To the editor: Weston Select Board plays with language of the law

A long-time member of the Weston Select Board resigned on July 14 of this year. On Aug. 11, the remaining members of the Weston Select Board announced that they had decided to warn a special town meeting so an election could be held to fill that vacancy.

There are two problems with that decision.

First, that decision was made prior to Aug. 11, and not during an open meeting. There was no motion, no second and no vote. The law (1 V.S.A. §312) is clear: “No resolution, rule, regulation, appointment, or formal action shall be considered binding except as taken or made at such open meeting …”

More importantly, the Select Board’s choice to warn a special town meeting for an election is contrary to the statute requiring that “the selectboard forthwith by appointment in writing shall fill such vacancy until an election is had.” (24 V.S.A. §963(a))

Another Select Board member resigned immediately following the Aug. 11 meeting, creating a second vacancy the remaining members are required by law to fill. Instead, the Select Board argued that the operative word in the statute is “forthwith” and, since there is no required time constraint on appointing new members, warning a special meeting is a proper exercise of the Select Board’s discretion.

To say that the Select Board can’t, or won’t, make an appointment because the statute doesn’t provide a timeline for doing so is absurd.

It should be clear that the intent of the legislature is that appointments to fill vacancies should be made as soon as reasonably possible. The Weston Select Board filled a vacancy by appointment just four months ago and knows this. No one played word games over the meaning of “forthwith” then, and it’s preposterous to do so now.

After all, the operative word in the statute is not “forthwith.” It is “shall,” as in “The Selectboard … shall fill such vacancy.” There are no other options in the statute. The Select Board has discretion over who it appoints and how long it takes to fill a vacancy but, no matter how the Select Board chooses to define “forthwith,” it “shall” fill vacancies through appointment.

If the residents of Weston decide the Select Board is not being “forthwith-y” enough, they will say so and reserve their right to petition for an election to be held.

The Weston Select Board must fulfill the duties imposed upon it by law. The warning for a special town meeting should be withdrawn. The Select Board needs to make the necessary appointments to fill vacancies and get back to work. Things in Weston have reached the point where doing otherwise is going to look a lot like willful neglect of duty. If any member of the Weston Select Board is unable or unwilling to perform any of the duties imposed upon them by law, they should step down.

That last statement should come as no surprise. The Select Board has heard it from residents half a dozen times in the last couple of months.

Ken Hall
Weston