of the meeting;  and

(4) be sent by first class mail to each council member at least ten (10) days before the meeting.

(e) If a vacancy:

(1) is not covered by subsection (f) or section 1 of this chapter;  and

(2) exists because a circumstance has occurred under IC 36-5-2-6.5(3);

the town council shall meet and select an individual to fill the vacancy not later than thirty (30) days after the town council determines that a circumstance has occurred under IC 36-5-2-6.5(3).

(f) If a vacancy:

(1) is not covered by subsection (e) or section 1 of this chapter;  and

(2) exists because a circumstance has occurred under IC 36-5-2-6.5(2);

the town council shall meet and select an individual to fill the vacancy not later than thirty (30) days after the town clerk-treasurer receives notice of the death under IC 5-8-6.  The town clerk-treasurer may not give the notice required by subsection (c) until the town clerk-treasurer receives notice of the death under IC 5-8-6.

(g) If a vacancy:

(1) is covered by section 1 of this chapter and not covered by subsection (h);

(2) exists because a circumstance has occurred under IC 36-5-2-6.5(3);  and

(3) exists for more than thirty (30) days;

the council shall meet and select an individual to fill the vacancy not later than sixty (60) days after the town council determines that a circumstance has occurred under IC 36-5-2-6.5(3).

(h) If a vacancy:

(1) is covered by section 1 of this chapter and not covered by subsection (g);

(2) exists because a circumstance has occurred under IC 36-5-2-6.5(2);  and

(3) exists for more than thirty (30) days;

the council shall meet and select an individual to fill the vacancy not later than sixty (60) days after the town clerk-treasurer receives notice of the death under IC 5-8-6.  The town clerk-treasurer may not give the notice required by subsection (c) until the town clerk-treasurer receives notice of the death under IC 5-8-6.

Cite this article: FindLaw.com - Vermont Statutes Title 21. Labor, § 1337a. Administrative determination;  hearing on - last updated January 01, 2020 | https://codes.findlaw.com/vt/title-21-labor/vt-st-tit-21-sect-1337a.html


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